Thread: The Seal of the Confessional Board: Oblivion / Ship of Fools.


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Posted by Percy B (# 17238) on :
 
Thinking about sacraments and reading the discussion has led me to think about confession.

Nowadays counsellors have to disclose any information they may, albeit inadvertently, receive about terrorism, child abuse...

Does this or should it apply also to confession?
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Percy B:
Nowadays counsellors have to disclose any information they may, albeit inadvertently, receive about terrorism, child abuse...

Depends on what you mean by "counselors". For instance, someone receiving legal counsel will typically expect such communications to be covered by attorney-client privilege.
 
Posted by Og, King of Bashan (# 9562) on :
 
The ethical rules regarding attorney client communications generally provide certain exceptions. You may reveal information to prevent reasonably certain death or bodily harm, and in a few other circumstances.

My favorite hypo, just because it freaks me out, is the situation where the client leads the attorney to the dead body. Should the attorney say something? Does it matter if the client obviously had a reason to kill this person and is not likely to kill again, as opposed to if the client indicates that he will be adding to the collection if he is not caught?
 
Posted by no prophet (# 15560) on :
 
I believe legal counsel have responsibility to report child abuse just like anyone else, with the legal privilege of client-solicitor confidentiality not applying in many jurisdictions. And of course anyone anywhere should have full obligation and responsibility to report such things. Priests, ministers, lawyers, medical people.

In Canada, a priest might need to violate the law to retain knowledge of child abuse and not inform Child Protection or police or both as far as I know. I would tend to want the priest to be more thoughtful than just refusing to disclose because it was said in official confession with the seal of the confessional.

How about penance involving the penitent talking to the police with the priest going along for support? And maybe with a time frame of "let's go right now". Refusal to follow through would necessarily mean no absolution and the conversation necessarily continuing also right now. Someone trained well in pastoral care would never need to have the issues crystallized so starkly that penitent and priest are now arguing, and doing the right thing might involve a fairly lengthy penitential discussion of hours or even days until the correct conclusion is reached by the penitent to report on him or herself with the priest supporting.

I'm not making this up out of whole cloth. I am aware that such things occur in actuality.
 
Posted by leo (# 1458) on :
 
I am sure that we have had this discussion before and that, when we did so, a majority favoured the 'seal' being broken.

In terms of the law, Anglican canon law is part of the law of England and trumps any other laws about disclosure.

[ 24. April 2013, 16:45: Message edited by: leo ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by no prophet:
I believe legal counsel have responsibility to report child abuse just like anyone else, with the legal privilege of client-solicitor confidentiality not applying in many jurisdictions. And of course anyone anywhere should have full obligation and responsibility to report such things. Priests, ministers, lawyers, medical people.

Except that most jurisdictions don't recognize misprision of felony as a criminal offense any more, except in the case of individuals with a specific (usually professional) responsibility to report offenses. So "anyone anywhere" doesn't "have full obligation and responsibility to report such things", at least not in the legally actionable sense of "obligation and responsibility".

Confidentiality and privilege aren't just some quaint custom held over from earlier times. They're maintained for specific professions because society holds that the functioning of those professions are critical to social well-being and that not extending privilege will severely hamper their ability to work. For instance, most Western legal systems hold that the accused (or even those liable to be accused) have both a right to competent legal counsel and a right against self-incrimination. There doesn't seem to be any way accommodate either of these rights if a person's legal counsel is obligated to be an informant against his clients.

Medical privilege exists for similar reasons. The idea that seeing a doctor could lead to the patient being the subject of idle gossip or being reported to law enforcement would discourage many from seeking medical assistance in a timely manner, and society has held that a competently functioning medical system is more important than gossip or giving the police a convenient short-cut.

Bringing it back to the OP, the question then becomes whether privilege between clergy and confessor (confessee?) falls into a similar situation. Not privileging such communications would doubtless be discouraging in the same way lack of privilege would discourage anyone from exercising their right to legal counsel, so it fits in that regard. The only other question is whether confession fulfills a socially valuable function, like allowing citizens to exercise their legal rights or having a functional medical system. I'm not seeing it, but if I were a believer I might have more insight on the matter.
 
Posted by no prophet (# 15560) on :
 
The legal issues must be separated from the issues of a child in danger, and we need to separate out the issue of current risk from past, and also be cognizant that abuse being in the past as said by a person is not necessarily accurate. The social value of lawyers might be another thread [Biased]

General rule of thumb: people don't go off to consult a lawyer, doctor, mental health professional, priest etc to freely disclose, they are doing it from a perception of risk, or someone put them up to it. At least that's the wisdom from those who do therapy with
 
Posted by Magic Wand (# 4227) on :
 
I suppose that if priests were legally obliged to report any confessions of the abuse of children to authorities, then penitents would be unlikely to confess this sin. (And would not therefore be obliged to confess it, canonically, since the form of the sacrament had been tampered with by the state.)

Fortunately, most confessors would gladly follow S. John Nepomucene to his watery death in the Moldau rather than break the seal, so such legislation would be essentially meaningless.
 
Posted by Percy B (# 17238) on :
 
quote:
Originally posted by leo:

In terms of the law, Anglican canon law is part of the law of England and trumps any other laws about disclosure.

I don't understand this, sorry.

What do you mean by trumps other laws?

What does it say about disclosure?

anyone help by unpacking what it means? (And I post as a member of the Church of England!)

[ 24. April 2013, 22:35: Message edited by: Percy B ]
 
Posted by Augustine the Aleut (# 1472) on :
 
quote:
Originally posted by Percy B:
quote:
Originally posted by leo:

In terms of the law, Anglican canon law is part of the law of England and trumps any other laws about disclosure.

I don't understand this, sorry.

What do you mean by trumps other laws?

What does it say about disclosure?

anyone help by unpacking what it means? (And I post as a member of the Church of England!)

I do not think that canon law trumps civil or criminal law. There are lawyers about who can speak to this better than I, it being an English matter, but I would think that a conflict of law gets resolved in appeal. I would not count on canon law to keep me out of cellblock B.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by Percy B:
quote:
Originally posted by leo:

In terms of the law, Anglican canon law is part of the law of England and trumps any other laws about disclosure.

I don't understand this, sorry.

What do you mean by trumps other laws?

What does it say about disclosure?

anyone help by unpacking what it means? (And I post as a member of the Church of England!)

quote:
It is unlawful to require a person to give evidence if the giving of such evidence requires that person to break a law of the land. Because the proviso to Canon 113 of the 1603 Canons is unrepealed, it has equivalent status with the law of the land. So to ask a priest to break the seal is unlawful.


From ‘Protecting All God’s Children’ 3rd edn. C of E policy
 
Posted by Percy B (# 17238) on :
 
But a serial child abuser confesses - think Jimmy Saville - what does priest do? What does the law require?

This then is not about giving evidence, but reporting concern to protect children.
 
Posted by ExclamationMark (# 14715) on :
 
If anyone is party to any evidence that amounts to a disclosure they are bound by law to declare it. Don't worry about ancient laws from 1603, think of the child you are bound to protect. Think too of those who have been affected (and their legal teams) if it becomes clear that you have failed to pass such things on

Which side would God have you come down on, bearing in mind Jesus' words about causing
children to stumble and millstones around necks?

Please don't think either that your bishop, denomination whatever will protect and support you if you don't disclose. they won't - they'll be dumping on you too to keep it all off them.

I would have and have had no compunction in passing such information on to the authorities concerned. When the conversations took a certain turn I indicated that any disclosures that related to offences under the law would have to be referred if in my opinion it was necessary.
 
Posted by Fr Weber (# 13472) on :
 
Depending on the state, in US law there is an assumption of privilege in the confessional. You may not like that, and you may believe it ought to be otherwise, but that's the way it is.

If priests were prepared to report offenders (or suspected offenders) based on what was heard in the confessional, hardly anyone would ever go to confession.

The priest does have the option of withholding absolution conditional on the penitent turning himself in to the authorities, but I have no idea how well this has ever worked, and I'm not sure that lets the priest off the hook as far as keeping the privileged information to himself goes.

Is there some principle in English jurisprudence by which the force of a law decreases as its age increases?

[ 25. April 2013, 23:32: Message edited by: Fr Weber ]
 
Posted by no prophet (# 15560) on :
 
But the very idea of confessional seal and the absolute privilege of it (if it is true) is frankly mostly a completely spurious issue and fails to take into account more than simple minded legalistic ideas. We should expect more problem solving and loving responses.

I think there must be some priests and ministers intelligent enough to work through the terrible things people at risk to harm others such that they do not personally violate the confessionaL, but properly work through with the confessing person such that the risk is handled properly, i.e., safety plans are put in place, children and others at potential risk are protected. Is it too much to ask, that clergy do a little thinking?

I should think that a parent of a child abused after the confessor was forgiven by a simple-minded, rigid "the seal of the confessional is my idol" type of clergy could be sued, if it could be shown that the priest was negligent by not doing as a reasonable person would do: keep the seal of confessional and don't end the confession process until issues are addressed. The church too.

We need to expect better from professional clergy than adherence to antiquated ideas that force principles to compete with the welfare of others. I believe that this is a false dichotomy. Can't you do both?: retain confessional sanctity AND deal responsibly with the risks to living human beings, particularly children.
 
Posted by Fr Weber (# 13472) on :
 
quote:
Originally posted by no prophet:
But the very idea of confessional seal and the absolute privilege of it (if it is true) is frankly mostly a completely spurious issue and fails to take into account more than simple minded legalistic ideas. We should expect more problem solving and loving responses.

I think there must be some priests and ministers intelligent enough to work through the terrible things people at risk to harm others such that they do not personally violate the confessionaL, but properly work through with the confessing person such that the risk is handled properly, i.e., safety plans are put in place, children and others at potential risk are protected. Is it too much to ask, that clergy do a little thinking?


Well, of course. No confessor that I know would allow a child molester to confess his sins, be given penance, and then walk out of the booth absolved without attempting to get him to surrender to an appropriate authority.

But priests don't always have that much control over the situation. As I mention above, you can withhold absolution from the penitent pending evidence of true repentance (such as coming with you to the police station to confess his crimes), but there's no way of compelling him to do so--and that's the sole lever you really possess. Threaten him with going to the cops, and you've just made a lie of the confessional.
 
Posted by Lamb Chopped (# 5528) on :
 
Well, you do your damndest to get the person to turn themselves in, or failing that, to withhold absolution on grounds of impenitence and meanwhile keep after the person. Failing all else there's the option of trying to steer events in a way that causes the issue to surface outside the confessional ("maybe this year just for kicks we should have someone do a professional audit of the church books, what do you think, council?".... oh dear me, what an unexpected result") Though that's getting a bit bendy with privileged knowledge. You do the best you can to keep faith with all your obligations.

We once had the astonishing and frustrating situation of being falsely accused of some very nasty behavior and being totally unable to clear ourselves in an effective way, because to do so would require disclosing information given by our accuser under the seal of confession. Meh, what a nightmare that was. And the individual grinning away knowing he had us in a cleft stick.

Since then we make it clear that if the confesser goes on to abuse the confidentiality of confession himself ( eg by lying publicly about it), that will automatically free us to tell the truth.

[ 26. April 2013, 04:54: Message edited by: Lamb Chopped ]
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by ExclamationMark:
If anyone is party to any evidence that amounts to a disclosure they are bound by law to declare it. Don't worry about ancient laws from 1603, think of the child you are bound to protect. Think too of those who have been affected (and their legal teams) if it becomes clear that you have failed to pass such things on

Which side would God have you come down on, bearing in mind Jesus' words about causing
children to stumble and millstones around necks?

Exactly.

Childen's safety now trumps an adults supposed spiritual state every time.

I fail to see why the 'sanctity' of the confessional comes first.

If there is a conflict between the two there should be no contest.
 
Posted by Leorning Cniht (# 17564) on :
 
A question:

How many of the people who are advocating violating the confessional seal practice individual confession? Conversely, how many of those who are defending the seal do not practice individual confession?
 
Posted by Arethosemyfeet (# 17047) on :
 
quote:
Originally posted by Boogie:
Exactly.

Childen's safety now trumps an adults supposed spiritual state every time.

I fail to see why the 'sanctity' of the confessional comes first.

If there is a conflict between the two there should be no contest.

I suppose my worry would be that, if it becomes widely known that you confession is only as confidential as the Priest may decide in any given situation, it will prevent people from confessing, even people who could have been persuaded, with time, to hand themselves in. So you get a situation where the children are no safer than they were because the Priest never discovers the risk anyway, and the usage of confession is impaired because those who need it most are wary of being completely honest.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Arethosemyfeet:
[QUOTE]So you get a situation where the children are no safer than they were because the Priest never discovers the risk anyway, and the usage of confession is impaired because those who need it most are wary of being completely honest.

I can see the sense (to an extent) or your argument but unfortunately our chums in the RCC have given it all the worst possible example by protecting child molesters and bombers over the years.

If ou're wary about being honest - what have you got to hide?
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Leorning Cniht:
A question:

How many of the people who are advocating violating the confessional seal practice individual confession? Conversely, how many of those who are defending the seal do not practice individual confession?

The whole practice needs to be approached with caution -- confession can be a power thing from either angle.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Fr Weber:
[QUOTE]

1. No confessor that I know would allow a child molester to confess his sins, be given penance, and then walk out of the booth absolved without attempting to get him to surrender to an appropriate authority.

2. Threaten him with going to the cops, and you've just made a lie of the confessional.

1. You may not know one but there are clrearly some who have done just that in the RCC.

2 No you haven't - you may well have saved him (or her) by doing it.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Leorning Cniht:
A question:

How many of the people who are advocating violating the confessional seal practice individual confession? Conversely, how many of those who are defending the seal do not practice individual confession?

