Irish govm't to make it criminal offense for a priest not to report sex offender confessions

Catholic Herald ^ | June 15, 2012 | WILLIAM ODDIE

[NYer]

For the benefit of non-catholic visitors to this thread

The following is from Catholic Education web site.

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The Seal of the Confessional

FR. WILLIAM SAUNDERS

Can a priest ever tell someone another person’s confession?

The standard of secrecy protecting a confession outweighs any form of professional confidentiality or secrecy. When a person unburdens his soul and confesses his sins to a priest in the Sacrament of Penance, a very sacred trust is formed. The priest must maintain absolute secrecy about anything that a person confesses. For this reason, confessionals were developed with screens to protect the anonymity of the penitent. This secrecy is called "the sacramental seal," "the seal of the confessional," or "the seal of confession."

The sacramental seal is inviolable. Quoting Canon 983.1 of the Code of Canon Law, the Catechism states, "...It is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason" (No. 2490). A priest, therefore, cannot break the seal to save his own life, to protect his good name, to refute a false accusation, to save the life of another, to aid the course of justice (like reporting a crime), or to avert a public calamity. He cannot be compelled by law to disclose a person's confession or be bound by any oath he takes, e.g. as a witness in a court trial. A priest cannot reveal the contents of a confession either directly, by repeating the substance of what has been said, or indirectly, by some sign, suggestion, or action. A Decree from the Holy Office (Nov. 18, 1682) mandated that confessors are forbidden, even where there would be no revelation direct or indirect, to make any use of the knowledge obtained in the confession that would "displease" the penitent or reveal his identity.

(Just as an aside, a great movie which deals with this very topic is Alfred Hitchcock's "I Confess," which deals with a priest who hears a murder confession and then is framed for the murder. As a priest, I was in agony during much of the movie.)

However, a priest may ask the penitent for a release from the sacramental seal to discuss the confession with the person himself or others. For instance, if the penitent wants to discuss the subject matter of a previous confession — a particular sin, fault, temptation, circumstance — in a counseling session or in a conversation with the same priest, that priest will need the permission of the penitent to do so. For instance, especially with the advent of "face-to-face confession," I have had individuals come up to me and say, "Father, remember that problem I spoke to you about in confession?" I have to say, "Please refresh my memory," or "Do you give me permission to discuss this with you now?"

Or if a priest needs guidance from a more experienced confessor to deal with a difficult case of conscience, he first must ask the permission of the penitent to discuss the matter. Even in this case, the priest must keep the identity of the person secret.

What happens if a priest violates the seal of confession? The Catechism (No. 1467) cites the Code of Canon Law (No. 1388.1) in addressing this issue, which states, "A confessor who directly violates the seal of confession incurs an automatic excommunication reserved to the Apostolic See; if he does so only indirectly, he is to be punished in accord with the seriousness of the offense." From the severity of the punishment, we can clearly see how sacred the sacramental seal of confession is in the eyes of the Church.

Actually, the Church's position in this matter has long-standing credibility. The Fourth Lateran Council (1215) produced one of the first comprehensive teachings concerning the Sacrament of Penance. Addressing various problems ranging from abuses to heretical stands against the sacrament, the council defended the sacrament itself, stipulated the need for the yearly sacramental confession of sins and reception of the Holy Eucharist, and imposed disciplinary measures upon priest confessors. The council decreed, "Let the confessor take absolute care not to betray the sinner through word or sign, or in any other way whatsoever. In case he needs expert advice he may seek it without, however, in any way indicating the person. For we decree that he who presumes to reveal a sin which has been manifested to him in the tribunal of penance is not only to be deposed from the priestly office, but also to be consigned to a closed monastery for perpetual penance."

A beautiful story (perhaps embellished with time) which captures the reality of this topic is the life of St. John Nepomucene (1340-93), the vicar general to the Archbishop of Prague. King Wenceslaus IV, described as a vicious, young man who easily succumbed to rage and caprice, was highly suspicious of his wife, the Queen. St. John happened to be the Queen's confessor. Although the king himself was unfaithful, he became increasingly jealous and suspicious of his wife, who was irreproachable in her conduct. Although Wencelaus tortured St. John to force him to reveal the Queen's confessions, he would not. In the end, St. John was thrown into the River Moldau and drowned on March 20, 1393.

Each priest realizes that he is the ordained mediator of a very sacred and precious sacrament. He knows that in the confessional, the penitent speaks not so much to him, but through him to the Lord. Therefore, humbled by his position, the priest knows that whatever is said in confession must remain secret at all costs.

Another interesting side to this question is the obligation of the laity: An interpreter needed for someone to make a confession or anyone who gains knowledge of a confession (such as overhearing someone’s confession) is also obligated to preserve secrecy (Code of Canon Law, No. 983.2). For such a person to violate the secrecy of another person’s confession is a mortal sin and warrants "a just penalty, not excluding excommunication" (No. 1388.2). A person who falsely accuses a priest of breaking the seal of the confession incurs a mortal sin and perhaps other canonical penalties, including excommunication.

