Melbourne archbishop says he'd rather go to jail than report child abuse heard in confession

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That would also violate the law of the Church.
Correct. It’s seen, rightly, as a back door way to violate the seal. The only thing the priest can licitly withhold absolution for is if it is abundantly clear to him the penitent has no sincere contrition whatsoever, not even imperfect contrition out of fear of Hell, or doesn’t have any intent to stop even at the moment of confession; i.e. the penitent already fully and consciously knows and embraces, even at the very moment while they’re confessing, they will definitely do the sin again, and has no intention of making any sincere effort to resist.

While this totally unrepentant attitude can be one possible reason a criminal wouldn’t turn himself in, there are other reasons that are probably much more likely, especially in our current era when anyone who doesn’t take confession seriously probably wouldn’t even care enough to go in the first place, especially not if it meant what I must assume is the very difficult task of telling the priest about a heinous, abusive crime. It is increasingly true that people with no sincere contrition at all don’t tend to go to confession even when it’s easy and convenient, let alone when it’s not, and I can’t possibly imagine that admitting that crime would be easy enough that a reprobate perpetrator with no contrition would even bother. So in most cases, a criminal’s failure to turn himself in to the authorities does not automatically give the priest licit grounds to withhold absolution, and absolution can never be licitly tied to that condition as an ultimatum. It can be urged and encouraged, but not imposed on pain of withheld absolution.

Given that a priest can only withhold absolution if the priest is certain the penitent has no contrition or intent to refrain, I think it’s worth pointing out that I do realize it’s easy for us to think that someone repeatedly guilty of heinous, abusive crimes couldn’t possibly be sincere when he confesses, but the fact that our own sins are not criminal or abusive doesn’t relieve us of the implications if that is the case: If repeatedly committing a mortal sin, and being too ashamed or afraid to force yourself to basically open a door that lets the whole community know about your sin, means a person doesn’t have contrition and thus fits the (only) criteria where a priest has licit grounds to withhold absolution (and which, I should point out, would invalidate the confession even if the priest didn’t catch it), then that wouldn’t only apply to criminal/abusive sins, since the matter at hand has nothing to do with severity or danger of the sin, but the general question of what does and doesn’t mean someone is sufficiently sincere, regardless of what the sin is. So it would apply to all sins. We would all be in that boat. So if an ongoing struggle and a refusal to (essentially) publicize one’s sins means one lacks sufficient contrition for absolution, I suspect most of the Faithful are in big trouble, spiritually, and that very few have ever made valid confessions.
 
It’s against canon law to violate the seal of the confessional, a priest can be excommunicated. In the United States, this type of communication is privileged according to the federal rules of evidence.
 
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Exactly. The knowledge that my priest will not reveal any sins is what brings me to Confession.
 
Father Greg learns while hearing a confession that a young girl is being sexually abused by her father.
If it is the young girl discussing this in confession, it is a very different scenario to the father confessing he is abusing his daughter.
The former is not a confession, the latter is.

Pope Francis is well aware of all the recommendations of the Royal Commission and has them under consideration. The Australian Bishops also have them under consideration.
We have a Synod in 2020.

The key thing here is if it becomes Australian law that for example, the father confesses to abuse, the priest must report it. If not , the priest faces jail. Then Canon Law must change to protect our Priests.
The Priest cannot break the seal of confession under Canon Law. So if this becomes Australian Law, Canon Law will need to change, elsewise our Priests might end up in jail. There are all sorts of entrapment scenarios.
 
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I think usually if a person is motivated enough to go tell a priest he has committed some sin, he is open to also telling the authorities, perhaps with some encouragement from the priest.
 
There’s a difference between someone who has acted as a pedophile and one planning a mass shooting.
One is plotting evil. Another has already done evil.
 
They should be encouraged to go to the police.
If they are not repentant or do not plan on doing the sin again, I don’t think the absolution is valid, correct me if wrong.

But the seal is of course very real.
 
One harsh reality here was children were abused in the confessional. So we do not have anonymous confession nowadays. There is no hiding in a big confessional and the priest having no idea who walks in or out.

Another harsh reality is it could very well become Australian Law. We already have mandatory reporting
 
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In a properly designed confessional there is no possibility of contact between the priest and penitent.
A reconciliation room does not provide this safeguard but a decently designed standard confessional does.
 
You would think that right? But history tells us where there is a will there is a way. Hence the new confessional, a room with a glass door.
 
Yes, a glass door because the priest and penitent are still in the same room, a reconciliation room. A confessional would avoid this issue.
 
Another harsh reality is it could very well become Australian Law. We already have mandatory reporting
I am not sure this reality is any more harsh. In the US, priests are already mandated reporters. All the law changes is that a priest may suffer the same legal consequences for failing to report as all other mandated reporters.

The priest has a much higher obligation to God to protect the seal of confession.
 
There’s a difference between someone who has acted as a pedophile and one planning a mass shooting.

One is plotting evil. Another has already done evil.
Good point. But I know from professional involvement that it is highly likely a pedophile who is not stopped from offending and receives effective treatment will do so. More likely I would have thought than someone planning a mass shooting to go through with it.
 
But absolution should be denied pedophiles until they report themselves.

That would also violate the law of the Church
This law could be changed because canon law requires a person who has falsely accused a priest of sexual solicitation in the context of confession to ‘right the wrong’ by telling everyone who heard it that it was false. Church law should be amended to protect children.
 
LilyM

I wanted to apologise for the harshness of my earlier comment about making pedophiles safer. I have changed the post. I meant that a lawyer’s role, which I respect, is to help their client and get the best result for them. But I see a difference with priest-penitent contact which is about healing. In the case of pedophilia we know that those who are not in contact with authorities or at least formal programmes of involuntary (if necessary) treatment are very, very, likely to offend again. So it makes sense in my view to apply the same procedure applied by canon law in the case of false sexual accusations against priests to pedophiles.
 
A sinner who is to receive absolution is supposed to be resolved to not sin any more.

Indeed, advice can be to turn oneself in for treatment. I am not sure but I would not be surprised if it constituted a form of penance.
 
Just to be clear this is the canon that protects priests reputation by requiring action outside the confessional. This is my basis for saying it is possible to change law so that pedophiles are required to report themselves (I guess to police or to a competent therapist) before they are absolved. This does not break the seal of the confessional, since the pedophile need not report anything that happened in the confessional. But it makes children safer.

Can. 982 Whoever confesses to have denounced falsely an innocent confessor to ecclesiastical authority concerning the crime of solicitation to sin against the sixth commandment of the Decalogue is not to be absolved unless the person has first formally retracted the false denunciation and is prepared to repair damages if there are any.
 
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This is the outcome of sexual abuse occurring in closed private confessionals Jim.
 
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Yes he does. And the harsh reality is when this becomes law, if it does, Priests are open to being set up, to send them to jail.
 
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