Clerical Privilege: Finished in Massachusetts?

by Maximus 8 Replies latest jw friends

  • Maximus
    Maximus

    Panel OK’s bill requiring clergy to report abuse
    By JOHN McELHENNY, The Associated Press

    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 church worker, lawmakers are moving to get rid of a long-held clerical privilege in the name of protecting children.

    On Tuesday, lawmakers gave initial approval 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 of 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 publicly defended his handling of clergy sex abuse allegations for the first time.

    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 advisor 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.

    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.

    http://www.nashuatelegraph.com/Main.asp?SectionID=25&SubSectionID=354&ArticleID=37293

  • nytelecom1
    nytelecom1

    aha......let the kings of the earth begin the great persecution of that harlot

  • GodRules
    GodRules

    AMEN nytelecome1!

    We were right after all! Repent, repent, repent. 1 Pet. 3:9.

  • outnfree
    outnfree

    This is grand news!

    (And who are "we" GodRules? I Peter 3:9 (NWT) "not paying back injury for injury, or reviling for rebiling, but, to the contrary, bestowing a blessing, because YOU were called to this [course[, so that YOU might inherit a blessing" -- application please? I don't get it!)

    D’Avolio said the priest’s role as spiritual advisor 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.

    Seems to me the churches who have such things as a formal confessional could make it clear to their parishoners that they should only divulge criminal activity to clergy when they are IN the
    confessional.

    And clergy who are also licensed social workers or psychologists could apply the same general rules by which lay people in those professions are guided: if the person being treated makes mention of intending to continue to hurt him/herself or any other person, the law requires reporting (in most states).

    When I read quotes like the following

    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.

    I think that the church officials are STILL more interested in protecting the ADULT officials and their time-honored POSITIONS as spiritual advisors than they are in "recognizing the need to protect children."

    Very simple to have the media broadcast everywhere that it is no longer safe for a criminal to say anything incriminating to a priest unless they are both in the confessional inside church. Period. The message WILL get through, loud and clear, and children can thus BE protected.

    The moral imperative in the Catholic Church as in any other so-called Christian church is to remember that child sexual abuse is WRONG and that "Jesus Loves the Little Children".

    Or am I way off base here?

    outnfree

  • MadApostate
    MadApostate

    Max:

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

    This is a long ways from "finishing" off clerical privilege in Massachusetts. This bill is evidently not even as broad as the Texas law which the WTS bumped into a few years ago. Since confidential conversations would not be required to be reported, elders would not have to report such even if disclosed by the victim, much less the abuser.

  • Eusebius Hieronymus
    Eusebius Hieronymus

    Mad One, it's just a title, eh? With a question mark.

  • Eusebius Hieronymus
    Eusebius Hieronymus

    Mad One, it's just a title, eh? With a question mark.

  • MadApostate
    MadApostate

    E.H.:

    Yes, Max's title (including the question mark) throws out for discussion whether CP is finis in MA.

    AND, my response was/is NO!!!

    (What's the problem?)

  • ozziepost
    ozziepost

    Max,
    Thanks for the post. Interesting.

    Cheers,
    Ozzie

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