I suspect for the first question, none. I suspect all those who are saying that the seal should be ignored either aren't clergy or belong to churches or traditions within them that don't practice confession in that way.

A few thoughts:-
1. Presumably a priest in a church that does practice confession in this way would fear eternal damnation if they broke the seal? Which fear should prevail, fear of God or fear of the state?

2. Even for those that don't have it, if a conscience stricken 16 year old boy confessed to having committed fornication with a 15 year old girl, would you really turn him in to the police or the child protection authorities?

3. If a conscience stricken victim confessed to you a sin which strongly implied they had been molested, obviously you'd encourage them not to feel it was their fault. But if they divulged the name of the molester, or any details that might assist identifying them, would it be breaking the victim's seal to pass that information on? Is the seal general or specific to the confessor? Also, does it require the confessor's agreement? Or do you think you should wade in irrespective of what the victim feels about it?

4. Is child abuse different from all other crimes? If so what makes it so? What would you feel about someone who confessed to money-laundering? Murder? treason? drug dealing? drug using? Or according to Margaret Hodge, tax avoidance?

5. Is each priest or minister entitled to have his or her own personal list of sins that they think in the public interest should not be under seal, and act on it?

6. If you think you should tell the state about some (or even all) crimes, why should you not feel obliged to tell the betrayed spouse if someone confesses to you they are committing adultery?

7. Do many people who commit these sort of really bad sins actually go to confession? Obviously we can't ask them to break the seal, but presumably we have shipmates who do their stint in the box? Do these sort of questions actually arise very often?
 
Posted by Ricardus (# 8757) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by Arethosemyfeet:
[QUOTE]So you get a situation where the children are no safer than they were because the Priest never discovers the risk anyway, and the usage of confession is impaired because those who need it most are wary of being completely honest.

I can see the sense (to an extent) or your argument but unfortunately our chums in the RCC have given it all the worst possible example by protecting child molesters and bombers over the years.
But the RCC wasn't just refusing to break the seal of the confessional - it was refusing to act on allegations and information it had received outside the confessional, and which it had no reason not to disclose.
 
Posted by Magic Wand (# 4227) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by Leorning Cniht:
A question:

How many of the people who are advocating violating the confessional seal practice individual confession? Conversely, how many of those who are defending the seal do not practice individual confession?

I suspect for the first question, none. I suspect all those who are saying that the seal should be ignored either aren't clergy or belong to churches or traditions within them that don't practice confession in that way.

This is the essential point, I think. If your theology doesn't include penance as a sacrament, with the theology that implies, at least in the cases of Roman Catholicism, Orthodoxy, and (to an extent) Anglicanism, then the "sanctity of the confessional" is at best, something that might be generally useful, but can sometimes be put aside for a greater good, or, at worst, a ridiculous idea that serves only to shield people from the appropriate justice of the state.
 
Posted by no prophet (# 15560) on :
 
quote:
Originally posted by Lamb Chopped:
Well, you do your damndest to get the person to turn themselves in, or failing that, to withhold absolution on grounds of impenitence and meanwhile keep after the person.

Thank-you! It is this simple thing that just made me cross and bang my head.

quote:
Lamb Chopped:
Since then we make it clear that if the confesser goes on to abuse the confidentiality of confession himself ( eg by lying publicly about it), that will automatically free us to tell the truth.

I would have thought this was pretty well automatic, at least to the point of making the point that the information as provided by the person is inaccurate. Goodness sakes what an awful spot to be in.
 
Posted by MarsmanTJ (# 8689) on :
 
Our Child Protection Policy in my CofE Church says that before any of our priests hear confession for the first time, they are first required to tell the person in question that while confidentiality is to be expected in most matters, there are things that they may be required by policy and law to report to the appropriate authorities. We say this, not to scare them, but so that they are aware that we do not believe the seal of the confession to be absolute, and that they cannot complain that there was an expectation of absolute confidentiality in making their confession.
 
Posted by Augustine the Aleut (# 1472) on :
 
quote:
Originally posted by Magic Wand:
quote:
Originally posted by Enoch:
quote:
Originally posted by Leorning Cniht:
A question:

How many of the people who are advocating violating the confessional seal practice individual confession? Conversely, how many of those who are defending the seal do not practice individual confession?

I suspect for the first question, none. I suspect all those who are saying that the seal should be ignored either aren't clergy or belong to churches or traditions within them that don't practice confession in that way.

This is the essential point, I think. If your theology doesn't include penance as a sacrament, with the theology that implies, at least in the cases of Roman Catholicism, Orthodoxy, and (to an extent) Anglicanism, then the "sanctity of the confessional" is at best, something that might be generally useful, but can sometimes be put aside for a greater good, or, at worst, a ridiculous idea that serves only to shield people from the appropriate justice of the state.
It might be useful to remind ourselves that, in many places throughout history (and now), that the appropriate justice of the state is not something in which one would wish to be involved. A list of countries is available upon application.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Augustine the Aleut:
It might be useful to remind ourselves that, in many places throughout history (and now), that the appropriate justice of the state is not something in which one would wish to be involved. A list of countries is available upon application.

[Overused]
This is something that should be repeated again, and Again and AGAIN.

Where would our current obsession with money laundering have stood with Jews trying to get their life savings out of Nazi Germany, Ugandan Asians trying to save something of their wrecked businesses from Amin's Uganda, or Syrians trying to escape either side in the Syrian civil war now?

It is good and prudent to have a cautious distrust even of fairly worthy states such as one's own, yet alone foreign ones.

[ 27. April 2013, 06:50: Message edited by: Enoch ]
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Enoch:
Presumably a priest in a church that does practice confession in this way would fear eternal damnation if they broke the seal? Which fear should prevail, fear of God or fear of the state?

Neither.

Care for the children should prevail.
 
Posted by rolyn (# 16840) on :
 
I thought to myself a soundbite -- 'If the law is broken then the seal of the Confession should be broken'.

I thought some more . If I was having a drink with a mate who bragged about doing 120mph on the motorway would I ,the next day , report the matter to the police ?
 
Posted by lily pad (# 11456) on :
 
Perhaps not. But if he had a 3 year old in the back seat at the time, definitely.
 
Posted by Chorister (# 473) on :
 
The three year old could be in someone else's car. Or on the back of a pushbike.
 
Posted by no prophet (# 15560) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by Augustine the Aleut:
It might be useful to remind ourselves that, in many places throughout history (and now), that the appropriate justice of the state is not something in which one would wish to be involved. A list of countries is available upon application.

[Overused]
This is something that should be repeated again, and Again and AGAIN.

Where would our current obsession with money laundering have stood with Jews trying to get their life savings out of Nazi Germany, Ugandan Asians trying to save something of their wrecked businesses from Amin's Uganda, or Syrians trying to escape either side in the Syrian civil war now?

It is good and prudent to have a cautious distrust even of fairly worthy states such as one's own, yet alone foreign ones.

Not complicated. People are worth pushing the boundaries about confidentiality about, things aren't. The government and state issues are a red herring and distraction when considering the individual who's at risk for harming another person directly.
 
Posted by Magic Wand (# 4227) on :
 
quote:
Originally posted by MarsmanTJ:
Our Child Protection Policy in my CofE Church says that before any of our priests hear confession for the first time, they are first required to tell the person in question that while confidentiality is to be expected in most matters, there are things that they may be required by policy and law to report to the appropriate authorities. We say this, not to scare them, but so that they are aware that we do not believe the seal of the confession to be absolute, and that they cannot complain that there was an expectation of absolute confidentiality in making their confession.

Is this a parish policy, a diocesan policy, or a Church of England policy?

Are possible penitents provided with a list of offenses up front? If so, who created the list?
 
Posted by Gramps49 (# 16378) on :
 
Enoch

Just a couple of comments about the examples your gave.

First, should a confessor turn in a 16 year old boy for having fornication with a 15 year old girl?

Some states would not consider this statutory rape because the age of consent is 14, or if it is 16 there is an exception if the partners are only a couple of years apart.

Second, if a victim names his/her molester should you turn the molester in. There is a major problem here. While a victim names the molester it still only amounts to hearsay. You do not have first hand knowledge and probably will not have corroborating evidence. The most you can do is to encourage the victim to go to the authorities with his/her story and offer continuing support for him/her. I would also make a referral to a person that specializes counseling victims of sexual abuse.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Boogie:
quote:
Originally posted by Enoch:
Presumably a priest in a church that does practice confession in this way would fear eternal damnation if they broke the seal? Which fear should prevail, fear of God or fear of the state?

Neither.

Care for the children should prevail.

I'd fear eternal damnation if I didn't break it on such an issue - and I have done so in the past. If that means I spend eternity in a Christless eternity then so be it.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Magic Wand:
[QUOTE]This is the essential point, I think. If your theology doesn't include penance as a sacrament, with the theology that implies, at least in the cases of Roman Catholicism, Orthodoxy, and (to an extent) Anglicanism, then the "sanctity of the confessional" is at best, something that might be generally useful, but can sometimes be put aside for a greater good, or, at worst, a ridiculous idea that serves only to shield people from the appropriate justice of the state.

OK then for your "penance" here - I'm reporting you to the authrotities and your penance is dealing with the consequences of that.

For those who favour and who no doubt practice a "confidential confessional" would it be any different if your children/family/close freinds were involved in what the confessee alleges?
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Gramps49:
Second, if a victim names his/her molester should you turn the molester in. There is a major problem here. While a victim names the molester it still only amounts to hearsay. You do not have first hand knowledge and probably will not have corroborating evidence. The most you can do is to encourage the victim to go to the authorities with his/her story and offer continuing support for him/her. I would also make a referral to a person that specializes counseling victims of sexual abuse.

If you have reasonable cause to believe this is true, then yes in the UK you should report it as a disclosure. The accuracy of it all is for someone else to discover.
 
Posted by anteater (# 11435) on :
 
There are quite a few issue here.FWIW I am not Catholic and have no experience of confession.

First question is whether this is principle based in the sense that irrespective of whether removing the seal leads to fewer offences, or is it only to be justified on pragmatic grounds?

If it is on pragmatic grounds how would this be argued ? There's a lot of facts that I would not even care to guess at, like:

What is the probability that people would still confess knowing they would be reported? Low one would think. Would sucha confession stand up if later denied?

What is the probability of a priest succeeding in getting someone to desist? If this is higher than the first number then the overall effect would be perverse.

I can't see the RCCchanging policy and don't think they should.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Gramps49:
Enoch

Just a couple of comments about the examples your gave.

First, should a confessor turn in a 16 year old boy for having fornication with a 15 year old girl?

Some states would not consider this statutory rape because the age of consent is 14, or if it is 16 there is an exception if the partners are only a couple of years apart.

Second, if a victim names his/her molester should you turn the molester in. There is a major problem here. While a victim names the molester it still only amounts to hearsay. You do not have first hand knowledge and probably will not have corroborating evidence. The most you can do is to encourage the victim to go to the authorities with his/her story and offer continuing support for him/her. I would also make a referral to a person that specializes counseling victims of sexual abuse.

We don't use the term 'statutory rape' over here. I'd regard the term as both inflammatory rhetoric and denigrating the seriousness of real rape. Nevertheless, what prompts the question is not the difference in age limits between one jurisdiction and another. It is that there's a depressing tendency among the unco guid to treat adolescent misconduct as notifiable child abuse with the potential for a 16 year old in these circumstances to find themselves indelibly marked for life on the register as a sex-offender.

My questions were really designed to tease out what people really think about a confessor's duty. Are all sins are equal? If not, why not, and what criteria do you follow? I notice that not many people have answered the questions, and some, nobody has tackled.

On your other point, for once (I don't usually), I agree with Exclamation Mark that if something may be evidence, it is up to those who are supposed to investigate crimes to determine whether the evidence is good or bad.

Exclamation Mark, would your readiness to notify the police only apply to possible sexual offences against children, or would it include other sorts of abuse - e.g. financial abuse of the elderly? Or do you feel you should shop anyone, e.g. a shoplifter, somebody who told you they were intending to riot to celebrate the death of a former Prime Minister, or somebody you thought was fiddling their taxes? And do you tell people what your take is on this before counselling them, or do they only find out afterwards?
 
Posted by Gramps49 (# 16378) on :
 
Enoch

The use of statutory rape may be more American than English, true. I used it only as a form of shorthand. If both partners are two years apart (usually no more)consent to intercouse, it would not be considered child molestation. However there is a limit. If a 14 year old has sex with a 12 year old that would be considered abuse. I would say the base is 14, though I am very sure there are a bunch of 15 year olds and 13 years olds who have done it.

It is one thing to hear the confession of a past act, it is another thing to hear the confession of a future act. My standard is that if I hear that the person is considering future harm to another person, I do have the duty to warn, but I am a trained mental health counselor so I am not necessarily under the seal of confession.

As a pastor, I would say if a molester confesses that he has trouble keeping his hands off children, I would one: tell the person he is not able to commune until he addresses his problem. I would also do what I can to prevent him from being where children will be. The federal government does require reporting of known abuse of children. I guess if I were confronted with this, I would feel compelled to report it. But, understand, as a Lutheran, I am not bound by the Roman Catholic understanding of the Seal, either. Again, the standard is that if there is a potential to harm then yes there is the duty to warn, and in the case of child molesters, there is the potential to harm.

More later, I have to get ready for church.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by Magic Wand:
quote:
Originally posted by MarsmanTJ:
Our Child Protection Policy in my CofE Church says that before any of our priests hear confession for the first time, they are first required to tell the person in question that while confidentiality is to be expected in most matters, there are things that they may be required by policy and law to report to the appropriate authorities. We say this, not to scare them, but so that they are aware that we do not believe the seal of the confession to be absolute, and that they cannot complain that there was an expectation of absolute confidentiality in making their confession.

