Sir, – The account in your Editorial (September 1st) of a former priest in Australia having confessed to sexually abusing children is deeply disturbing. His actions are to be thoroughly condemned. As reported, the pastoral advice given to him in confession was also dangerously inadequate.
Even in the context of the anonymity of the confessional, when a person discloses that they have committed sexual abuse, the priest is morally obliged to advise the abuser to turn himself or herself into the civil authorities. This direction should be offered with a view to firmly call on the abuser to cease his abuse and make them face up to the criminal and immoral consequences of their actions.
In the event of a victim disclosing that they have been abused, the priest should always assure him or her that they are not to blame and that they have committed no wrong. Ideally, the priest should encourage the victim, particularly when it is a minor, to identify a person of trust to whom they can disclose their having been abused. The priest should also encourage the victim to report the matter to the civil authorities either themselves, or if a minor, with the person of trust they have identified.
Should the victim indicate that such a course of action is not possible, the priest can suggest to the victim that they talk about the matter outside the context of confession. If the victim chooses to disclose the abuse to the priest outside the seal of confession, such disclosure has now taken place in the external forum. The priest is now free to act outside the seal of confession and is obliged to follow the agreed protocols of mandatory reporting to the State which is church policy in Ireland.
The seal of confession, that is, the absolute secrecy guaranteed to penitents who confess their sins to a priest in confession, is inherent to the sacrament itself. The seal of confession is absolute. It cannot be changed. No Catholic minister, not even the Pope, can absolve himself of this obligation or dilute the comprehensive nature of the seal of confession. This is not just a matter of canon law.
Many States recognise the seal of confession as an essential part of every Catholic’s right to religious freedom and worship. So far, Irish common law (Cook v Carroll 1945; Johnston 1999) affords the seal of confession some legal recognition and protection.
It is the prerogative of the State to introduce legislation and amend laws regarding mandatory reporting of sexual abuse. Such laws are to be welcomed and have been frequently called for by church leadership.
The call for reporting of sexual abuse revealed under the seal of confession to be mandatory, however, will only lead to the impairment of this sacrament for all Catholics and to the criminalising of good and innocent priests. It would provoke an unnecessary conflict between the conscientious desire of the priest to be a good citizen of the State and to uphold his duty before God to protect the absolute confidentially that every penitent has a right to expect of him in confession. In the case of such a conflict a priest would be left with no choice but to protect the seal of confession. – Yours, etc,