Lawmaker wants priests to report abuse learned from confession in WA

A legislator is fighting to change state and religious laws in an effort to protect kids from sex abuse.

Senator Noel Frame’s proposal, Senate Bill 5375, would require priests and other clergy to report child abuse and neglect.

What they're saying:

"I myself, a survivor of sexual abuse. I was abused from the ages of five to ten. And only when I told my fifth-grade teacher that I was being abused did it stop," said Frame. 

Frame has been fighting to include clergy within the state’s mandated reporters of abuse for years. This is the first time though that she is pushing the law forward without any restrictions.

"At a personal human level, couldn’t stomach the idea of having an exemption any longer, and I think we need to go straight to all clergy should report child abuse and neglect, no matter what context in which they learn that information, because it’s about protecting children," said Frame.

If clergy members fall under any of the listed mandatory reporters already in state law, like teachers, they are already required to follow the state’s law.

The controversy about this proposal comes from Frame’s decision this year to include confessions within the language of her bill.

"The Rite of Penance, as the term rite indicates, is a liturgy. It’s an act of worship. It’s prayer for us. The Seal of Confession is essential to the rite because the penitent has the right to confess their sins without worrying their sins will become public. The penalty for breaking that seal is Excommunication," said Auxiliary Bishop Frank Schuster from the Archdiocese of Seattle.

Schuster said he supports the effort to make clergy mandated reporters but said including confession in the language of the law, is a violation of their freedom of religion.

"This is a sacrament that comes from Christ, you see. This is coming from the Lord, this sacrament and so, it’s impossible for a priest to comply this bill in this one instance," said Schuster.

Frame tells FOX 13 Seattle, just like laws, the church can change as well.

"If religious communities don’t want to put members of their clergy into an impossible situation, then they can change their doctrine and their rules," she said.

Related

WA AG's office investigates Catholic Church's handling of child sex abuse allegations

Washington Attorney General Bob Ferguson has initiated legal action against the Seattle Archdiocese for failing to comply with an investigation into the potential use of charitable funds to cover up clergy child sex abuse allegations.

FOX 13 Seattle reached out to the Washington State Catholic Conference regarding the debate. They responded with this statement:

"The Washington State Catholic Conference, representing the five Catholic bishops are supportive of making sure clergy report reasonable suspicions of abuse. However, we do ask that the state respect our right to practice our religion and make an exemption for information received in the Sacrament of Confession.

"SB 5375 clearly states that clergy are the only group with a recognized privilege for certain communications who lose that privilege in the reporting context, despite First Amendment protections for the free exercise of religion. The bill continues to protect attorney-client privilege and all other privileges.

"We remain willing to have clergy as mandatory reporters but Catholic priests cannot reveal what is said in the confessional. If they comply with the bill as it is written, the priest will be automatically excommunicated. To demand that a priest choose between compliance with the law or the loss of his lifelong vocation is exactly what the First Amendment is supposed to protect against. It is also unnecessary since our priests are trained to move the conversation out of a confessional setting so they can have a discussion with the person in a context where they are required to report by Church policy.

"The Catholic Church in the United State mandates clergy reporting of suspected abuse, with the limited exception of information received in the confessional. We recognize that most immediate indicators that a child is being abused will manifest outside of the confessional. What is required to ensure children are protected is adults well trained to recognize the indicators. Not waiting until a confession which may not come until years later, if at all.

"Mandating that priests violate their vows and lose their vocation will not result in better outcomes for children. What would help is better training for all mandatory reporters so they recognize the signs of abuse and make the reports sooner. SB 5386 is a step in this direction that will be more impactful and does not require abandoning the First Amendment rights of clergy and people of faith."

The Source: Information in this story is from FOX 13 Seattle reporting, Washington State Legislature and the Washington State Catholic Conference.

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