In Australia, the priest who does not report child abuse learned in confession goes to prison

A new law requires Queensland state priests to break the seal of confession to report child sexual abuse to the police or face three years in prison.

The law was passed by the Queensland Parliament on 8 September. It had the support of both major parties and was opposed by the Catholic Church.

A Queensland prelate, Bishop Tim Harris of Townsville, tweeted a link to a story about the passage of the new law and said: "Catholic priests cannot break the seal of confession."

The new law was a response to recommendations from the Royal Commission Into Child Sexual Abuse, which uncovered and documented the tragic history of abuse in religious and secular organizations, including Catholic schools and orphanages across the country. South Australia, Victoria, Tasmania and the Australian Capital Territory have already enacted similar laws.

A Royal Commission recommendation was that the Australian Catholic Bishops Conference consult with the Holy See and "clarify whether information received by a child during the sacrament of reconciliation who have been sexually abused is covered by the seal of confession" and even if "if a person confesses during the sacrament of reconciliation that he has perpetrated sexual abuse of minors, absolution can and must be denied as long as it is not reported to the civil authorities ”.

But in a note approved by Pope Francis and published by the Vatican in mid-2019, the Apostolic Penitentiary affirmed the absolute secrecy of everything said in confession and invited priests to defend it at all costs, even at the cost of their own lives.

"The priest, in fact, becomes aware of the sins of the penitent 'non ut homo sed ut Deus' - not as a man, but as God - to the point that he simply 'does not know' what was said in the confessional because he did not listen as a man, but precisely in the name of God “, the Vatican document reads.

"The defense of the sacramental seal by a confessor, if necessary, to the point of bloodshed", said the note, "is not only an obligatory act of fidelity to the penitent but is much more: it is a necessary testimony - a martyrdom - to the unique and universal saving power of Christ and his church “.

The Vatican referred to that document in its remarks on the Royal Commission's recommendations. The Australian Catholic Bishops' Conference released the response in early September.

"Even though the priest is required to scrupulously maintain the seal of the confessional, he certainly can, and indeed in some cases should, encourage a victim to seek help outside the confessional or, if appropriate, [encourage the victim to] report a case of abuse to the authorities “, the Vatican affirmed in its observations.

“Regarding absolution, the confessor must establish that the faithful who confess their sins are truly sorry for them” and intend to change. "Since repentance is, in fact, the heart of this sacrament, absolution can only be denied if the confessor concludes that the penitent lacks the necessary contrition," the Vatican said.

Brisbane Archbishop Mark Coleridge, president of the Australian Catholic Bishops' Conference, affirmed the church's commitment to protect children and stop abuse, but said breaking the sectarian seal "would make no difference to the safety of young people."

In a formal presentation to the Queensland Parliament, Coleridge explained that the legislation that removes the seal has made priests "less servants of God than agents of the state," reported The Catholic Leader, a newspaper of the archdiocese of Brisbane. He also said the bill raises "important issues of religious freedom" and is based on "a lack of knowledge of how the sacrament actually works in practice."

However, Police Minister Mark Ryan said the laws will ensure better protection for vulnerable children.

"The requirement and, frankly, the moral obligation to report behavior towards children applies to everyone in this community," he said. "No group or occupation is identified".