Australian inquiry recommends punishment for priests who fail to report abuse heard in confession

An Australian inquiry has stated that priests who fail to report cases of child abuse heard in confession should face criminal charges.

The Royal Commission into Institutional Responses to Child Sexual Abuse has proposed that all states and territories in Australia should introduce a law to punish priests who refuse to break the seal of the confessional.

"The right to practice one's religious beliefs must accommodate civil society's obligation to provide for the safety of all and, in particular, children's safety from sexual abuse," the commission wrote, according to Catholic Herald.

The commission stated that the proposal should apply to the suspicion of child abuse in an institutional context.

"Institutions directed to caring for and providing services for children, including religious institutions, must provide an environment where children are safe from sexual abuse. Reporting information relevant to child sexual abuse to the police is critical to ensuring the safety of children," the commission noted.

The Roman Catholic Church in Australia objected to the proposal but said that outside of the confession, it is "absolutely committed" to reporting all offenses against children to the authorities.

Under canon law, priests are forbidden from breaking the seal of confessional, even under the threat of death. Any priest who breaks the seal will be automatically punished with excommunication.

The prohibition on breaking the seal of confession has been in existence since at least 1215, according to BBC.

The commission stated in its report that it understood the role and importance of confession for the Catholic Church, but said that it had heard of instances where abusers had confessed their activities to the clergy only to re-offend and seek forgiveness again.

Laws on reporting crimes gleaned in religious confession vary across Australia and the rest of the world, with some states considering the information to be privileged, thus exempting it from reporting requirements.

In the U.S. state of Louisiana, the Supreme Court had determined that priests could not be forced to reveal what he heard in the confessional.

However, clergymen are among the people mandated to report suspicions of child abuse in 28 other U.S. states.

In Ireland, the legal requirement to report knowledge of crimes against children does not exempt priests. The Children First Act of 2015 requires certain "mandated persons," which include Catholic priests, to report concerns regarding child abuse to the police, and offers no exemption for the confession.

In the U.K., there is no mandatory reporting law regarding child abuse suspicions. A spokeswoman for the Catholic Church in England and Wales told Christian Today that priests strongly encourage the confessor to report crimes to the authorities, but maintained that the seal of confession is "absolute" that priests would not report the contents of any confession no matter the concern.