Is this a parish policy, a diocesan policy, or a Church of England policy?

Are possible penitents provided with a list of offenses up front? If so, who created the list?

It sounds like parish policy. My parish has a similar policy. It reflects the Diocesan model policy but is at adds with C. of E. Guidance

However, the Anglican Church in Australia advises:
quote:
According to Canon 113 of 1603 there is one exception in relation to what is
known as the Seal of the Confessional. The relevant part of that Canon reads
as follows: Provided always, That if any man confess his secret and hidden sins to the Minister, for the unburdening of his conscience, and to receive spiritual consolation and ease of mind from him; we do not any way bind the said Minister by this our Constitution, but do straitly charge and admonish him, that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secrecy, (except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same), under pain of irregularity. In Australian law there is no provision for a person to be executed because of concealing a crime of which
that person has knowledge. Therefore this exception to the Seal of the Confessional is not applicable in Australia. In other words, under the terms of that Canon the Seal is absolute.
The Canon Concerning Confessions 1989

A recent report from Austraila reccommends:
quote:
it is important that people with special training and expertise should handle such matters. It is therefore recommended that the granting of absolution in such cases be reserved to priests holding a special licence or authority from the Bishop. This would mean if a priest
heard a person making confession involving child sexual abuse that priest (if not an authorised priest) would be bound to say to the
penitent, “I am not authorised to pronounce absolution, however I will facilitate an authorised priest to hear your confession for this
purpose”.


 
Posted by leo (# 1458) on :
 
It's worth pointing out, to those who don't do sacramental confession, that the penitent does not confess his/her sins TO a priest.

They confess to God. The priest is a witness who speaks on God's behalf.
 
Posted by Custard (# 5402) on :
 
A few years ago, I was counselling someone suspected by the police of being a paedophile, and found myself attending the same Child Protection day as an Anglo-Catholic bishop. I asked him this question. His answer was roughly (I paraphrase):

quote:
The seal of the confessional still applies, but if that happened I would withhold absolution and require him to tell the police what he had told me before offering even the possibility of God's forgiveness.

 
Posted by Fr Weber (# 13472) on :
 
Custard, that's precisely what my bishop has told us to do in such an event. Of course, if the penitent doesn't think absolution is worth going to jail, then there's very little you can do.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by leo:
It's worth pointing out, to those who don't do sacramental confession, that the penitent does not confess his/her sins TO a priest.

They confess to God. The priest is a witness who speaks on God's behalf.

In that case you are a witness to a disclosed event and still have the same responsibility to report the same. That position absolves you from nothing - in fact, legally I suspect it strengthens the need to report it.

Imagine it's your child/sister/niece that's being implicated .... wouldn't that change things?
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Gramps49:
Enoch

1. My standard is that if I hear that the person is considering future harm to another person, I do have the duty to warn, but I am a trained mental health counselor so I am not necessarily under the seal of confession.

2. As a pastor, I would say if a molester confesses that he has trouble keeping his hands off children, I would one: tell the person he is not able to commune until he addresses his problem.

3. I would also do what I can to prevent him from being where children will be. The federal government does require reporting of known abuse of children. I guess if I were confronted with this, I would feel compelled to report it.

1. That's true for the UK too - the idea of "reasonable suspicion" has to apply. If you don't know what that is, then you either haven't been trained or you shouldn't be in your job.

2. And that will stop him? I don't think that's any deterrant at all. Sounds a bit loike keeping sweets back from a naughty child.

3. Too right - again "reasonable suspicion." If you think (with knowledge of hindsight or training0 that he/she MIGHT do it, then you have a duty of care in the UK to prevent it at all costs.

As Boogies has reminded us earlier - the welfare of the child must be paramount
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Enoch:
[QUOTE] Exclamation Mark, would your readiness to notify the police only apply to possible sexual offences against children, or would it include other sorts of abuse - e.g. financial abuse of the elderly? Or do you feel you should shop anyone, e.g. a shoplifter, somebody who told you they were intending to riot to celebrate the death of a former Prime Minister, or somebody you thought was fiddling their taxes? And do you tell people what your take is on this before counselling them, or do they only find out afterwards?

The decision whether to refer anything depends firstly on whether there's a statutory requirement (abuse e.g). If that doesn't apply then it is a matter of my personal opinion on what should be done with the information - yes I know it's subjective but that's the nature of the thing. Speeding probably not: can't prove it. Taking someone's else speeding points - possibly. Be careful of being an accessory to the fact when you'd be reasonably expected to do something about it.

Whatever anyone says, conversations of this kind are hardly on a peer to peer basis (there's always a power transfer involved when someone effectively comes to you for advice) and you make the decision to suggest a course of action dependant on lots of things.

(For example, to give or withhold absolution is a very strong power position, for example, that it would be good for those who practice it to be aware of. It wouldn't be the first time if giving/withholding absolution were used to the Confessor's own unnatural and/or inappropriate ends ....).

If, at any point in a conversation, I become aware of a matter indication potential disclosure, I stop and clarify what my approach would be with matters that may affect others or reflect illegal actions. If I suspect that the meeting has been arranged with this in mind, I'd clarify confidentiality up front with the same proviso. It hasn't stopped at least one thing being referred to me and it hasn't stopped me referring that to social services.

For those traditions who assume a high view of priesthood, there's an argument that any conversation, in person, with a priest is tantamount to "confession." In such a view, you can hardly switch on or off the idea of a priest being a "witness" to and for God. So I'd be careful what you say to your priest, even when down the pub!
 
Posted by Magic Wand (# 4227) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by Magic Wand:
This is the essential point, I think. If your theology doesn't include penance as a sacrament, with the theology that implies, at least in the cases of Roman Catholicism, Orthodoxy, and (to an extent) Anglicanism, then the "sanctity of the confessional" is at best, something that might be generally useful, but can sometimes be put aside for a greater good, or, at worst, a ridiculous idea that serves only to shield people from the appropriate justice of the state.

OK then for your "penance" here - I'm reporting you to the authrotities and your penance is dealing with the consequences of that.

For those who favour and who no doubt practice a "confidential confessional" would it be any different if your children/family/close freinds were involved in what the confessee alleges?

EM, your first point doesn't reflect what is taught about the Sacrament of Penance by Roman Catholics (nor the Orthodox, nor Anglicans, to the best of my knowledge).

As to the hypothetical, I have several family members who were sexually abused. The one that I have discussed this issue with feels that changing Penance in such a way as to make it unused and unusable is not worth what would be gained, assuming that anything would be, which is a big assumption in their opinion.
 
Posted by Gramps49 (# 16378) on :
 
EM

I would not say that my second point is separate from my third point.

If the person is actively seeking out children, and admits to it, then yes the duty to warn comes into play. If the person recently committed molestation, then the duty to report comes into play. The one is not exclusive of the other.

Since the question was raised I have been doing some research of my denomination's policies. My denomination continued to refer to the Unitarian Universalist Safe Congregation program. The UUA has laid out a very detailed plan on how to deal with sexual abusers. If anyone wants to read it, here is a link:

http://www.uua.org/safe/handbook/index.shtml

The good news in all of this is that if a person actively seeks treatment, there is around a 16% recidivism rate over all.

In most states they use a three tier classification system to determine just how safe someone is likely to be.

Level One is for those who are least likely to reoffend. These people may have had sex with someone under age in the heat of the moment. Generally, it was a one time incident, not likely to recur.

Level Two are those who have had a history of abuse but have responded well to treatment. While not likely to reoffend, certain precautions need to be followed. (I think the guidance would be based on your denomination's policies, and any court ordered stipulations).

Level Three are those who have have multiple offenses and have not responded well to treatment. There are generally court ordered restrictions which must be adhered to and there are strong policies that must be in place too.

While it is possible to minister to Levels I and II within the context of a congregation, I would say Level Three takes on a different form of ministry, if a level III desires to be ministered to.

When it comes to the safety of the congregation, caution is the best policy, though.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
For those traditions who assume a high view of priesthood, there's an argument that any conversation, in person, with a priest is tantamount to "confession." In such a view, you can hardly switch on or off the idea of a priest being a "witness" to and for God. So I'd be careful what you say to your priest, even when down the pub!

No, that is not accurate.

'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

A 'pastoral conversation' in the pub or wherever is different.

The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

[ 29. April 2013, 15:27: Message edited by: leo ]
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by Gramps49:
The good news in all of this is that if a person actively seeks treatment, there is around a 16% recidivism rate over all.

Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it and tradition is mixed anyway. In any case neither the building nor the purple nor the time confer any authority whatsoever - intentionality is the key. If thats what you think you're doing then that's what you are doing.

2. Why then do some people have such a high view of priests that suggest a priest is never not a priest? With this belief, any interaction is by definition a sacramental one.

3. Please provide evidence for this. It's certainly not the case in one mainline uk denomination - any disclosure in any circumstance is deemed to be reportable in the case of abuse. If you don't report it and have grounds to suspect that the person will offend again - and does - then you'll be liable to be sued yourself.

4. I repeat my question from earlier. Would it change for you leo if the person being abused was a member of your family or known to you? Can you sit there and tell me that you'd respect the "confessional" when someone close to you was being harmed or might be harmed?

[ 29. April 2013, 17:57: Message edited by: ExclamationMark ]
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by leo:
[QUOTE]Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

There isn't any proof - at best 16% don't reoffend but that's far from cure, that's control. Paedophiles are like alcoholics - for a life time they are one step away from oblivion.

That's exactly why the confessional doesn't work and can't work in this case. You can apply all the penances and prayers you like, the person efefctively gets carte blanche to go out and do it again - witness the scandals of the RCC. How they can live with themselves I don't know.

If you, on the other hand, withhold absolution, you can't be sure anything will change and you may, in fact, burn all the boats. The person has nothing to lose and goes out to offend again and again and again.

We agonise over confidentiality while precious children's lives are blighted and broken: some will die. Just look at the reports from North wales.

[ 29. April 2013, 18:04: Message edited by: ExclamationMark ]
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Magic Wand:
[QUOTE]

1. EM, your first point doesn't reflect what is taught about the Sacrament of Penance by Roman Catholics (nor the Orthodox, nor Anglicans, to the best of my knowledge).

2. As to the hypothetical, I have several family members who were sexually abused. The one that I have discussed this issue with feels that changing Penance in such a way as to make it unused and unusable is not worth what would be gained, assuming that anything would be, which is a big assumption in their opinion.

1. Well perhaps a change is needed.

2. What would be gained is the posibility that an abusr is brought to court and children aren't subjected to their actions in future. I'd take the risk on behalf of God any day of the week. Why not you?
 
Posted by Fr Weber (# 13472) on :
 
quote:
Originally posted by ExclamationMark:

2. Why then do some people have such a high view of priests that suggest a priest is never not a priest? With this belief, any interaction is by definition a sacramental one.


Oh my God, read a book why don't you?!

It is true that a priest is never not a priest. That doesn't mean that every meal he eats is the Eucharist. The intention to celebrate the sacrament must be there, otherwise every time I washed my hair I'd be re-baptizing myself. Good grief.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Fr Weber:
quote:
Originally posted by ExclamationMark:

2. Why then do some people have such a high view of priests that suggest a priest is never not a priest? With this belief, any interaction is by definition a sacramental one.


Oh my God, read a book why don't you?!

It is true that a priest is never not a priest. That doesn't mean that every meal he eats is the Eucharist. The intention to celebrate the sacrament must be there, otherwise every time I washed my hair I'd be re-baptizing myself. Good grief.

The operative word is "interaction" - do you interact with your hair????
 
Posted by Fr Weber (# 13472) on :
 
No, the operative concept is intention. That is one reason why verbal formulae are important. The penitent must intend to confess sins and the priest must intend to grant absolution. Otherwise, no dice.
 
Posted by Magic Wand (# 4227) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by Magic Wand:

1. EM, your first point doesn't reflect what is taught about the Sacrament of Penance by Roman Catholics (nor the Orthodox, nor Anglicans, to the best of my knowledge).

2. As to the hypothetical, I have several family members who were sexually abused. The one that I have discussed this issue with feels that changing Penance in such a way as to make it unused and unusable is not worth what would be gained, assuming that anything would be, which is a big assumption in their opinion.

1. Well perhaps a change is needed.

2. What would be gained is the posibility that an abusr is brought to court and children aren't subjected to their actions in future. I'd take the risk on behalf of God any day of the week. Why not you?

1. I disagree, and I am not aware of any evidence that supports the assertion that a change is needed.

2. But will that happen? Why is there an expectation that someone will confess child sexual abuse, knowing that the confessor will report them to the secular authorities, who would not already be prepared to surrender to the authorities? So, if the seal is dispensed with, people simply won't confess child sexual abuse unless they are prepared to surrender to the authorities. Hence the set of child sexual abusers who would be apprehended by the authorities over and above the number of those who would be in any event is the null set. What am I missing?
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by ExclamationMark:
...
4. I repeat my question from earlier. Would it change for you Leo if the person being abused was a member of your family or known to you? Can you sit there and tell me that you'd respect the "confessional" when someone close to you was being harmed or might be harmed?

Isn't that another version of the question that the presiding officers used to put at Conscientious Objector Tribunals in the 1914-8 War,
'So what would you do if a German was about to rape/murder your wife or daughter?'

With hindsight and in the calmer light of day, that question is now regarded as improper.
 
Posted by Augustine the Aleut (# 1472) on :
 
I had a cappucino this afternoon with a family lawyer friend (former pilgrim) who has dealt with abuse cases and knows the area well; he tells me that he has heard of a case some years ago where the seal of the confessional was regarded askance by the Crown attorney (a drug trafficking case), but that he knows (and he knows lots!) of no situation where there was any hint of sexual abuse cases connected with the confessional.

