BishopAccountability.org
	Sexual Assault Case Tests Limits of Confidentiality for Clergy, Other Officials Post Crescent May 8, 2010 http://www.postcrescent.com/article/20100509/APC0101/5090514/1979/APCsports People who confide in the clergy expect their innermost secrets to remain private, but a Calumet County sexual assault case illustrates that not everything is privileged. Debra M. Zierler, 48, of Menasha, was charged in April with second-degree sexual assault as a foster care provider. Zierler confided in a pastor about a sexual relationship she had with an 18-year-old foster son, according to the criminal complaint. She will make her initial court appearance on May 17. The pastor — who belongs to a profession listed in state mandatory reporting laws for child sexual abuse — took that information to youth and family services officials. The reporting requirement for members of clergy is a relatively recent change. Still, it is one that most pastors understand and support, said Scott Anderson, executive director of the Wisconsin Council of Churches. "It's not just a legal responsibility," Anderson said. "It's also a moral responsibility." Advocates say the sexual assault charge filed against Zierler on April 8 illustrates the importance of Wisconsin law that requires reporting of suspected child abuse among those who work with children. The law requires reports from those in a variety of fields, including teachers, counselors, doctors and police. In 2004, Wisconsin added clergy to the list of mandatory reporters for suspected child sexual abuse. Pastors are required to report suspected sexual assault so long as they didn't learn about it in a confessional setting. Anderson said the law brought change to the traditional relationship between clergy and parishioners. Still, pastors have been receptive, he said. Although the law only requires mandatory reporting for pastors and priests for sexual abuse, the council has encouraged voluntary reporting in suspected incidents of physical or emotional abuse as well. Ian Henderson, an attorney with the Wisconsin Coalition Against Sexual Assault, said the law recognizes the vulnerability of children and removes the guesswork for many who could become privy to information. "There's little room for discretion," Henderson said. "As a result of that, more cases of sexual assault have come to light than probably would have." While communication between clergy and parishioners is usually off-limits for purposes of criminal court proceedings, pastors or priests could be called to the witness stand and questioned if reports bring forth prosecution, Henderson said. Both Zierler and the 18-year-old foster care client acknowledged they began a sexual relationship in January, the criminal complaint states. The 18-year-old said the sexual contact was his decision. The second-degree sexual assault charge carries a maximum 40-year prison term and a $100,000 fine. While the client was 18, the law used to prosecute Zierler doesn't mention age. The charge prohibits intercourse between the licensee of a foster home and a client of that home. Clergy aren't alone in a responsibility to report among those who would otherwise fall under relationships granted privileged communications for purposes of courtroom testimony. Therapists and doctors, for instance, wouldn't be required to testify to confidential discussions with patients. They too, however, are required to report suspected child abuse. A recent example arose in Outagamie County where Darren M. Huff was charged with two counts of repeated sexual assault of a child. Authorities initiated investigation after one of two children disclosed sexual abuse during a therapy session, the criminal complaint says. Anderson said the church council trained about 500 pastors across the state when clergy joined the list of mandatory reporters. The Wisconsin Catholic Conference conducted similar training for Catholic priests, he said. It represented a shift in tradition and it wasn't easy. Yet, it was a shift that made sense, he said. "I think everyone recognizes there's a responsibility there among anybody who has contact with children," Anderson said.
Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.