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re: Woman sues church for reporting her husband's sex abuse confession to the police
Posted on 1/10/20 at 11:49 am to Rep520
Posted on 1/10/20 at 11:49 am to Rep520
quote:
We shouldn't want the government telling a church what they have to do with confession. That's up to the church.
Maybe you didn't see this...
quote:
Oregon is one of 28 states that considers clergy among professionals mandated by law to report known or suspected instances of child abuse or neglect.
0
Posted on 1/10/20 at 11:50 am to East Coast Band
quote:
the Church of Jesus Christ of Latter-Day Saints
Everyone involved in this story is in the wrong in some way or form.
Posted on 1/10/20 at 11:55 am to Apollyon
quote:
It says in the article that state law is clear that clergy have a mandatory duty to report child abuse and neglect. This is the same as if it was discovered by the pediatrician, for example.
Hence my first post asking if they have a duty to report.
Case closed since she has zero grounds for a lawsuit then.
However some of you (not you Apollyon) need to learn to separate your feelings from rational thought in instances like this when it comes to legal proceedings.
Posted on 1/10/20 at 11:55 am to East Coast Band
she sees the irony in them reporting her husband
Posted on 1/10/20 at 11:58 am to Centinel
quote:
Case closed since she has zero grounds for a lawsuit then.
She has an argument if you read the statute. Without all of the facts, it does appear that this would fall under privileged information.
I'd gladly give up my law license to send a pedo to jail...guess that's one reason why I'm not in criminal work
Posted on 1/10/20 at 11:58 am to jchamil
quote:
Without all of the facts, it does appear that this would fall under privileged information.
Even if they have a duty to report?
Posted on 1/10/20 at 11:59 am to Centinel
Take a hike, bro.
Posted on 1/10/20 at 12:00 pm to Centinel
quote:
Hence my first post asking if they have a duty to report.
Case closed since she has zero grounds for a lawsuit then.
There are exceptions for privileges confessions, he confessed to a church panel of people, wife is claiming that it was privileged confession. Their church sees it differently.
Posted on 1/10/20 at 12:01 pm to jchamil
quote:
it does appear that this would fall under privileged information.
So two questions, what would make the conversation privileged, and if it was, what wins? The privilege or the mandatory reporter statute?
Posted on 1/10/20 at 12:03 pm to Centinel
quote:
Even if they have a duty to report?
Here is what I found from Oregon:
Nothing shall affect the duty to report imposed by the reporting laws, except that a psychiatrist, psychologist, member of clergy, or attorney shall not be required to report such information communicated by a person if such communication is privileged under §§ 40.225 to 40.295.
Church argues it wasn't privileged, woman argues it was.
Posted on 1/10/20 at 12:04 pm to jchamil
quote:
She has an argument if you read the statute. Without all of the facts, it does appear that this would fall under privileged information.
Im not sure about this. Clergy-penitent privilege does not extend to allow the priest to ignore a duty to report if an innocent is in imminent danger of further bodily harm (in this case a child victim).
In the same way: during consultation with a psychiatrist, the patient volunteers info that they are seriously planning to murder their child. The doctor-patient privilege does not protect this divulged danger to the third party. The psychiatrist is mandated by law to report this to police.
I would think the same applies here, but I am not a lawyer.
Posted on 1/10/20 at 12:05 pm to East Coast Band
Drag him...Texas style
Posted on 1/10/20 at 12:06 pm to jchamil
quote:
shall not be required to report such information communicated by a person if such communication is privileged under §§ 40.225 to 40.295.
Church argues it wasn't privileged, woman argues it was.
Ya, I went and read 40.260, which specifically talks about the Clergy. It's pretty cut and dried about privileged communication.
Although I see the angle of the Church being the one who decides what is privileged and what is not.
ETA: Oregon needs to tighten their shite up like several other states have done.
This post was edited on 1/10/20 at 12:07 pm
Posted on 1/10/20 at 12:08 pm to jchamil
quote:
Nothing shall affect the duty to report imposed by the reporting laws, except that a psychiatrist, psychologist, member of clergy, or attorney shall not be required to report such information communicated by a person if such communication is privileged under §§ 40.225 to 40.295.
The thing is, even if clergy isn't required to report, that does not mean they cannot report.
A requirement means they have to. This simply means it isn't mandatory for clergy to report, but doesn't mean the church can't report. So, it winds up in the church's hands, which is totally appropriate for confession.
Posted on 1/10/20 at 12:08 pm to Paul Allen
quote:
Take a hike, bro.
I'm sorry you're unable to carry on a rational conversation on legal proceedings, bro.
Posted on 1/10/20 at 12:09 pm to Apollyon
There was something similar to this in Zachary recently. I don't think the priest was required to testify about the confession. I think the situation there the child (16 year old girl), told the priest that she was in a relationship (or being abused I can't recall exactly) with an older parishioner.
Posted on 1/10/20 at 12:12 pm to East Coast Band
quote:
Church of Jesus Christ of Latter-Day Saints
Posted on 1/10/20 at 12:12 pm to Rep520
quote:
The thing is, even if clergy isn't required to report, that does not mean they cannot report. A requirement means they have to. This simply means it isn't mandatory for clergy to report, but doesn't mean the church can't report. So, it winds up in the church's hands, which is totally appropriate for confession.
Sure, I just don't know the repercussions to someone in the clergy for breaking privilege. I personally wouldn't give a shite about my law license if I were ever in that situation
Posted on 1/10/20 at 12:14 pm to Rep520
quote:
The thing is, even if clergy isn't required to report, that does not mean they cannot report.
A requirement means they have to. This simply means it isn't mandatory for clergy to report, but doesn't mean the church can't report. So, it winds up in the church's hands, which is totally appropriate for confession.
Ya, tend to agree here. Although the counter-argument is that if the man went in to the confessional with the understanding that the communication was privileged, and then the Church reported him, that's breach of trust (or whatever the legal term is). Which I could see being grounds for a civil lawsuit.
Posted on 1/10/20 at 12:26 pm to jchamil
quote:Pretty sure it's excommunication in the catholic faith. Not sure about others.
Sure, I just don't know the repercussions to someone in the clergy for breaking privilege.
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