He told me that he suspects that folk who indulge in such crimes are not frequently found in the confessional booth. He allows the possibility that some clerical offenders might have done so but, again, he knows of no case.

I'm not sure if that helps with the theoretical discussion going on here. Previous threads on the topic have referred to Canadian law, which does not allow for an absolute right to secrecy. While my clergy friends do not like to discuss, even in the most general terms, their work in the confessional, pretty well every cleric I know would be prepared to do time rather than break the seal.
 
Posted by Lamb Chopped (# 5528) on :
 
quote:
Originally posted by Magic Wand:

So, if the seal is dispensed with, people simply won't confess child sexual abuse unless they are prepared to surrender to the authorities. Hence the set of child sexual abusers who would be apprehended by the authorities over and above the number of those who would be in any event is the null set. What am I missing?

This is actually not true. Never underestimate the stupidity of people who, having been explicitly warned, nevertheless go ahead and do it anyway.

I've seen something similar in action. It's as if the clear and detailed warning you give doesn't penetrate the single brain cell they possess. Even if you make them repeat it back to you verbally.

There's always one idiot. And usually quite a few more.

[ 30. April 2013, 00:49: Message edited by: Lamb Chopped ]
 
Posted by Magic Wand (# 4227) on :
 
quote:
Originally posted by Lamb Chopped:
quote:
Originally posted by Magic Wand:

So, if the seal is dispensed with, people simply won't confess child sexual abuse unless they are prepared to surrender to the authorities. Hence the set of child sexual abusers who would be apprehended by the authorities over and above the number of those who would be in any event is the null set. What am I missing?

This is actually not true. Never underestimate the stupidity of people who, having been explicitly warned, nevertheless go ahead and do it anyway.

I've seen something similar in action. It's as if the clear and detailed warning you give doesn't penetrate the single brain cell they possess. Even if you make them repeat it back to you verbally.

There's always one idiot. And usually quite a few more.

Perhaps this is the case, although I tend to doubt it, or at least that the population would be other than minuscule. Even so, would it be worth destroying the integrity of the Sacrament of Penance because there's a remote chance you'll catch a very stupid person who is also guilty of child sexual abuse? I'd say no, but perhaps there's some nuance that I'm missing.
 
Posted by Lamb Chopped (# 5528) on :
 
Well, I was only trying to point out the stupidity of the human race. I'm actually in favor of keeping the seal (though doing everything possible to prevent the bugger doing further harm, up to and including spiritual arm twisting and threats)

Ever read the stupid criminal news items? Or the Darwin Awards? Nobody ever went broke underestimating the stupidity of the human race.

So the discussion does have a real world impact.
 
Posted by Gramps49 (# 16378) on :
 
Leo, there are various studies that are out there. I was referring to a figure that was reported in the Unitarian Universalist Handbook.

Another, more current study suggests it might even be lower: http://www.corrections.com/news/article/24500-facts-and-fiction-about-sex-offenders

Do note, the study is referring to all sex offenders, not just pedophiles. I think if you are so obsessed with pedophiles, you may be overlooking other sex offenders that are out there.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by ExclamationMark:

2. Why then do some people have such a high view of priests that suggest a priest is never not a priest? With this belief, any interaction is by definition a sacramental one.

My priest is always a priest, but when I have dinner at his house, and he hands me a glass of wine, it's not the blood of Christ.

And sure, confession doesn't have to happen in a little box, but that doesn't make every chat you have with a priest into a sacramental confession.
 
Posted by JeffTL (# 16722) on :
 
I've thought this one over before. Were I a priest – which I am not, nor do I believe I ever would be – I would go to prison or my grave before breaching the seal of the confessional directly or indirectly. The rubric (in the 1979 BCP) that "the secrecy of a confession is morally absolute for the confessor, and must under no circumstances be broken" means just that – in fact, barring an adjustment in a future Prayer Book, its existence creates the morally absolute seal ipso facto by promising it. Nor should the church interfere with the due process of law by coercing self-incrimination, which could if nothing else impair the penitent's ability to negotiate a plea bargain – one could encourage the penitent to submit to criminal penalties, but not require it or expect such to be done without consulting with an attorney. It sounds like many wise clergy have come to a different conclusion on this than I have, but that's my two cents and how I would tackle the situation.

That said, I've actually wrestled with canon law requirements for abuse reporting myself in the past. I reported my wife's parents for psychological abuse of their children – not because of legal requirements for mandatory reporting, but because I was an officer of the Presbyterian Church at the time and was required to do so by any reasonable reading of canon law, which had a higher moral standing in my mind. For better or for worse I made the report well after my last observation of the behavior, and do not know whether it was ever investigated; my wife and my mother did not want me to make this report, and I allowed myself to be tormented for quite a while about whether to do it or not. Naturally a church officer encountering something in private life is quite different from anything involving confession.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it ........ any disclosure in any circumstance is deemed to be reportable in the case of abuse.
John 20:23 Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained.

Matthew 16:19 And I will give unto you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be what has been bound in heaven: and whatsoever you shall loose on earth shall be what has been loosed in heaven.

James 5:16: Therefore, confess your sins to one another and pray for one another, that you may be healed. The prayer of a righteous person has great power as it is working.

quote:
It is in everyone’s interest to recognize the distinction between what is heard in formal confession (however this might take place) which is made for the quieting of conscience and intended to lead to absolution, and disclosures made in pastoral situations. For this reason, it is helpful if confessions are normally heard at advertised times, or by other arrangement, or in some way differentiated from a general pastoral conversation or a meeting for spiritual direction.
'Protecting All God’s Children’ 3rd edn. C of E policy
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it ........ any disclosure in any circumstance is deemed to be reportable in the case of abuse.
John 20:23 Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained.

Matthew 16:19 And I will give unto you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be what has been bound in heaven: and whatsoever you shall loose on earth shall be what has been loosed in heaven.

James 5:16: Therefore, confess your sins to one another and pray for one another, that you may be healed. The prayer of a righteous person has great power as it is working.

quote:
It is in everyone’s interest to recognize the distinction between what is heard in formal confession (however this might take place) which is made for the quieting of conscience and intended to lead to absolution, and disclosures made in pastoral situations. For this reason, it is helpful if confessions are normally heard at advertised times, or by other arrangement, or in some way differentiated from a general pastoral conversation or a meeting for spiritual direction.
'Protecting All God’s Children’ 3rd edn. C of E policy
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it ........ any disclosure in any circumstance is deemed to be reportable in the case of abuse.
John 20:23 Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained.

Matthew 16:19 And I will give unto you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be what has been bound in heaven: and whatsoever you shall loose on earth shall be what has been loosed in heaven.

James 5:16: Therefore, confess your sins to one another and pray for one another, that you may be healed. The prayer of a righteous person has great power as it is working.

quote:
It is in everyone’s interest to recognize the distinction between what is heard in formal confession (however this might take place) which is made for the quieting of conscience and intended to lead to absolution, and disclosures made in pastoral situations. For this reason, it is helpful if confessions are normally heard at advertised times, or by other arrangement, or in some way differentiated from a general pastoral conversation or a meeting for spiritual direction.
'Protecting All God’s Children’ 3rd edn. C of E policy
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it ........ any disclosure in any circumstance is deemed to be reportable in the case of abuse.
John 20:23 Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained.

Matthew 16:19 And I will give unto you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be what has been bound in heaven: and whatsoever you shall loose on earth shall be what has been loosed in heaven.

James 5:16: Therefore, confess your sins to one another and pray for one another, that you may be healed. The prayer of a righteous person has great power as it is working.

quote:
It is in everyone’s interest to recognize the distinction between what is heard in formal confession (however this might take place) which is made for the quieting of conscience and intended to lead to absolution, and disclosures made in pastoral situations. For this reason, it is helpful if confessions are normally heard at advertised times, or by other arrangement, or in some way differentiated from a general pastoral conversation or a meeting for spiritual direction.
'Protecting All God’s Children’ 3rd edn. C of E policy
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

There isn't any proof - at best 16% don't reoffend but that's far from cure, that's control. Paedophiles are like alcoholics - for a life time they are one step away from oblivion.

That's exactly why the confessional doesn't work and can't work in this case. You can apply all the penances and prayers you like, the person efefctively gets carte blanche to go out and do it again - witness the scandals of the RCC. How they can live with themselves I don't know.

If you say that the sacrament doesn't work, you are saying that God is unable to forgive sins. Unless you believe that paedophilia is 'the sin against the Holy Spirit, for which there is no forgiveness, according to Jesus.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

There isn't any proof - at best 16% don't reoffend but that's far from cure, that's control. Paedophiles are like alcoholics - for a life time they are one step away from oblivion.

That's exactly why the confessional doesn't work and can't work in this case. You can apply all the penances and prayers you like, the person efefctively gets carte blanche to go out and do it again - witness the scandals of the RCC. How they can live with themselves I don't know.

If you say that the sacrament doesn't work, you are saying that God is unable to forgive sins. Unless you believe that paedophilia is 'the sin against the Holy Spirit, for which there is no forgiveness, according to Jesus.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

There isn't any proof - at best 16% don't reoffend but that's far from cure, that's control. Paedophiles are like alcoholics - for a life time they are one step away from oblivion.

That's exactly why the confessional doesn't work and can't work in this case. You can apply all the penances and prayers you like, the person efefctively gets carte blanche to go out and do it again - witness the scandals of the RCC. How they can live with themselves I don't know.

If you say that the sacrament doesn't work, you are saying that God is unable to forgive sins. Unless you believe that paedophilia is 'the sin against the Holy Spirit, for which there is no forgiveness, according to Jesus.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by Gramps49:
Leo, there are various studies that are out there. I was referring to a figure that was reported in the Unitarian Universalist Handbook.

Another, more current study suggests it might even be lower: http://www.corrections.com/news/article/24500-facts-and-fiction-about-sex-offenders

Do note, the study is referring to all sex offenders, not just pedophiles. I think if you are so obsessed with pedophiles, you may be overlooking other sex offenders that are out there.

Not 'obsessed' with paedophiles - that is what this thread is about, isn't it?

As for the study, i found it very interesting. If it is true that 'treatment' can work for some, there should be more of it available. It seems that our courts might be pandering to society's demonisation of these offenders rather than considering what is in their, and society's best interest.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by leo:
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

There isn't any proof - at best 16% don't reoffend but that's far from cure, that's control. Paedophiles are like alcoholics - for a life time they are one step away from oblivion.

That's exactly why the confessional doesn't work and can't work in this case. You can apply all the penances and prayers you like, the person efefctively gets carte blanche to go out and do it again - witness the scandals of the RCC. How they can live with themselves I don't know.

If you say that the sacrament doesn't work, you are saying that God is unable to forgive sins. Unless you believe that paedophilia is 'the sin against the Holy Spirit, for which there is no forgiveness, according to Jesus.
Strawman.

Of course God can forgive sins. He doesn't need the confessional to do it.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by leo:
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it ........ any disclosure in any circumstance is deemed to be reportable in the case of abuse.
John 20:23 Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained.

Matthew 16:19 And I will give unto you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be what has been bound in heaven: and whatsoever you shall loose on earth shall be what has been loosed in heaven.

James 5:16: Therefore, confess your sins to one another and pray for one another, that you may be healed. The prayer of a righteous person has great power as it is working.

quote:
It is in everyone’s interest to recognize the distinction between what is heard in formal confession (however this might take place) which is made for the quieting of conscience and intended to lead to absolution, and disclosures made in pastoral situations. For this reason, it is helpful if confessions are normally heard at advertised times, or by other arrangement, or in some way differentiated from a general pastoral conversation or a meeting for spiritual direction.
'Protecting All God’s Children’ 3rd edn. C of E policy

Good bible Leo but no support. Just how much straw have you got there? You just keep building on .....

None of this requires a priestly caste or an operation in a specific times or place. It's actually the responsibility of very believer not the preserve of a few.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by Enoch:
[QUOTE]With hindsight and in the calmer light of day, that question is now regarded as improper.

By whom?
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]Where is the statistical proof for this assertion?

I wish it were true but all the literature currently circulating says that paedophilia is incurable.

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

There isn't any proof - at best 16% don't reoffend but that's far from cure, that's control. Paedophiles are like alcoholics - for a life time they are one step away from oblivion.

That's exactly why the confessional doesn't work and can't work in this case. You can apply all the penances and prayers you like, the person efefctively gets carte blanche to go out and do it again - witness the scandals of the RCC. How they can live with themselves I don't know.

If you say that the sacrament doesn't work, you are saying that God is unable to forgive sins. Unless you believe that paedophilia is 'the sin against the Holy Spirit, for which there is no forgiveness, according to Jesus.
Strawman.

Of course God can forgive sins. He doesn't need the confessional to do it.

So does God forgive paedophiles?

And, if so, would the Church be wrong not to?
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]

1. 'Confession' is a sacrament. it is administered in church and the priest wears a purple stole. It takes place at a time advertised publicly or by appointment - it is not ad hoc.

2. A 'pastoral conversation' in the pub or wherever is different.

3. The Safeguarding guidelines are quite specific - only the confession as sacrament has the seal. Pastoral conversations do not.

1. A sacrament can be administered anywhere - presuming you believe confession to be one, which I don't. There's no biblical warrant for it ........ any disclosure in any circumstance is deemed to be reportable in the case of abuse.
John 20:23 Whose sins you shall forgive, they are forgiven them; and whose sins you shall retain, they are retained.

Matthew 16:19 And I will give unto you the keys of the kingdom of heaven: and whatsoever you shall bind on earth shall be what has been bound in heaven: and whatsoever you shall loose on earth shall be what has been loosed in heaven.

