When Sex Offenders Confess to Clergy: Three Mistaken Beliefs

By Boz Tchividjian
Religion News Service
August 1, 2014

http://boz.religionnews.com/2014/08/01/perpetrators-confess-clergy-three-mistaken-beliefs/

This past week, a Florida pastor was arrested for failing to report the suspected sexual abuse of a child. Over a year ago, one of the three young victims informed the pastor of the ongoing abuse. Though he provided the victim with counseling, the pastor never reported the crime to the police because he “didn’t have proof”.

How does a pastor respond when informed of allegations concerning child sexual abuse? All too often the responses by pastors are too little too late. Here is a simple rule that should be followed by pastors and everyone else: Immediately report allegations of child sexual abuse. Not only will you potentially save the life of a child and stop the heinous acts of a predator, but you will also most likely be following the law.

Approximately 27 states specifically designate members of the clergy (pastors) as mandated reporters. Another 18 states designate all adults to be mandated reporters of suspected child abuse. This means that in almost every state of the country, pastors are mandated by law to report suspected child abuse or face criminal prosecution. Even in those limited circumstances when a pastor is not a mandated reporter, nothing prevents him/her from voluntarily reporting suspected abuse to the authorities.

Confessional – photo courtesy of Brian Allen via Flickr

Perhaps the most confusing issue for most pastors related to reporting child sexual abuse is what to do when a perpetrator is the one who discloses the abuse. If a perpetrator confesses to sexually abusing a child to a pastor, every effort should be made by the pastor to insure that the offender immediately reports his/her crime to the authorities. This should certainly be the expectation if the perpetrator has expressed a desire to demonstrate repentance. Expressing repentance for a crime without voluntarily submitting to the civil authorities is manipulation, not repentance. The dark reality is that most offenders who confess abuse to a pastor won’t report themselves to the authorities. In those circumstances, the pastor has a fundamental decision to make; remain silent and protect a perpetrator, or report the abuse and protect a vulnerable child.

In the past few years, I have discovered that many pastors have mistaken beliefs about reporting child sexual abuse disclosures made by perpetrators who refuse to report their crimes to the authorities. I want to briefly highlight three common mistaken beliefs:

Mistaken Belief #1: Mandated reporting exceptions prohibit pastors from reporting

Many jurisdictions that designate pastors as mandated reporters do make an exception if the disclosure was made during a confidential conversation between the perpetrator and the pastor. This exception is based upon the age-old clergy-parishioner privilege that holds sacred the private communications between a parishioner and member of the clergy. This exception does not mean that a pastor is prohibited from making the report. All it means is that a pastor who fails to report a child sexual abuse disclosure made by an alleged perpetrator will not be prosecuted for violating the mandated reporting law. Nothing prohibits the pastor from voluntarily reporting the crime to the authorities out of concern for the life and safety of a child.

Mistaken Belief #2: Clergy-parishioner privilege prohibits pastors from reporting

A pastor is never prohibited by law from reporting known or suspected child abuse to the authorities. Though the law may not prohibit such a report, a pastor who reports abuse learned during a conversation with the alleged offender may violate the clergy-parishioner privilege. However, in these circumstances such a privilege must be formally recognized by the particular church or denomination. A pastor who violates a recognized privilege could be subject to civil legal action.

The reality is that except for the Catholic Church, most churches have not formally recognized a clergy-parishioner privilege. This means that the pastor can freely report a disclosure of sexual abuse made by a perpetrator with little concern about civil legal consequences. What ultimately determines whether a pastor reports the admitted sexual abuse of a child should not be whether or not the church has a formally recognized clergy-parishioner privilege. Neither should it be whether or not the pastor may one day be sued for violating a recognized privilege. What should ultimately determine whether a pastor voluntarily reports abuse is the life and safety of a precious child made in the image of God.

Mistaken Belief #3: Rules of Evidence prohibit pastors from reporting

Rules of evidence are the rules each court follows in determining the admissibility of evidence in hearings and trials. Almost every state jurisdiction in this country recognizes some type of clergy-penitent privilege as part of its rules of evidence. All this means is that certain conversations between an offender and a member of the clergy may not be admissible in a judicial hearing or trial. Rules of evidence that exclude these communications do not prevent pastors from reporting admitted abuse to the authorities. Whether or not a conversation between a pastor and an offender is admissible in a court of law is the exclusive role of prosecutors, defense attorneys, and judges, not pastors.

Regardless of whether the conversation is ultimately admitted into evidence, a pastor who reports the confessed sexual abuse will protect the child by providing law enforcement the opportunity to collect additional corroborating evidence. In those circumstances, even if the court decides to exclude the “confession” from trial, there may still be sufficient evidence to convict the perpetrator. I remember prosecuting a child sexual abuse case in which the court did not allow me to admit into evidence the implicating conversation between the pastor and the defendant. Fortunately, we were still able to secure a conviction because the police had collected additional implicating evidence as a result of a brave pastor’s decision to report what he had been told.

When pastors are told about the abuse of a child, all too often too much time is spent evaluating and analyzing, instead of reporting. As the evaluations and analysis go on and on, the child is the one that pays the highest price. Just ask the three young victims in Florida.

Minimizing mistaken beliefs will prayerfully lead to maximizing the protection of little ones.