Priests, Penitents, Confidentiality and Child Sexual Abuse

Image source: Wikimedia Commons

In the light of Prime Minister Gillard’s announcement of a Royal Commission into institutional responses to the sexual abuse of children there has been a particular focus on the role of the ‘confessional seal’. The Roman Catholic practice whereby communications made in the confessional are treated as absolutely confidential has been hotly debated, in particular whether this doctrine forms an inappropriate impediment to the appropriate investigation and treatment of cases of abuse.
The issue of evidence of child sexual abuse within the confessional seal arises in three different contexts: mandatory reporting of suspected child abuse, evidence to be given in legal proceedings, and evidence before a Royal Commission.

A Royal Commission into institutional responses to child sexual assault

Image source: Forgotten Australians website

General awareness of the levels and different forms of child abuse and assault has heightened in recent years. In response to growing levels of concern, on 12 November 2012, the Prime Minister, Julia Gillard, announced the Government’s intention to establish a Royal Commission specifically examining ‘institutional responses to instances and allegations of child sexual abuse in Australia’. The terms of reference are yet to be determined, but the recently released consultation paper states that the Royal Commission will be asked to identify what can be done to prevent child abuse in the future, and where it does occur, that organisational responses are just and supportive of survivors. The paper also acknowledges that the inquiry will be complex and lengthy.