James 5:16: Therefore, confess your sins to one another and pray for one another, that you may be healed. The prayer of a righteous person has great power as it is working.

quote:
It is in everyone’s interest to recognize the distinction between what is heard in formal confession (however this might take place) which is made for the quieting of conscience and intended to lead to absolution, and disclosures made in pastoral situations. For this reason, it is helpful if confessions are normally heard at advertised times, or by other arrangement, or in some way differentiated from a general pastoral conversation or a meeting for spiritual direction.
'Protecting All God’s Children’ 3rd edn. C of E policy

Good bible Leo but no support. Just how much straw have you got there? You just keep building on .....

None of this requires a priestly caste or an operation in a specific times or place. It's actually the responsibility of very believer not the preserve of a few.

That is not how the majority of Christians interpret those texts - especially when Jesus was speaking the apostles, whose successors are bishops and priests.
 
Posted by Forthview (# 12376) on :
 
In principle there should be no difficulty for a priest if a member of his own family should confess sacramentally something to him.In the confessional the priest does not recognise any individual by name,but rather simply a penitent.
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by leo:
[QUOTE]That is not how the majority of Christians interpret those texts - especially when Jesus was speaking the apostles, whose successors are bishops and priests.

Not even all anglicans agree with this. The majority may do but that doesn't make it right - in the RCC it simply serves to enforce control.
 
Posted by Martin PC not & Ship's Biohazard (# 368) on :
 
I VERY broken boy opened up to me outside our God Slot last night, because I told him it was safe to do so.

I didn't realise how true that HAS to be.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ExclamationMark:
quote:
Originally posted by leo:
[QUOTE]That is not how the majority of Christians interpret those texts - especially when Jesus was speaking the apostles, whose successors are bishops and priests.

Not even all anglicans agree with this. The majority may do but that doesn't make it right - in the RCC it simply serves to enforce control.
They may not but the official line as set out in the canons and in Cranmer's rite for the visitation of the sick does.
 
Posted by Percy B (# 17238) on :
 
BUMP - if I may...

Here is a quote from Rupert Bursell, Chancellor of a diocese or two in the C of E, QC, etc etc...

"It must always be borne in mind by the priest that the ecclesiastical law imposes a strict duty upon him not to disclose any matter communicated to him during sacramental confession"

Bursell adds - "this is not a claim to privilege but a legal obligation imposed by the law of the realm on Anglican priests...the law imposes this duty on Anglican priests"

Thoughts? How then does this relate to confessions of abuse? Say nothing, it would seem.
 
Posted by The Man with a Stick (# 12664) on :
 
Chancellor Bursell's 1990 article on this topic in the Ecclesiastical Law Journal is excellent, if you can get your hands on it. A few thoughts:

1.) It may seem odd that it's the 1603 Canon still in force, when the Canons were revised wholesale in 1969. However, the Archbishops freely admitted that this was because they could not be sure that a new Canon in the same terms would not run contrary to the laws of the realm, as they stood at that point. Rather than tackle the thorny issue, they simply left the 1603 Canon unrepealed. I think we call it 'Anglican Fudge'.

2.) I think we're combining at least two questions here. The first is whether a priest should be obliged (Canon Law) to keep the seal of confessional in all circumstances, whatever the consequences. The second is whether the Civil law should recognise and respect this to the extent that a priest is excused from testifying as a witness.

3.) As I understand this, the 1603 Canon has *equal* (no more no less) force as the law of the land than any other legislation. It is thus subject to the usual rules of statutory interpretation. If the Queen-in-Parliament passes a specific statute obliging priests to reveal certain offences revealed to them in confessional, I would argue that law would bind in precedence to the canon (as a matter of civil law at least - breaking the seal may still be a canonical offence).

4.) I don't think there's been a case in the English courts relating to the seal of confessional in 110 years or so. The case law that I've examined is fairly evenly split between priests being forced to testify or excused from testifying.

5.) I'm rather alarmed at hearing about these policies put in place by certain CofE churches effectively saying that the "seal doesn't exist in this parish". I don't really see how that works; one can't circumvent canon law by a local policy document.
 
Posted by Percy B (# 17238) on :
 
Thank you Man with a stick. That is very helpful.

Does the civil law which could supersede canon law require disclosure of certain offences?

Bursell cites a case "re St Edmunds Chapel, Gateshead 1995" in connection with this - do you know what thats about?
 
Posted by The Man with a Stick (# 12664) on :
 
quote:
Originally posted by Percy B:
Thank you Man with a stick. That is very helpful.

Does the civil law which could supersede canon law require disclosure of certain offences?

Bursell cites a case "re St Edmunds Chapel, Gateshead 1995" in connection with this - do you know what thats about?

The British civil system is very reluctant (or has been until recently) to criminalise simply 'knowing about something and not reporting it'.

Section 8 of the Treason Act 1554 was a well-known exception to this, but that was repealed about 65 years ago.

Section 328 of the Proceeds of Crime Act 2002 makes it an offence to he enter into or becomes concerned in an arrangement that you suspect facilitates (by whatever means) the acquisition, retention, use or control of criminal property. I don't really see how that can apply to the confessional.

The only case I know involving St Edmund Gateshead relates to memorial plaques and 16th Century Catholic Martyrs. It is Chancellor Bursell's diocese however, so he's likely to be more familiar than I...
 
Posted by Percy B (# 17238) on :
 
Thank you for your very helpful insights.

Can I just raise it further. So in the case of serious child abuse there is no legal obligation to report it if heard in the confessional?

This seems to me quite an emotive area - but then where does one draw the line if one allows one thing heard in the confessional to be reported, and who is to say what is 'serious' and what isn't...
 
Posted by fletcher christian (# 13919) on :
 
I think it depends on where you live. The state law here in Ireland requires that you report it, regardless of how or where or under what circumstances you were told it. It raises a very difficult situation in regards to the seal of the confessional. In the past the advice has been to make it known that there are certain things that cannot be mentioned in the confessional without legal repercussions and the legal requirement to report, therefore breaking the 'seal'. There are many who are very uncomfortable with this though. Perhaps it might be possible to make the person report it themselves as a condition of penance - unless of course you see the act of confession and absolution as covering the effects of your sin as well as the sin itself, which personally I don't buy.
 
Posted by The Man with a Stick (# 12664) on :
 
quote:
Originally posted by fletcher christian:
I think it depends on where you live.

Indeed.


quote:
The state law here in Ireland requires that you report it, regardless of how or where or under what circumstances you were told it.
Is that law on the statute books now? I remember the brouhaha when there was talk of introducing it.

quote:

It raises a very difficult situation in regards to the seal of the confessional.

Well, yes and no. Catholic Canon law remains clear that the seal is inviolable. Catholic Canon Law expects the priest to take the civil consequences of refusing to break the seal. [I'm using Catholic Canon Law as an example as I don't know the first thing about Canon Law in the Church of Ireland! The same may well apply]

quote:
Perhaps it might be possible to make the person report it themselves as a condition of penance
Good advice, but it doesn't change the priest's duty to report in civil law (if that exists in your jurisdiction) - s/he'll still have heard it. The penitent may decide that absolution is not worth the hassle - or find another priest who will absolve him.
 
Posted by The Man with a Stick (# 12664) on :
 
quote:
Originally posted by Percy B:
Thank you for your very helpful insights.

Can I just raise it further. So in the case of serious child abuse there is no legal obligation to report it if heard in the confessional?

This seems to me quite an emotive area - but then where does one draw the line if one allows one thing heard in the confessional to be reported, and who is to say what is 'serious' and what isn't...

There was a sixteenth/seventeenth century theory that the seal of the confessional does not apply to cases of High Treason, which gained much traction with commentators (though, I hypothesise, incorrectly. As I recall, so does Bursell).

To my knowledge, there's no statute in England mandating the reporting of child abuse discovered in the confessional. Some think that there should be.

If such a law came in, I would advise priests to return to old style confessionals, where they cannot see the penitent. This would make it easier to withstand cross-examination in court without having to choose between excommunication and prison...
 
Posted by ExclamationMark (# 14715) on :
 
quote:
Originally posted by The Man with a Stick:
quote:
Originally posted by Percy B:
Thank you for your very helpful insights.

Can I just raise it further. So in the case of serious child abuse there is no legal obligation to report it if heard in the confessional?

This seems to me quite an emotive area - but then where does one draw the line if one allows one thing heard in the confessional to be reported, and who is to say what is 'serious' and what isn't...

There was a sixteenth/seventeenth century theory that the seal of the confessional does not apply to cases of High Treason, which gained much traction with commentators (though, I hypothesise, incorrectly. As I recall, so does Bursell).

To my knowledge, there's no statute in England mandating the reporting of child abuse discovered in the confessional. Some think that there should be.

If such a law came in, I would advise priests to return to old style confessionals, where they cannot see the penitent. This would make it easier to withstand cross-examination in court without having to choose between excommunication and prison...

There may be no statute but there is a duty of care to do so -- and so possibly prevent more abuse. To disclose is the lsser then of two evils.

I cannot imagine a circumstance where I'd NOT disclose such a thing. I sincerely believe God would be on my side and has been on my side when I've done it.
 
Posted by MarsmanTJ (# 8689) on :
 
quote:
Originally posted by leo:
So does God forgive paedophiles?

And, if so, would the Church be wrong not to?

Yes, and Yes. But equally, God tells us not to put ourselves in situations where we know sin is going to be a problem. That includes making sure that paedophiles attend services which generally have no children present, and having members of the church staff/wardens aware and keeping an eye on their behaviour, and someone who knows the situation should sit with them at all times on church property. Generally, if they are truly repentant and wish to change from their behaviour, this will be accepted. They will tell families who invite them around for meals about their problems and work for change. I genuinely believe in the forgiveness of all sins. I also believe that deliberately allowing yourself to be in a place where you are likely to be far more tempted sin is just plain stupid, particularly when it is one that can scar other people for life.
 
Posted by no prophet (# 15560) on :
 
The seal of confessional was not invented so that we could serve it. It was meant to serve humanity. Just like commandments like "thou shalt not kill" were also meant to serve human beings.

Absolutist versions of "the seal must always be maintained" are troublesome because those who advocate adherence without fail, have failed to notice that the seal can and should be violated by the person confessing their risk to others, and the role of the clergy is to help the person confessing to make the most loving decision. Yuo can have your seal and also have the problems dealt with, like paedophilic risk. I realize we've been through this on this thread before. [brick wall]
 
Posted by CL (# 16145) on :
 
The only people who have an issue with the confessional seal are Protestants who play fast and loose with the sacraments as a matter of course and liberals who despise the Church. Divine law is not something to be followed or not on a whim dependent on ones particular political or social prejudices. It takes monumental arrogance to state that God would side with me against the core teachings of his own Church.
 
Posted by Doublethink (# 1984) on :
 
A little less sectarianism, if you would be so good.

Doublethink
Purgatory Host
 
Posted by South Coast Kevin (# 16130) on :
 
quote:
Originally posted by CL:
The only people who have an issue with the confessional seal are Protestants who play fast and loose with the sacraments as a matter of course and liberals who despise the Church.

Or you could assume good faith and give people dubious about the confessional seal the credit of at least acknowledging that their position is based on genuine thought and prayer, not some knee-jerk opposition to the Catholic Church.

Like no prophet's point above that the confessional seal is meant to serve people, not vice versa. Disagree with that point, fine, but please acknowledge that it's a reasoned, considered position.
quote:
Originally posted by CL:
Divine law is not something to be followed or not on a whim dependent on ones particular political or social prejudices. It takes monumental arrogance to state that God would side with me against the core teachings of his own Church.

But of course those who think the RCC does confession in a way not required by God, don't think they are breaking the 'core teachings of [God's] own Church'. It's a shame that you haven't yet grasped or can't acknowledge that many Christians don't take everything the RCC teaches as Gospel.

To be blunt, I find it rather abhorrent that a Catholic priest could hear a confession of child abuse perpetration (or a threat of the same) and not feel obliged to report this to the authorities. At least in the UK (and it seems in most countries) there's a duty on all people to contact social services or the police if they feel someone is at risk of harm. I know it's a grey area - how much risk, how much harm? - but why should RCC priests be excused from this duty that everyone else is under?
 
Posted by ken (# 2460) on :
 
quote:
Originally posted by leo:

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

No it isn't. Seventy times seven.
 
Posted by CL (# 16145) on :
 
quote:
Originally posted by South Coast Kevin:
quote:
Originally posted by CL:
The only people who have an issue with the confessional seal are Protestants who play fast and loose with the sacraments as a matter of course and liberals who despise the Church.

Or you could assume good faith and give people dubious about the confessional seal the credit of at least acknowledging that their position is based on genuine thought and prayer, not some knee-jerk opposition to the Catholic Church.

Like no prophet's point above that the confessional seal is meant to serve people, not vice versa. Disagree with that point, fine, but please acknowledge that it's a reasoned, considered position.
quote:
Originally posted by CL:
Divine law is not something to be followed or not on a whim dependent on ones particular political or social prejudices. It takes monumental arrogance to state that God would side with me against the core teachings of his own Church.

But of course those who think the RCC does confession in a way not required by God, don't think they are breaking the 'core teachings of [God's] own Church'. It's a shame that you haven't yet grasped or can't acknowledge that many Christians don't take everything the RCC teaches as Gospel.

To be blunt, I find it rather abhorrent that a Catholic priest could hear a confession of child abuse perpetration (or a threat of the same) and not feel obliged to report this to the authorities. At least in the UK (and it seems in most countries) there's a duty on all people to contact social services or the police if they feel someone is at risk of harm. I know it's a grey area - how much risk, how much harm? - but why should RCC priests be excused from this duty that everyone else is under?

Feel free to press the state to persecute us for our beliefs. Semen est sanguis Christianorum.
 
