AUSTRALIA
The Age
March 26, 2014
Bryan Keon-Cohen, Joseph Poznanski
The absolute confidentiality of the Catholic Church’s confessional puts vulnerable children at risk.
Comment
While the Catholic Church appears willing to accept the Victorian parliamentary committee’s recommendations in its report Betrayal of Trust, the church hierarchy rejects the application of a mandatory reporting regime to the sacrament of Penance, that is, the Confessional.
The report also declined to extend mandatory reporting to compel priests, in appropriate circumstances, to break the Seal of the Confessional. COIN (Commission of Inquiry Now) disagrees.
One of the seven sacraments, this rite dates to the early Middle Ages and remains an integral part of Catholic faith. All Catholics who have attained the age of discretion are required to confess their sins through the Confessional. Basically, it is an article of faith: no more, no less.
The Victorian inquiry had broad terms of reference and dealt with religious and non-religious institutions throughout Victoria. Yet according to the report, the overwhelming majority of criminal acts perpetrated against vulnerable children were committed by Catholic priests. Despite this appalling record, the church hierarchy insists that, on the grounds of religious right, the Confessional should remain exempt from mandatory reporting. If a penitent reveals during the Confession that he or she has been sexually abused by anybody, the priest must not disclose that information.
For Catholic priests, the confidentiality of such statements is absolute – even under threat of their own death or that of others. Canon Law states that a priest who breaches the Seal of the Confessional, incurs latae sententiae – i.e. automatic – excommunication. Paradoxically, a priest who commits an indictable criminal offence, such as sexual abuse of a minor, does not incur the same penalty. Instead, the evidence shows, usually his bishop quietly transfers the offender to another parish and rejects any complaints from aggrieved parents.
Further, no formally established code of practice, code of ethics, or specific practice guidelines at all exist for a priest when administering the Confessional.
Note: This is an Abuse Tracker excerpt. Click the title to view the full text of the original article. If the original article is no longer available, see our News Archive.