Folia Theologica et Canonica 10. 32/24 (2021)
Ius canonicum
72 GORAN JOVICIC lie personalities3 made headlines. The problem of abuse is even greater in the schools, which, according to the national survey and report made by Charol Shakeshaft, the Hofstra University scholar, “the scope of the problem appears to far exceed the priest abuse scandal in the Roman Catholic Church”4, said Skakeshaft in the report.5 It seems that both civil and Church leaders made huge mistakes and having failed for decades to address the abuse crisis. There are today fortunately signs of a greater awareness and abuse prevention in both settings, but there are still some challenges and open questions between the Church and state legislations. As we will see later in this article, the Church on universal and local6 levels implemented new laws and policies with regard to the prevention of abuse in order that can regain trust and credibility. States also responded to the abuse crisis with their respective commissions by enacting laws and policies with regard to the prevention of child abuse. Among numerous civil law proposals, the state commissions in Australia, France, Ireland and some States in the USA, urged the States to include clergy as mandatory reporters of the child abuse even if they become aware of it within the sacrament of Penance. We will examine briefly these cases in the first chapter of this presentation. In the second chapter we will explore theological and canon law arguments with regard to the seal of confession and some practical advices, how confessors could help victims and perpetrators in case they approach them during the confession and nevertheless non-violating the seal. The mandatory reporting legislation already includes a range of professionals (physicians, teachers, social workers etc.) and requires that they must report perpetrators to the civil authorities and help abuse victims. According to some state laws this mandatory legislation is already or should be extended on clergy even in the internal forum, namely to break the seal of confession. 3 See Virginia Giujfre files the Lawsuit against Prince Andrew, in https://www.nytimes.com/ 2021/08/09/nyregion/virginia-giuffre-prince-andrew.html (11.18.2021) and see about the Jeffrey Epstein’s case, https://www.washingtonpost.com/nation/2021/10/27/jeffrey-epstein-jet-lawsuit/ (consulted: 11.18.2021). 4 See Sexual abuse by educators is scrutinized (2004) in https://www.edweek.org/leadership/sexual-abuse-by-educators-is-scrutinized/2004/03 (consulted: 11.18.2021). 5 According to data collected in a national survey for the American Association of University Women Educational Foundation in 2000, Ms. Shakeshaft estimated that roughly 290,000 students experienced some sort of physical sexual abuse by a public school employee from 1991 to 2000 — a single decade, compared with the roughly five-decade period examined in the study of Catholic priests. See here: https://www.edweek.org/leadership/sexual-abuse-by-educatorsis-scrutinized/2004/03 (consulted: 11.18.2021). 6 For example see the USCCB’ Charter for the Protection of Children and Young People, revised in 2018, in https://www.usccb.org/test/upload/Charter-for-the-Protection-of-Childrenand-Young-People-2018-final( 1 ).pdf (consulted: 11.18.2021).