Posted by Gildas (# 525) on :
 
Originally posted by South Coast Kevin:

quote:
To be blunt, I find it rather abhorrent that a Catholic priest could hear a confession of child abuse perpetration (or a threat of the same) and not feel obliged to report this to the authorities. At least in the UK (and it seems in most countries) there's a duty on all people to contact social services or the police if they feel someone is at risk of harm. I know it's a grey area - how much risk, how much harm? - but why should RCC priests be excused from this duty that everyone else is under?
I don't think that the problem was that child molesters were popping into the Confessional and the priests were blithely dishing cheap grace. I think the issue was that the information was made available to the hierarchy through channels and they kept it to themselves rather than sharing it with law enforcement. Unfortunately, the mind set among such persons appears to be 'Society doesn't understand me' rather than 'I need to confess my sins and receive God's forgiveness'.

I think it's pretty instructive, btw, that the argument about getting rid of the seal comes from persons of an anti-clerical persuasion rather than professionals in the child protection business.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by ken:
quote:
Originally posted by leo:

That is why the Church's usual talk of repentance of forgiveness is problematic in this area.

No it isn't. Seventy times seven.
That is why most people find Jesus's teaching to be evil because they see the churches covering upo scandal and allowing perpetrators of abuse to continue.
 
Posted by South Coast Kevin (# 16130) on :
 
quote:
Originally posted by Gildas:
I think it's pretty instructive, btw, that the argument about getting rid of the seal comes from persons of an anti-clerical persuasion rather than professionals in the child protection business.

That's a good point, I think. What is the opinion on this of child protection professionals? That would be an important factor in this discussion, IMO.

On your other point, Gildas, I actually didn't at all have the RCC child abuse scandals in mind when I typed my previous post. After all, it's not as if other churches are all squeaky clean in this regard! I was just focused on the narrow point of how RCC priests deal with (or should deal with) confessions of child abuse, threats of harm etc.
 
Posted by LeRoc (# 3216) on :
 
quote:
ken: No it isn't. Seventy times seven.
I must say that I have some problems with this too.

I hope that victims of sexual abuse will find a way to forgive their perpetrators at some time. But we can't require them to forgive in this way. And the answer to recidivism definitely isn't "you can forgive many times".
 
Posted by no prophet (# 15560) on :
 
quote:
Originally posted by CL:
Feel free to press the state to persecute us for our beliefs. Semen est sanguis Christianorum.

English please. What? Without knowing this phrase, I'm thinking you're saying "semen is the blood of Christianity" and no, I'm going to look it up.
 
Posted by South Coast Kevin (# 16130) on :
 
'The blood of the martyrs is Christianity's seed', I think. CL is drawing a parallel between Christians being executed for their faith and the prospect of Roman Catholic priests being prosecuted for refusing to break the confessional seal.
 
Posted by LeRoc (# 3216) on :
 
quote:
South Coast Kevin: 'The blood of the martyrs is Christianity's seed', I think.
I guess there should have been a martyrum somewhere.
 
Posted by Fr Weber (# 13472) on :
 
It's from Tertullian's Apologeticum, and CL has quoted it exactly correctly.

In English, the passage from which it's taken reads :

quote:
Nor does your cruelty, however exquisite, avail you; it is rather a temptation to us. The oftener we are mown down by you, the more in number we grow; the blood of Christians is seed.

 
Posted by no prophet (# 15560) on :
 
Thank you kind translators and clarifiers.
 
Posted by Gildas (# 525) on :
 
quote:
Originally posted by South Coast Kevin:
quote:
Originally posted by Gildas:
I think it's pretty instructive, btw, that the argument about getting rid of the seal comes from persons of an anti-clerical persuasion rather than professionals in the child protection business.

That's a good point, I think. What is the opinion on this of child protection professionals? That would be an important factor in this discussion, IMO.

On your other point, Gildas, I actually didn't at all have the RCC child abuse scandals in mind when I typed my previous post. After all, it's not as if other churches are all squeaky clean in this regard! I was just focused on the narrow point of how RCC priests deal with (or should deal with) confessions of child abuse, threats of harm etc.

Well, unless you can find a press release from the NSPCC or some such it's currently the dog that isn't barking in the night.

I think that an RCC (or any other) Priest confronted with a confession of child abuse would persuade the abuser that they needed to share this with the police and make absolution conditional upon so doing.

I think this comes down to Sartre's argument about the young man torn between looking after his sick mum or joining the resistance. He pointed out that the only person who could make this decision was the young man. You could say "ask a priest" but some priests are members of the resistance, some are collaborators, some are marking time. If the young man asks a priest whose sermons have been on the subject of our duty of loyalty to our conquerors then he has, in effect, already made his decision. In the same way if you come and make your confession to most priests you already know how they will react and you have already, in effect, made the decision to turn yourself in. The seal is, in this respect, a red herring.

The various failures of churches and secular bodies to respond effectively to child abuse was a failure to take children seriously when they reported allegations of abuse. That's what needs fixing, not driving a horse and carriage between the relationship between a penitent and his (or her) confessor, and through his confessor, to God.
 
Posted by Martin PC not & Ship's Biohazard (# 368) on :
 
No mere human can withhold the absolution God gave from the beginning. 70 x 7 indeed. And don't be stupid. Our responsibility of the penitent who shares their weakness is to protect them from themselves.
 
Posted by Gildas (# 525) on :
 
Which is entailed in getting the offenders to turn themselves in, I would have thought.

I mean, really, what do the "Oh noes, you would protect a kiddie fiddler, you heartless Papist you!" types want us to do? Offer them absolution before dialing 999 the moment they've skipped the premises?
 
Posted by Zach82 (# 3208) on :
 
We probably ought to keep in mind that abusers hardly ever confess their sins in sacramental confession. They do a lot of work to convince themselves that what they are doing is OK, or perhaps an unfortunate imposition from outside themselves. Tragically, it's usually the abused that feel guilty enough to come to confession about what's happened to them.
 
Posted by Indifferently (# 17517) on :
 
Any confessor who discloses anything he has heard puts his soul in jeopardy. It's such a grave offence against God that I would probably count the offending confessor as worse than the paedophile whom he exposed.
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: Any confessor who discloses anything he has heard puts his soul in jeopardy. It's such a grave offence against God that I would probably count the offending confessor as worse than the paedophile whom he exposed.
Suppose for a moment that you were a confessor, and disclosing what you heard would save another child from being abused. What would weigh heavier, the destiny of your soul or the well-being of the child?
 
Posted by Indifferently (# 17517) on :
 
I don't know about the Church of Rome's form of absolution, but in the Church of England the Absolution - found in the Visitation of the Sick in the Prayer Book - is quite clear that true repentance is required. Presumably this would include a resolve to make some reparations for the evil committed. If a paedophile confesses hearty repentance and belief in our Lord Jesus Christ and then refuses to hand himself in, he is probably a liar. God knows the secrets of all hearts.

We are looking at this from a secular perspective. Fact is, EarthLynk justice is nothing compared to God's perfect justice, and the seal of the Confessional is not something like what social workers do, it is directly concerned with the salvation of souls.
 
Posted by South Coast Kevin (# 16130) on :
 
quote:
Originally posted by Indifferently:
Any confessor who discloses anything he has heard puts his soul in jeopardy. It's such a grave offence against God that I would probably count the offending confessor as worse than the paedophile whom he exposed.

Like LeRoc, I think, I am struggling with this, Indifferently. What you've said here sets up the confessional as our master; as something that must be followed even when the outcome (humanly speaking, at least) of not following it would be very good.

Someone made the point upthread IIRC that this is the precise opposite of how we should treat the Sabbath, which is (Jesus said) made for humanity's benefit, not vice versa. So on what basis do you say we should treat the confessional as something absolute that we must follow, however apparently unrighteous the outcome?
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: I don't know about the Church of Rome's form of absolution, but in the Church of England the Absolution - found in the Visitation of the Sick in the Prayer Book - is quite clear that true repentance is required. Presumably this would include a resolve to make some reparations for the evil committed. If a paedophile confesses hearty repentance and belief in our Lord Jesus Christ and then refuses to hand himself in, he is probably a liar.
What should the confessor do in this case?
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently: I don't know about the Church of Rome's form of absolution, but in the Church of England the Absolution - found in the Visitation of the Sick in the Prayer Book - is quite clear that true repentance is required. Presumably this would include a resolve to make some reparations for the evil committed. If a paedophile confesses hearty repentance and belief in our Lord Jesus Christ and then refuses to hand himself in, he is probably a liar.
What should the confessor do in this case?
The Confessor has to act in good faith, because he is representing Jesus. He is to do nothing. He can't even check up to see if the penitent has handed himself in, because of the dangers this poses in jeopardizing the seal.

The Confessor is representing God in his role as the dispenser of eternal perfect justice. In the Confessional he is to make the penitent aware of God's detestation of sin, and is presumably going to advise him to hand himself in. But he is to do no more.

People who want the seal broken are conflating man's flawed justice with God's perfect justice. Priests are not social workers or crime fighters, they are the Embassy of God on Earth.

[ 09. June 2013, 22:18: Message edited by: Indifferently ]
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: The Confessor has to act in good faith, because he is representing Jesus. He is to do nothing. He can't even check up to see if the penitent has handed himself in, because of the dangers this poses in jeopardizing the seal.
But suppose that he finds out anyway, for example by reading the newspaper, that the penitent has abused another child.

Do you still think that the Confessor has done the right thing (by doing nothing)? Another child has been abused, but at least his soul is ok?
 
Posted by Doublethink (# 1984) on :
 
It begs the question as to how the confessor is able to assess repentance - and what constitutes a reasonable penance.

At the very least if someone has raped their daughter, surely the penance would include leaving the family home permanently ?

[ 09. June 2013, 22:30: Message edited by: Doublethink ]
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently: The Confessor has to act in good faith, because he is representing Jesus. He is to do nothing. He can't even check up to see if the penitent has handed himself in, because of the dangers this poses in jeopardizing the seal.
But suppose that he finds out anyway, for example by reading the newspaper, that the penitent has abused another child.

Do you still think that the Confessor has done the right thing (by doing nothing)? Another child has been abused, but at least his soul is ok?

God is not a utilitarian. He is also not a contradictory creature. He is absolutely perfect. He would not set up a law in His Church which we are commanded to keep absolutely inviolate in order to then presumably give us a situation in which the normally preferable option was to break it. You are continuing to look at this problem through man's eyes.

I can assure you, that much greater evil will be unleashed on the world if the Seal is not kept. I say this with absolute confidence, because I hold fast to God's law and commandments, and any reading of the Old Testament will tell you that God doesn't take kindly to man thinking he knows better.
 
Posted by Indifferently (# 17517) on :
 
Allow me to put it in these terms: the more grave and evil the sin, the more inoperative it becomes for the Seal to be maintained. Who is in need of God's grace and forgiveness than such a person? Getting rid of the seal turns the Confessional from a meeting with the Lord into a human counselling session. And councillors don't save souls - that is the exclusive competency of our Lord.
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: I can assure you, that much greater evil will be unleashed on the world if the Seal is not kept.
I guess you would be happy to stay in Omelas.
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by Doublethink:
It begs the question as to how the confessor is able to assess repentance - and what constitutes a reasonable penance.

At the very least if someone has raped their daughter, surely the penance would include leaving the family home permanently ?

Penance is not a punishment, nor is it a means of "paying the debt" caused by our sin. We can do neither, which is why Jesus had to be crucifted to save us from eternal danmation under the Law. Penance is a spiritual exercise intended to bring the penitent closer to the Lord.
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently: I can assure you, that much greater evil will be unleashed on the world if the Seal is not kept.
I guess you would be happy to stay in Omelas.
I'd prefer to stay anywhere than eternal hell, and I can assure you, so would you.
 
Posted by Doublethink (# 1984) on :
 
quote:
Originally posted by Indifferently:
quote:
Originally posted by Doublethink:
It begs the question as to how the confessor is able to assess repentance - and what constitutes a reasonable penance.

At the very least if someone has raped their daughter, surely the penance would include leaving the family home permanently ?

Penance is not a punishment, nor is it a means of "paying the debt" caused by our sin. We can do neither, which is why Jesus had to be crucifted to save us from eternal danmation under the Law. Penance is a spiritual exercise intended to bring the penitent closer to the Lord.
Surely removing himself from temptation would be to his spiritual benefit ?
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: I'd prefer to stay anywhere than eternal hell, and I can assure you, so would you.
Suppose that I had the choice: save a child from abuse and I'd go to Hell, or let him/her be abused and I'd go to Heaven.

I'd choose the first. Unreservedly. And you?
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently: I'd prefer to stay anywhere than eternal hell, and I can assure you, so would you.
Suppose that I had the choice: save a child from abuse and I'd go to Hell, or let him/her be abused and I'd go to Heaven.

I'd choose the first. Unreservedly. And you?

I obviously don't possess your levels of righteousness.

Either that, or your grasp of theology is somewhat lacking. God intends the salvation of all of mankind. His justice is absolutely perfect. There are no tragic martyrs and fallen heroes in his plan of salvation for mankind - it is absurd and laughaele to suggest that you can make yourself a hero by "taking a bullet" and ending up in hell because you defied God's law to "do the right thing". If what you posit is an actual true scenarto, then God is an evil tyrant. Fortunately it is not.

What you are saying is that the Christian can foil God's plan because he knows better. That is called pride.

[ 09. June 2013, 22:57: Message edited by: Indifferently ]
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: If what you posit is an actual true scenarto, then God is an evil tyrant. Fortunately it is not.
It is what you posited, not me. In your example, a confessor has a choice: save his soul, or save a child. My choice would be the latter. I wouldn't do this to become a hero or a martyr, or to foil anyone's plans, I would simply choose it because I couldn't stand to live in Heaven with the idea that I allowed a child to be abused.

