What Is Clergy-Penitent Privilege?

The attached information concerns members of the clergy or “spiritual advisors,” and their communication with penitents (religious believers) who confess to clergy the abuse of a child or children.  The penitents then seek counsel and forgiveness for having committed sins by a process of penance.  This religious doctrine generally exempts the clergy member from the obligation to reveal any crime that may have been committed against the child to the police or government protection authorities.  Thus, the abuser may repeat the crime, typically with multiple victims over a long time period. This penitent privilege for clergy or spiritual advisors is used to excuse members of the clergy from their legally mandated obligation to report suspected child abuse, and this exception is still written into many state or national laws.

SCAARS does not seek to abolish the religious “penitent privilege” doctrine, per se, which prohibits members of the clergy from repeating what they were told in private confession.  However, we are seeking to remove the clergy privilege exception to mandatory reporting laws when the secret “SIN” is the abuse of a child. In this case, clergy advisors should be legally placed in the class of mandatory reporters, like teachers and doctors. If we did seek the abolishing of this doctrine of private spiritual counseling, we would be interfering in a person’s right to “confess” sins to a spiritual adviser and seek forgiveness.  This seeking redemption by confession and penance is a God-given mandate in Jewish and Christian sacred texts, and is enshrined in many national constitutions, as well as being a tradition for billions of religious devotees throughout the world.