Should priests be required to break the confessional seal? (1 Viewer)

[townie]

Yeah I completely forgot to consider that at the moment only a certain subset of people are mandatory reporters in NSW (mainly doctors etc and teachers), the general populace isn't a mandatory reporter (although I suppose it could be argued if you know it happened and didn't report it you could be an accessory after the fact)

 

[enoilgam]

Yeah I completely forgot to consider that at the moment only a certain subset of people are mandatory reporters in NSW (mainly doctors etc and teachers), the general populace isn't a mandatory reporter (although I suppose it could be argued if you know it happened and didn't report it you could be an accessory after the fact)

From what I can remember (feel free to correct me if I am wrong anyone), I dont think the average citizen is under obligation to report crimes to the police (there might be some exemptions). However, a person may be compelled to give testimony if there is reasonable evidence to suggest that they know something of evidentiary value. If a person confesses to someone about a crime, that someone can testify to this as it falls under the "statement against criminal interests" exemption to the heresay rule. A failure to provide testimony when compelled will result in change of contempt of court (unless the testimony would incriminate the person).

In regards to priests specifically, I think they are able to refuse to testify UNLESS the judge rules that the probative value of their evidence outweighs the harm in them giving the testimony (I think this is in the evidence act). Given that these priests may have taken confessions, I would say that a judge would rule that the probative value of this would probably outweigh the harm.

Again though, I am not too sure about this - so correct me if I am wrong anyone.

 

[nifkeh]

Yeah I completely forgot to consider that at the moment only a certain subset of people are mandatory reporters in NSW (mainly doctors etc and teachers), the general populace isn't a mandatory reporter (although I suppose it could be argued if you know it happened and didn't report it you could be an accessory after the fact)

I heard if you knew the abuse was happening, but didn't report it you'd be still in trouble

but there's something to note about any type of abuse case, if the victim reports it, it doesn't mean the police will pursue it to the end because the victim may say 'I don't want to do this anymore' so therefore the police are stopped from making charges against the purpitrator (?) or investigating the matter because they can't continue with it once the victim says no because it's another agreement that they're under

 

[Ealdoon]

I believe that the confessional seal is inviolable because the priest who is forgiving people for their sins is acting as Jesus, so really we are telling Jesus our sins. Just like the Eucharist at Church when the priest says "This is My Body, which will be given up for you." He doesn't say, "Jesus said, This is My Body, which will be given up for you."

Remember that if the priest does not feel that the person is not genuinely sorry, he doesn't have to give absolution. So if a murderer or a child sex abuser asks for forgiveness and the priest doesn't feel that they are genuinely sorry and are just abusing the sacrament then the priest can tell the police if he hasn't given absolution. Also if the priest knows what a person is going to say then he can also refuse to give them absolution, but once it is given, he isn't allowed to break the confessional seal. If he does then he will get excommunicated from the Catholic Church.

Please correct me if I am wrong.

 

[Kiraken]

In terms of doc/patient and psych/client confidentiality, they have a legal requirement to break confidentiality if the person exhibits signs of serious danger to self or others, and if they get presented with a warrant, they MUST give over all files etc relating to that person.

This. And I think the same should apply to the "confessional seal"

 

[Arcadian Empire]

i don't understand why doctors are legally obliged to report (btw, docs report on 4 reasons: court request, legal warrant, public benefit and specific legal situations such as child abuse)

but priests are not

break down the institution, report or go to jail for conspiracy + any other crimes (such as child endangerment)

 

[Carrotsticks]

I believe that the confessional seal is inviolable because the priest who is forgiving people for their sins is acting as Jesus, so really we are telling Jesus our sins. Just like the Eucharist at Church when the priest says "This is My Body, which will be given up for you." He doesn't say, "Jesus said, This is My Body, which will be given up for you."

Remember that if the priest does not feel that the person is not genuinely sorry, he doesn't have to give absolution. So if a murderer or a child sex abuser asks for forgiveness and the priest doesn't feel that they are genuinely sorry and are just abusing the sacrament then the priest can tell the police if he hasn't given absolution. Also if the priest knows what a person is going to say then he can also refuse to give them absolution, but once it is given, he isn't allowed to break the confessional seal. If he does then he will get excommunicated from the Catholic Church.

Please correct me if I am wrong.

So you're saying that the priest should have the power to 'consistently determine' if a person should go to the police or not?

We are talking about a judicial system here, and I honestly do not believe that priests around Australia have the ability to perform such an action out of their own discrepancy. Part of the reason why we have laws is for consistency.

I think that religion should step out of the way when it comes to law. In some areas you have something to the effect of 'religious laws', but Australia is not one of those areas.