Reporting Abuse

By Paul Handley
Church Times
November 8, 2013

http://www.churchtimes.co.uk/articles/2013/8-november/comment/leader-comment/reporting-abuse

THE horrors of child sexual abuse were laid out once more in Panorama this week. The programme featured two victims: one of the several boys abused at Downside, the Roman Catholic school, and a woman who, at the age of 12, had been raped by a porter at Stoke Mandeville Hospital who turned out to be Jimmy Savile. The now familiar tale was told of ignored reports and cover-ups, prompting the former Director of Public Prosecutions, Keir Starmer QC, to argue that the reporting of child abuse to the police should be made mandatory for those working in certain institutions. No list was given, but schools and churches are obvious candidates.

On the face of it, mandatory reporting makes sense. It would help to prevent the persistent offending by abusers who escape exposure because their employers wish to avoid scandal. It would help to convince victims that their witness will be taken seriously. It is, however, an awkward precedent to criminalise a specific type of non-disclosure, especially when existing laws cover the most egregious examples. There is also a danger that it would take a degree of control away from victims. Increasing numbers go directly to the police; those who choose to tell somebody else might well be nervous of the police's involvement. The shadow of compulsion hanging over any sort of disclosure could act as an inhibitor. In any case, a change in the law is possibly unnecessary. Recent moves made by the Church of England and the Roman Catholic Church, among others, mean that the police are now brought in as a matter of course.

Another instance when a mandatory element would cut across existing practices is the confessional. The code of conduct for clergy, drawn up in 2003, restates: "There can be no disclosure of what is confessed to a priest." This principle is respected in civil courts, though this might not remain the case for all time. The code refers specifically to abuse: "Where abuse of children or vulnerable adults is admitted in the context of confession, the priest should urge the person to report his or her behaviour to the police or social services, and should also make this a condition of absolution, or withhold absolution until this evidence of repentance has been demonstrated." Confession would lose its efficacy if a penitent withheld information out of fear that the confessor might be forced to reveal it.

There are other occasions when mandatory reporting might discourage victims from telling anyone. A report this week on female genital mutilation argues that it ought to be treated like any other form of child abuse. This marks a significant step towards eradicating the brutal practice, which must no longer be excused on religious or cultural grounds. But the collusion of parents, many of whom are protective and loving in other respects, constrains girls from speaking out, and a further threat of legal action will not encourage greater openness.

The protection given to paedophiles in the past has damaged the Church's reputation. This is slowly being repaired, thanks to the introduction of sound procedures. Given this history, Churches cannot afford to show any reluctance in the reporting of abuse. Caution is needed, however, when considering a mandatory element.