Members of the clergy are required to report any instances of child abuse. At the same time, any confessions made to a priest are considered confidential.
So, where does that leave victims of sexual abuse?
The clergy-penitent privilege
Sexual abuse is a horrifying crime that deserves swift and just punishment. However, prosecutors are sometimes faced with the clergy-penitent privilege, a legal principle that protects anything confessed to a priest as confidential. That is because the Catholic Church considers the seal of confession sacred. Violation of this seal is punishable by excommunication. Therefore, priests are expected to protect this seal at all costs.
Critics feel that this privilege can be exploited by child sex abusers within the church and is used to obstruct justice regarding clergy sexual abuse. Currently, six states now require clergy who learn of child abuse in confession to report it. However, Oregon is not one of those states.
It is an ethical dilemma. On the one hand, there’s the necessity to protect children from sexual abuse and bring perpetrators to justice. On the other hand, there’s a need to respect religious freedoms and the sanctity of confession. Striking a balance between these two imperatives is a significant challenge.
Bringing a charge of sexual abuse against clergy is an overwhelming situation. However, it sometimes only takes one person coming forward to start the wheels of justice turning, even if confessions can’t necessarily be used as evidence as a case. Recently, the governor increased the statute of limitations for prosecuting sex crimes from 12 years to 20 years, or, if the victim was a minor, before they turn 30, whichever occurs later.
If you are a sexual abuse survivor, it’s crucial that you know that resources are available. Seeking personalized legal guidance is a good way to get started.