Clearly, the Church regards the seal of confession as sacred. Every person — whether priest or laity — must take the obligation to preserve the secrecy of confession absolutely seriously.

[E. Pluribus Unum]

How exactly are they going to enforce this?

Are they going to take the word of the molester that they confessed?

Are they going to wiretap the confessional booth?

Are they going to hold seances to discover when a priest has heard the confession of a molester?

[goseminoles]

Priests should be obligated to report this info. Its criminal not to. If you’re dumb enough to tell someone you buggered a child, you should be in prison..

[taxcontrol]

And if the priest or pastor is required under law to divulge confessions of child abuse, how long before they are required to divulge confessions of infidelity during divorce proceedings. For that matter, how long before they are required to divulge any crime?

Besides, technically, it is only hearsay evidence.

[maryz]

From what I read, the typical child molester doesn’t think he’s doing anything wrong, so why would he confess it? Assuming that he’s even in the habit of going to confession . . .

[Sacajaweau]

The seal of the confessional was a man made rule. And sometimes man has to use common sense. What the hell do you think God gave you a brain for??

Any priest that condones a sex offender via the confessional shouldn't be representing God.

[MarineBrat]

State thinks it’s bigger, badder and better than God. State needs to be destroyed again, as has happened oh so many times throughout the 2000 year history of Christianity. Good riddance state.

[microgood]

Priests should be obligated to report this info. Its criminal not to. If you’re dumb enough to tell someone you buggered a child, you should be in prison..

You want to outlaw Catholic confessionals? You want to outlaw a religious practice that is thousands of years old? Is there anything the current generations are not going to totally destroy?

[goseminoles]

Yes. They should be obligated to report an offense punishable by life in prison. Btw, how many molesters go to church? Not many I guess. To hell with perverts. Confessionals or not..

[E. Pluribus Unum]

Priests should be obligated to report this info.

So, assuming you were made a heretical Pope and made this edict, how many confessions of pedophiles would you expect to occur afterwards? A guy like you who knows everything should be appointed God.

I'm sure that's occurred to you.

[goseminoles]

I agree.. to hell with sex offenders. Im catholic and there is enough scandal going on within the church. I will no way condone church officials “hushing” abuse of children. If you want to admit kissing a chic at a dive bar after a shot of jaeger, go for it.. but not child rape. This is criminal..

[goseminoles]

You are delusional I have the name of the church. Would god like this train of thought? I think not...

[microgood]

To hell with perverts. Confessionals or not..

I agree with this. But that is not what you are saying. You are saying to hell with the Catholic church.

BTW, I am not Catholic but I thought confessionals were anonymous. How does the priest know who is confessing?

[goseminoles]

” You want to outlaw Catholic confessionals? You want to outlaw a religious practice that is thousands of years old? Is there anything the current generations are not going to totally destroy?”

Be accountable... get back from the bible. Do you mean to tell me if someone told you they were sexually assaulted, you wouldn’t react? I was, and never told my mom to this day. I didn’t have an advocate... I feel strongly about this...

[Tax-chick]

They will set up a sting, with a false confession of events that didn’t happen, in order to gin up a political mob.

Socialists don’t actually think there’s anything wrong with intergenerational same-sex intimacy ... they’ve got the UN promoting it as a universal right. However, when the general public no longer has any real moral standards for themselves, the one thing that will still stir up outrage is sex with minors, although they can’t give any reasonable explanation of why a 14-year-old boy and a 16-year-old boy engaging in sodomy is just good clean fun, while it’s unutterably shocking if one participant is 15 and the other is 25.

[goseminoles]

No. Im not saying to hell with the church. Im proud to be catholic. Where do we draw the line for personal safety. I guess im in an occupation where im a mandatory reporter. I guess that’s in my head..

[goseminoles]

BTW,I am not Catholic but I thought confessionals were anonymous. How does the priest know who is confessing?

I guess im not a priest because I would reach through the screen and choke his ass.. just saying..

[microgood]

Be accountable... get back from the bible. Do you mean to tell me if someone told you they were sexually assaulted, you wouldn’t react? I was, and never told my mom to this day. I didn’t have an advocate... I feel strongly about this...

I would report it but I am not a Catholic priest. The bottom line is I believe this is a valuable tradition and I think our generation, the generation that has destroyed marriage, our country, and our future is too stupid to make such an important decision.

You should understand that the people advocating this could care less about sexually assaulted children. They are godless communists that are trying to destroy all religions. Do not let them deceive you.

[Salman]

A criminal conspiracy should be treated as such, even when it’s a religion.