Tell me how this god of yours isn't an evil tyrant?
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently: If what you posit is an actual true scenarto, then God is an evil tyrant. Fortunately it is not.
It is what you posited, not me. In your example, a confessor has a choice: save his soul, or save a child.
where did I say that? That's right - I never said that at all.
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently:where did I say that? That's right - I never said that at all.
Here. It's a bit more clear here.
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently:where did I say that? That's right - I never said that at all.
Here. It's a bit more clear here.
You are putting words into my mouth. I deliberately ignored your false dichotomy in order to set you right by other means. You clearly have a further problem with the Confessional which you have neglected to declare, so I think I will just leave it there.
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: You are putting words into my mouth. I deliberately ignored your false dichotomy in order to set you right by other means. You clearly have a further problem with the Confessional which you have neglected to declare, so I think I will just leave it there.
It's difficult to discuss things with someone who squirms and weasles and diverts so much. The question of this thread is: should a priest always keep the secret of the confessional, even in cases of pedophily where other children could be at stake? There's no false dichotomy about that.

The answer you have given to this question is: the Confessor should only care about not breaking the Seal, and for the destiny of his own soul. He shouldn't even inquire about whether the pedophile has turned himself in, or whether he has abused another child.

I call bullshit. Immoral, despicable bullshit. Whether I have another problem with the Confessional is irrelevant, my church doesn't have a Confessional.
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by LeRoc:
quote:
Indifferently: You are putting words into my mouth. I deliberately ignored your false dichotomy in order to set you right by other means. You clearly have a further problem with the Confessional which you have neglected to declare, so I think I will just leave it there.
It's difficult to discuss things with someone who squirms and weasles and diverts so much. The question of this thread is: should a priest always keep the secret of the confessional, even in cases of pedophily where other children could be at stake? There's no false dichotomy about that.

The answer you have given to this question is: the Confessor should only care about not breaking the Seal, and for the destiny of his own soul. He shouldn't even inquire about whether the pedophile has turned himself in, or whether he has abused another child.

I call bullshit. Immoral, despicable bullshit. Whether I have another problem with the Confessional is irrelevant, my church doesn't have a Confessional.

Or priests I bet. You fail to understand that this is a matter of faith. Because I believe in the righteousness of God and his promises through Jesus Christ, I have sufficaent trust that he sealed the Confessional for a good reason. Because you trust in man instead, you come up with a different view.
 
Posted by SvitlanaV2 (# 16967) on :
 
quote:
Originally posted by LeRoc:
In your example, a confessor has a choice: save his soul, or save a child. My choice would be the latter. I wouldn't do this to become a hero or a martyr, or to foil anyone's plans, I would simply choose it because I couldn't stand to live in Heaven with the idea that I allowed a child to be abused.

Tell me how this god of yours isn't an evil tyrant?

If you felt that the church for which you worked served an evil tyrant, the best thing to do would be to leave that church and its theology far behind, long before this situation arose. I assume that you might have to leave anyway once you'd broken the seal of the confessional.

Protestant paedophiles (so to speak) can keep their behaviour between themselves and God, and anyone else who finds out can tell whomever they like, including the police. Nice and straightforward; but I suppose that one advantage of the Catholic system is that since the priest knows what's happening he can pray for both the guilty and innocent parties, for the cessation of the criminal activity and for justice to be served. It would require an absolute belief in the power of prayer. Perhaps Catholic priests have higher expectations of prayer than liberal Protestants. I don't know.

[ 10. June 2013, 00:12: Message edited by: SvitlanaV2 ]
 
Posted by LeRoc (# 3216) on :
 
quote:
Indifferently: You fail to understand that this is a matter of faith. Because I believe in the righteousness of God and his promises through Jesus Christ, I have sufficaent trust that he sealed the Confessional for a good reason.
In the example posed in this thread, we are speaking about a pedophile who confesses to a priest, and who might abuse another child.

Your answer to this is: we should just trust in God, it's a matter of faith. Suppose for a moment that he does abuse another child. Would you explain to this child that it's just 'a matter of faith'? Man, this is twisted.

quote:
Indifferently: Because you trust in man instead, you come up with a different view.
You know nothing about my faith. Just because I would try to do something about a child being abused doesn't mean I trust in man instead of in God.

quote:
SvitlanaV2: but I suppose that one advantage of the Catholic system is that since the priest knows what's happening he can pray for both the guilty and innocent parties, for the cessation of the criminal activity and for justice to be served. It would require an absolute belief in the power of prayer.
I don't deny that their advantages in the Catholic system. I can also see the merit in believing in prayer when it is something that concerns yourself.

For example, if I had a life-threatening disease, I might want to pray —even against all odds— that the disease might go away. In this case the risk is all mine: if the disease doesn't go away, then it's my problem.

It's another thing if another person is on the line though. If I know that another person will probably get harmed, and I choose to pray rather than try to do something, it's another matter. I would at least be guilty of the sin of omission. Worse if this would be in order to save my own soul.
 
Posted by Augustine the Aleut (# 1472) on :
 
I have read this thread carefully and, on the basis of my conversations with police who have worked in this field, I think that Zach82 is right; pedophiles have generally convinced themselves of the rightness of their inclinations. I do not see them confessing their activities as sins to a priest. I wonder to what extent this thread is about a reality, or about a theoretical objection to the seal of the confessional.
 
Posted by LeRoc (# 3216) on :
 
quote:
Augustine the Aleut: I have read this thread carefully and, on the basis of my conversations with police who have worked in this field, I think that Zach82 is right; pedophiles have generally convinced themselves of the rightness of their inclinations. I do not see them confessing their activities as sins to a priest. I wonder to what extent this thread is about a reality, or about a theoretical objection to the seal of the confessional.
Maybe you're right, to be honest I would find it very improbable too that a pedophile would confess to a priest. Still, I think that there are aspects of the Seal that might have some friction with morality. I don't think there are easy answers for this, at least 'the priest should be concerned with the fate of his soul' wouldn't be a sufficient answer to me.
 
Posted by South Coast Kevin (# 16130) on :
 
Indifferently, I'm still reading you as setting up the confessional as our master, not our servant; in direct opposition to what Jesus said about the Sabbath. Jesus drove a cart and horses through the religious authorities' interpretation of what fulfilling the Sabbath meant, saying 'The Sabbath was made for humanity, not humanity for the Sabbath'. But you have iron-clad confidence that the same approach doesn't apply to the confessional...
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by South Coast Kevin:
Indifferently, I'm still reading you as setting up the confessional as our master, not our servant; in direct opposition to what Jesus said about the Sabbath. Jesus drove a cart and horses through the religious authorities' interpretation of what fulfilling the Sabbath meant, saying 'The Sabbath was made for humanity, not humanity for the Sabbath'. But you have iron-clad confidence that the same approach doesn't apply to the confessional...

And yes, the Confessional is made for man. But there are still boundaries which must not be crossed, and since I have said that the more serious the sin, the greater the need for God's forgiveness, the greater the importance of the seal of the Confessional, that should settle it. I once told a priest I wasn't working hard enough in confession, as we were going through things. After Confession was all done, we were chatting, and he stopped me and said that I had better go home and do some work! Strictly, perhaps that was a breach of the seal, but I would not begrudge it, because it wasn't serious. But serious sins are what the seal was made for.

I hope that is a sufficient answer to your question.
 
Posted by Augustine the Aleut (# 1472) on :
 
Given the reluctance of clergy to speak about how they manage the confessional-- certainly in decades of knowing clergy, some very well, none have ever discussed this or responded to enquiries-- we are often left to fiction to see into how it might operate. I recall how, in the Sopranos, it was not the evildoers who were in the confessional, but Tony's wife (played by Edie de Falco), and she was there seeking counsel on how to live with a murderer. I remember how, when I saw this, I felt that this was a likely scenario, as those who extort and kill generally feel justified or, perhaps, too frightened of opening themselves up to the confessional (although I have wondered if Tony's sessions with a psychiatrist showed a fear or a mistrust of the confessional, or perhaps a sentiment that he was more able to negotiate with a less judgemental secular professional).
 
Posted by South Coast Kevin (# 16130) on :
 
quote:
Originally posted by Indifferently:
...yes, the Confessional is made for man. But there are still boundaries which must not be crossed...

This seems contradictory to me. The existence of any 'boundary which must not be crossed' indicates to me that, at some point, the Confessional (should it have capital 'C'? I didn't mean to offend by not capitalising earlier) takes precedence.
quote:
Originally posted by Indifferently:
...since I have said that the more serious the sin, the greater the need for God's forgiveness, the greater the importance of the seal of the Confessional, that should settle it.

I hope I've understood you here - are you saying forgiveness from God can only come when one has confessed to a priest in the Confessional? There must be caveats on this, surely, otherwise the only way of entering eternity with God would be to die pretty much immediately after Confession, right? And - getting back on topic - if a priest breaks the Confessional seal with the best of intentions, believing it to be the right thing to do in the particular circumstances, would you say that priest must repent or else face eternity without God?
 
Posted by SvitlanaV2 (# 16967) on :
 
quote:
Originally posted by LeRoc:
I don't deny that their advantages in the Catholic system. I can also see the merit in believing in prayer when it is something that concerns yourself.

For example, if I had a life-threatening disease, I might want to pray —even against all odds— that the disease might go away. In this case the risk is all mine: if the disease doesn't go away, then it's my problem.

It's another thing if another person is on the line though. If I know that another person will probably get harmed, and I choose to pray rather than try to do something, it's another matter. I would at least be guilty of the sin of omission. Worse if this would be in order to save my own soul.

But some Christians would say that praying IS doing something! The notion that prayer is what you do if you don't or can't do something that really matters, or if you want to take a 'risk', probably explains why most of us in the Western church are so spiritually weak. I include myself in that.

Still, as a Protestant myself, I understand the idea that it's the job of the individual to stand against the church on occasion. That's why we have so many denominations. But the RCC seems to be different in that regard; it doesn't see itself as just a gathering of Christians with a particular doctrine, but as holy in itself. Any Catholic priest who reserved for himself the right to judge the teachings of his church, and therefore the church itself, to be faulty, would presumably be in the wrong profession, and above all in the wrong church.

On the other hand, maybe in practice there are ways and means for a priest to indicate his 'concerns' to a third party without directly violating the seal of the confessional?
 
Posted by LeRoc (# 3216) on :
 
quote:
SvitlanaV2: But some Christians would say that praying IS doing something!
Of course, but sometimes it's not enough. Suppose you see someone crossing the road who doesn't see a truck coming. Yes, it's a good thing to raise a quick prayer that the truck won't hit him, but it's also very important to try to warn him!
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by SvitlanaV2:

On the other hand, maybe in practice there are ways and means for a priest to indicate his 'concerns' to a third party without directly violating the seal of the confessional?

Here's canon 983 of the Roman Catholic Church:

§1 The sacramental seal is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion.

"In any way ... for any reason ... in any fashion" seems pretty clear to me.
 
Posted by SvitlanaV2 (# 16967) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by SvitlanaV2:

On the other hand, maybe in practice there are ways and means for a priest to indicate his 'concerns' to a third party without directly violating the seal of the confessional?

Here's canon 983 of the Roman Catholic Church:

§1 The sacramental seal is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion.

"In any way ... for any reason ... in any fashion" seems pretty clear to me.

Thank you. Could one argue that mentioning 'concerns' isn't a betrayal if one doesn't say what those concerns are about....?

In addition, if someone confesses to a sin only once, but you, the priest, know or suspect that the original sins are still going on afterwards, is it against RCC law to take action regarding the later, unconfessed sins?
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by SvitlanaV2:
Thank you. Could one argue that mentioning 'concerns' isn't a betrayal if one doesn't say what those concerns are about....?

I think "in any way" would include your suggestion here.

quote:

In addition, if someone confesses to a sin only once, but you, the priest, know or suspect that the original sins are still going on afterwards, is it against RCC law to take action regarding the later, unconfessed sins?

I'm not Roman Catholic, not a priest, and not any kind of expert in canon law, but to me the instructions are clear. You can't leak information out of the confessional, so you can't "just decide" to take an evening stroll in order to encounter Joe committing the bank robbery that he confessed to planning.

But if you have independent knowledge of a crime outside the confessional, you can and should report it to the appropriate authorities - but only including information which you have obtained outside confession.

It is also worth, I think, quoting the 2003 Guidelines for the Professional Conduct of the Clergy, which are currently in force in the Church of England, and address this explicitly:

7.2 There can be not disclosure of what is confessed to a priest. [..]

7.3 Where abuse of children of vulnerable adults is admitted in the context of confession, the priest should urge the person to report his or her behaviour to the police or social services, and should also make this a condition of absolution, or withhold absolution until this evidence of repentance has been demonstrated.

7.4 If a penitent's behaviour gravely threatens his or her well-being or that of others, the priest, while advising action on the penitent's part, must still keep the confidence.
 
Posted by Leorning Cniht (# 17564) on :
 
quote:
Originally posted by Leorning Cniht:

7.2 There can be not disclosure of what is confessed to a priest. [..]

Should, of course, be "no" disclosure.
 
Posted by SvitlanaV2 (# 16967) on :
 
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by SvitlanaV2:
Could one argue that mentioning 'concerns' isn't a betrayal if one doesn't say what those concerns are about....?

I think "in any way" would include your suggestion here.
[...]
I'm not Roman Catholic, not a priest, and not any kind of expert in canon law, but to me the instructions are clear. You can't leak information out of the confessional, so you can't "just decide" to take an evening stroll in order to encounter Joe committing the bank robbery that he confessed to planning.

[...]
If you have independent knowledge of a crime outside the confessional, you can and should report it to the appropriate authorities - but only including information which you have obtained outside confession.


