Sex Abuse Action and the Seal of Confession, by Michael Mullins, Eureka Street, July 24, 2011

Sex Abuse Action and the Seal of Confession

By Michael Mullins
Eureka Street
July 24, 2011

http://www.eurekastreet.com.au/article.aspx?aeid=27339

Prompted by a resolve of the Irish Government to enact legislation aimed at breaching the seal of the confessional, Australian Senator Nick Xenophon threw a sectarian bomb on Thursday.

'There is no contest when it comes to protecting the innocence of a child or maintaining a religious practice,' he told reporters in Canberra. 'Why should someone be absolved of their sins ... when it comes to child abuse because they've got a pat on the back from their priest?'

There's no doubt that his bullish intervention was an affront to the Catholic Church and the principle of freedom of religion.

According to the Catholic understanding, confession is made to God through the priest, and so disclosing what is said in that conversation is to violate what is sacred. That is why Catholic priests would consider themselves bound to go to jail rather than obey an unjust law.

To make laws about such specific practices that a significant group of people would be obliged to disobey on conscientious grounds rarely serves the common good.

But equally Senator Xenophon is reflecting the view of many Australians that religious practices must not be allowed to obstruct the course of the law, especially in cases of sexual abuse of minors involving church personnel.

Underlying Xenophon's comments is the reality that there is little basis in Australian law for priests to claim immunity from prosecution for withholding information that is subject to the seal of confession.

The Constitutions of the USA and Ireland do provide the seal with a stronger claim for protection. In some jurisdictions within Australia, including NSW, the Evidence Act provides limited recognition of the seal. The Australian Law Reform Commission could best be described as 'open minded'. But in practice, the most enduring protection that is afforded the seal of confession in this country is community goodwill.

By definition goodwill requires mutual cooperation and charity, which in turn relies on the perception that it is merited. The church sexual abuse scandals of recent decades — and their handling by Church officials — have understandably eroded much of the goodwill that would be needed to maintain respect for the seal of the confessional.

The Irish Prime Minister made this very clear last week in his unprecedented attack on the Catholic Church. In general terms, many of his points could be applied to the Australian context.

In rebuilding goodwill, it is necessary to engage with those hostile to the Church, especially if there are points of agreement. The head of Survivors Australia Nikki Wells paid the Church a compliment when she told ABC Radio on Thursday that 'in principle [the Australian bishops' sex abuse protocol] Towards Healing is a fantastic document'.

While she added that 'it's not worth the paper that it's written on because the Catholic Church itself doesn't even abide by their own protocol', her praise for their strategy is a good basis for building the bridges necessary for making a fair assessment of Catholic adherence to the protocol. That conversation in turn may ensure community support for important aspects of Catholic religious practice such as the seal of confession.