Child-rape cases prompt lawmakers to rethink clerical privilege

By The Associated Press

08.01.01

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BOSTON — Priests and other clergy have been havens for secrets, virtually beyond the reach of civilian authority or law for thousands of years.

But after widespread reports of sexual abuse of children by priests and a Middleton, Mass., church worker, lawmakers are moving to get rid of a long-held clerical privilege in the name of protecting children.

Lawmakers gave initial approval yesterday to a bill that would require priests and other clergy to report sexual abuse of children to law enforcement if they learn about it outside the confessional.

"We need to make the hierarchy of whatever religion understand that they can't allow the people under them to get away with the things they've gotten away with," said Rep. Patricia Haddad, D-Somerset. "If it means going against the hierarchy of the church, then OK."

The vote by the Joint Committee on Human Services and Elderly Affairs comes days after Cardinal Bernard Law for the first time publicly defended his handling of clergy sex-abuse allegations.

But church officials, while recognizing the need to protect children, say requiring priests to report conversations in the rectory or anywhere else would violate the trust people have in them — a trust that civil authorities have recognized for thousands of years.

"This goes to the foundation of our faith, of a priest's role as a confessor," said Gerald D'Avolio, executive director of the Massachusetts Catholic Conference, the church's public policy arm.

Confidential conversations with clergy, such as those inside a confessional, would not have to be reported, according to the proposal.

But D'Avolio said the priest's role as spiritual adviser would be damaged nevertheless because people would divulge much less to their priest if they knew any of it could be passed along to authorities.

Reports of sexual abuse of children have rocked the Catholic Church in Massachusetts, fueling calls to do more to protect the state's children.

Former priest John Geoghan, who is accused of molesting at least 70 children while a priest at six parishes, goes on trial in September.

Former North Attleboro priest James Porter is now serving an 18-to 20-year sentence after pleading guilty to 41 counts of raping and molesting 28 children.

On July 9, Christopher Reardon, a former youth worker at a church in Middleton, pleaded guilty to 75 of 130 counts of child rape and other charges in the biggest child sex-abuse case in state history.

State Sen. James Jajuga, D-Methuen, said it was the Geoghan case that caused him to sponsor the bill. State law requires many people who work with children to report child abuse, but clergy have always been exempt, even though many work closely with children.

"It seems logical to me that priests or rabbis who have contact with children and who suspect abuse should be required to report it," Jajuga said.

Supporters said the bill would not infringe on the traditional sanctity of the confessional. Clergy would not be required to divulge child sex abuse or any other crime if shared in confidence, according to the proposal.

"We're not saying, 'Run out of the confession and start dropping dimes on people,"' said Haddad.

But state Sen. David P. Magnani, D-Framingham, said priests and other clergy serve as counselors even outside confidential settings such as the confessional, so the issue isn't so black and white.

"There isn't any question that this has happened, that folks have hidden behind the cloth, and we can't tolerate that," Magnani said.

"But the fundamental function of the clergy is to be an ear for people who are in personal crisis. If you don't protect that, you've undercut a fundamental part of this country, which is the protection of religious freedom," he said.

In order to become law, the proposal must pass the full House and Senate before being approved by the governor.

Update

State House OKs bill requiring clergy to report child molestation
Massachusetts measure would exempt information gained during confession or similar confidential religious consultation.  04.25.02

Related

Cardinal must answer questions in molestation probe
Judge rejects archdiocese's First Amendment argument, clearing way for Boston's highest-ranking Catholic leader to be deposed in sexual-abuse case.  04.19.02