Hmmm. These instances and turns of phrase don't sound 100% watertight to me, so we'll have to differ on that. A good lawyer could come in handy.

As others have said, I imagine that very few serious criminals would really spend much time making confession. Can we take it as read that priests who violate the seal of the confessional are also extremely rare?
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by Leorning Cniht:
... It is also worth, I think, quoting the 2003 Guidelines for the Professional Conduct of the Clergy, which are currently in force in the Church of England, and address this explicitly:

7.2 There can be no disclosure of what is confessed to a priest. [..]

7.3 Where abuse of children of vulnerable adults is admitted in the context of confession, the priest should urge the person to report his or her behaviour to the police or social services, and should also make this a condition of absolution, or withhold absolution until this evidence of repentance has been demonstrated.

7.4 If a penitent's behaviour gravely threatens his or her well-being or that of others, the priest, while advising action on the penitent's part, must still keep the confidence.

Thank you. That's pretty clear to me. Checking the original, it even applies after the penitent has died. Are we agreed that, whether one likes it or not, that closes the debate as far as the CofE is concerned?

[ 11. June 2013, 07:14: Message edited by: Enoch ]
 
Posted by South Coast Kevin (# 16130) on :
 
quote:
Originally posted by Enoch:
Checking the original, it even applies after the penitent has died. Are we agreed that, whether one likes it or not, that closes the debate as far as the CofE is concerned?

So C of E priests, as well as RCC priests, are absolutely forbidden from disclosing anything they hear in Confession? Wow.

Taking the point that people are only likely to confess to crimes if they also intend to hand themselves in to the police, I wonder if there have been any cases of priests (C of E, RCC or any other sort) being prosecuted for not passing on information revealed in the Confessional context.
 
Posted by Enoch (# 14322) on :
 
quote:
Originally posted by South Coast Kevin:
... I wonder if there have been any cases of priests (C of E, RCC or any other sort) being prosecuted for not passing on information revealed in the Confessional context.

What offence would they be committing?

It's more likely to arise if they were subpoenaed to give evidence against their will, and declined to answer questions. Would that be contempt of court?

That wouldn't have been an issue until recently, as the answer to 'what did X tell you he/she had done?' would in most contexts have been inadmissible as hearsay.
 
Posted by The Man with a Stick (# 12664) on :
 
quote:
Originally posted by Enoch:
quote:
Originally posted by South Coast Kevin:
... I wonder if there have been any cases of priests (C of E, RCC or any other sort) being prosecuted for not passing on information revealed in the Confessional context.

What offence would they be committing?

It's more likely to arise if they were subpoenaed to give evidence against their will, and declined to answer questions. Would that be contempt of court?

That wouldn't have been an issue until recently, as the answer to 'what did X tell you he/she had done?' would in most contexts have been inadmissible as hearsay.

I'm afraid I'm short of time, but the 1912 Catholic Encyclopedia has a fairly good case history (scroll down to "important cases and decisions". Linky

I'm not aware of a case on point since about 1905.
 
Posted by South Coast Kevin (# 16130) on :
 
TMwaS - thank you for the link; it was interesting. Mind you, I think I'm really arguing on the principle, so my position isn't changed by virtue of there being little case history.
quote:
Originally posted by Enoch:
quote:
Originally posted by South Coast Kevin:
... I wonder if there have been any cases of priests (C of E, RCC or any other sort) being prosecuted for not passing on information revealed in the Confessional context.

What offence would they be committing?
I don't know what any specific potential offences might be called (I'm not a lawyer!) but I mainly had child and vulnerable person safeguarding in mind. Is it not an offence of some sort to suspect or witness abuse but do nothing about it?

And is it called being an 'accessory after the fact' when someone tells you about an actual crime and you don't report it? That phrase is in my head, but it could be from films and therefore quite possibly not accurate...
 
Posted by The Man with a Stick (# 12664) on :
 
quote:
Originally posted by South Coast Kevin:
I don't know what any specific potential offences might be called (I'm not a lawyer!) but I mainly had child and vulnerable person safeguarding in mind. Is it not an offence of some sort to suspect or witness abuse but do nothing about it?

Not currently, no. Requires some degree of aiding, abetting, assisting. Mere passive witnessing or subsequent knowledge is not sufficient, save where courts have held that continued or repeated presence at the scene of a crime was sufficient in itself to be deemed 'encouragement' to the perpetrator.

quote:
Originally posted by South Coast Kevin:

And is it called being an 'accessory after the fact' when someone tells you about an actual crime and you don't report it? That phrase is in my head, but it could be from films and therefore quite possibly not accurate...

Your self-analysis is spot on [Biased]
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by South Coast Kevin:
quote:
Originally posted by Indifferently:
...yes, the Confessional is made for man. But there are still boundaries which must not be crossed...

This seems contradictory to me. The existence of any 'boundary which must not be crossed' indicates to me that, at some point, the Confessional (should it have capital 'C'? I didn't mean to offend by not capitalising earlier) takes precedence.
quote:
Originally posted by Indifferently:
...since I have said that the more serious the sin, the greater the need for God's forgiveness, the greater the importance of the seal of the Confessional, that should settle it.

I hope I've understood you here - are you saying forgiveness from God can only come when one has confessed to a priest in the Confessional? There must be caveats on this, surely, otherwise the only way of entering eternity with God would be to die pretty much immediately after Confession, right? And - getting back on topic - if a priest breaks the Confessional seal with the best of intentions, believing it to be the right thing to do in the particular circumstances, would you say that priest must repent or else face eternity without God?

No. Confession is not compulsory. Man is justified by God's unmediated grace. The Homily on Justification tells us the Church doctrine on this perfectly well. The Confession is however in some mysterious way a means by which God imparts his grace, but I know not how. I would go so far as to say that it was during my first Confession that I underwent a true conversion experience, but that is just me.

The Church of England does not hold to Roman Catholic unscriptural legalism with respect to Confession. I'm not sure how you deduced that from anything I had said.
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by SvitlanaV2:
quote:
Originally posted by Leorning Cniht:
quote:
Originally posted by SvitlanaV2:

On the other hand, maybe in practice there are ways and means for a priest to indicate his 'concerns' to a third party without directly violating the seal of the confessional?

Here's canon 983 of the Roman Catholic Church:

§1 The sacramental seal is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion.

"In any way ... for any reason ... in any fashion" seems pretty clear to me.

Thank you. Could one argue that mentioning 'concerns' isn't a betrayal if one doesn't say what those concerns are about....?

In addition, if someone confesses to a sin only once, but you, the priest, know or suspect that the original sins are still going on afterwards, is it against RCC law to take action regarding the later, unconfessed sins?

No. If someone confessed to being a thief and later put himself forward to be the parish treasurer, it is a sin for the priest to even prejudice his decision based on what he heard in confession.

The secrets of all hearts are open to God. There is no way of getting round the seal of the Confessional.
 
Posted by South Coast Kevin (# 16130) on :
 
Okay, thanks again, The Man with a Stick. I shall consider myself educated!
quote:
Originally posted by Indifferently:
No. Confession is not compulsory. Man is justified by God's unmediated grace. The Homily on Justification tells us the Church doctrine on this perfectly well.

What is the 'Homily on Justification', please? And by 'Church', I presume you mean your church, which is the C of E, yes?
quote:
Originally posted by Indifferently:
The Church of England does not hold to Roman Catholic unscriptural legalism with respect to Confession. I'm not sure how you deduced that from anything I had said.

Sorry, my bad. So, for Anglicans, the point of Confession is that it's helpful for us in terms of enabling us to experience God's grace and releasing us from feelings of guilt. It's not that you believe the formal act of Confession is something all Christians must do or else risk damnation or some other consequence?
 
Posted by SvitlanaV2 (# 16967) on :
 
quote:
Originally posted by Indifferently:
If someone confessed to being a thief and later put himself forward to be the parish treasurer, it is a sin for the priest to even prejudice his decision based on what he heard in confession.

Do priests ever forget what they've heard in the confessional? Do they have to make notes? I was thinking that forgetting would be a good thing, because what you don't remember can't influence you in any way. But forgetting might be a bad thing if you only half-forget, if you think someone's confessed to one sin, but in fact they've confessed to something else. How can you will yourself not to be 'prejudiced' by a confessed sin if you can't quite remember what you heard in the confessional and what you heard, say, on a social visit?
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by SvitlanaV2:
quote:
Originally posted by Indifferently:
If someone confessed to being a thief and later put himself forward to be the parish treasurer, it is a sin for the priest to even prejudice his decision based on what he heard in confession.

Do priests ever forget what they've heard in the confessional? Do they have to make notes? I was thinking that forgetting would be a good thing, because what you don't remember can't influence you in any way. But forgetting might be a bad thing if you only half-forget, if you think someone's confessed to one sin, but in fact they've confessed to something else. How can you will yourself not to be 'prejudiced' by a confessed sin if you can't quite remember what you heard in the confessional and what you heard, say, on a social visit?
Many priests believe that God gives them grace to forget confessions they have heard. To my knowledge there are no instances where the seal has ever been broken.
 
Posted by SvitlanaV2 (# 16967) on :
 
I'm glad you've said that about receiving the grace to forget. It makes the work seem more bearable.
 
Posted by Indifferently (# 17517) on :
 
quote:
Originally posted by South Coast Kevin:
Okay, thanks again, The Man with a Stick. I shall consider myself educated!
quote:
Originally posted by Indifferently:
No. Confession is not compulsory. Man is justified by God's unmediated grace. The Homily on Justification tells us the Church doctrine on this perfectly well.

What is the 'Homily on Justification', please? And by 'Church', I presume you mean your church, which is the C of E, yes?
quote:
Originally posted by Indifferently:
The Church of England does not hold to Roman Catholic unscriptural legalism with respect to Confession. I'm not sure how you deduced that from anything I had said.

Sorry, my bad. So, for Anglicans, the point of Confession is that it's helpful for us in terms of enabling us to experience God's grace and releasing us from feelings of guilt. It's not that you believe the formal act of Confession is something all Christians must do or else risk damnation or some other consequence?

Hi there.

The Homily on Justification can be found here:
http://www.anglicanlibrary.org/homilies/bk1hom03.htm
 
Posted by no prophet (# 15560) on :
 
quote:
Originally posted by Indifferently:
No. If someone confessed to being a thief and later put himself forward to be the parish treasurer, it is a sin for the priest to even prejudice his decision based on what he heard in confession.

The secrets of all hearts are open to God. There is no way of getting round the seal of the Confessional.

It is simply plain idiocy for a priest not to discuss with the person who wants to be treasurer about their application and how the priest is not in support of it. This can all take place within the confessional. It has nothing whatsoever to do with violating the confessional. It has to do with good, decent and proper priest behaviour. Untrained priests or those not fitted to be might not be with it enough to understand their extended responsibility.
 
Posted by Barnabas62 (# 9110) on :
 
South Coast Kevin

To save you following it up, that Homily is the third in the first Book of Homilies. Most of those are believed to have been written by Cranmer. Book 1 was first published in 1547.

[ 12. June 2013, 07:09: Message edited by: Barnabas62 ]
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by no prophet:
quote:
Originally posted by Indifferently:
No. If someone confessed to being a thief and later put himself forward to be the parish treasurer, it is a sin for the priest to even prejudice his decision based on what he heard in confession.

The secrets of all hearts are open to God. There is no way of getting round the seal of the Confessional.

It is simply plain idiocy for a priest not to discuss with the person who wants to be treasurer about their application and how the priest is not in support of it. This can all take place within the confessional. It has nothing whatsoever to do with violating the confessional. It has to do with good, decent and proper priest behaviour. Untrained priests or those not fitted to be might not be with it enough to understand their extended responsibility.
That is true, but it also brings into the picture the prior understanding of the person making the confession. The Confessional may be misused by that person. One reason may be to establish some form of mind control over the priest, an idea well explored in Jimmy McGovern's "Priest".

It is well known that "he who hath a secret to keep must keep it secret that he hath a secret". But he cannot in fact keep it a secret to himself. Nor should he try. We cannot will ourselves to forget.

But as anyone who has ever had to keep confidences knows, discretion is a mental discipline, sometimes requiring us to pretend effectively to be ignorant. The line between effective discretion and outright lying can be a very thin one.
 
Posted by South Coast Kevin (# 16130) on :
 
quote:
Originally posted by Indifferently:
The Homily on Justification can be found here:
http://www.anglicanlibrary.org/homilies/bk1hom03.htm

Thanks Indifferently and Barnabas62. By the way you mentioned it, I was thinking the Homily on Justification is some kind of almost scriptural text, perhaps part of the Apocrypha that I wasn't aware of. I wonder if you've assumed rather more knowledge than is really the case! (Certainly you did with me.)
 
Posted by Indifferently (# 17517) on :
 
One further point:

As to the question of whether the penitent thief should be prejudiced against, Christian principles would insist that he not be. Since the priest was satisfred that the penitent was of sufficient level of contrition to receive Absolution, and then absolved him, the sin must not only be forgiven but also forgotten. If you absolve someone only to hold his sin against him at a later date, he hasn't really been forgiven his sin at all. The priest is officiating in the Lord's stead, and Jesus's forgiveness is perfect.

"Remember not, Lord, our offences, nor the offences of our forefathers, neither take thou vengeance of our sins."

Ever wronged someone, and had them bring up a past wrong they said they had forgiven at the time? It's a very nasty thing for that person to do, and shows you that he or she never really forgave you at all. God is not like that.
 
Posted by seasick (# 48) on :
 
Is there not also though an imperative to avoid the near occasions of sin? Surely if the penitent is someone who is more susceptible than others to being tempted by sums of money then the priest is wise to advise him/her that the job of parish treasurer is not the best place for him/her. That's not prejudice so much as helping him/her to "go and sin no more."
 


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