Doctor CamNC4Me wrote: ↑Wed Apr 27, 2022 6:47 pm
Bishops and other LDS leaders don’t contact local authorities (to what degree I don’t know) when they are made aware of sexual abuse. But it’s not always against the law to fail to report such a crime, the way it might be for a school official or human resources manager.
In Utah, for example, there is an exemption for religious leaders to report abuse or neglect. The law currently reads:
When any individual, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe that a child has been subjected to abuse or neglect, or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect, that individual shall immediately report the alleged abuse or neglect to the nearest peace officer, law enforcement agency, or office of the division.
… the notification requirement described in Subsection (1)(a) does not apply to a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession…
House Bill 90, which would eliminate the exemption for religious leaders, was struck down at the Utah state Capitol in March of 2020.
https://law enforcement.utah.gov/~2020/bills/static/HB0090.html
(Rep. Romero is awesome, by the way) -
https://house.utleg.gov/rep/ROMERAY/
Anyway, what’s even more disturbing, while the Mormon Church
maintains a 24-hour hotline for leadership to report abuse and learn their local laws around contacting authorities, the Cult has been accused of using the hotline to silence victims instead. Why? Forgiveness Cult-ure. Victims are actively encouraged to forgive their abusers, which of course allows them to find new victims. It’s B.S..
- Doc
There is another subsection of the Utah law that applies:
(3) Subject to Subsection (4), the reporting requirement described in Subsection (1) does not apply to:
(a) a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if:
(i) the perpetrator made the confession directly to the member of the clergy; and
(ii) the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession; or
(b) an attorney, or an individual employed by the attorney, if the knowledge or belief of the suspected abuse or neglect of a child arises from the representation of a client, unless the attorney is permitted to reveal the suspected abuse or neglect of the child to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6.
(4)
(a) When a member of the clergy receives information about abuse or neglect from any source other than confession of the perpetrator, the member of the clergy is required to report that information even though the member of the clergy may have also received information about abuse or neglect from the confession of the perpetrator.
(b) Exemption of the reporting requirement for an individual described in Subsection (3) does not exempt the individual from any other efforts required by law to prevent further abuse or neglect by the perpetrator.
The current Utah law is actually a little tougher on LDS bishops than the law in my state. Washington defines certain categories of people as mandatory reporters. Clergy is not one of them. And, the priest-penitent privilege is fully recognized in Washington. A bishop in Utah who receives a confession of child abuse but does nothing to investigate or take steps to protect the child may be in deep weeds anyway. All that's protected is the confession, which is also true in most states.
I've heard claims about the hot line, but I don't think we know what routinely happens when a bishop calls it. K&M represents the church, and so its lawyerly duties are owed to the church. I would expect that the person who answers the hotline informs the bishop of the legal requirements. I would be surprised that lawyers would be talking about forgiveness in place of legal requirements. That would be malpractice. I suspect the forgiveness culture exists by custom and is nourished by bishops, stake presidents, etc. and not the legal counsel.