| MILWAUKEE – Under
a new law signed April 19 by Gov. Jim Doyle, members
of the clergy in Wisconsin are
required to report cases of child sexual abuse discovered
outside of the confessional.
The newly enacted legislation adds clergy to the list
of mandatory reporters of sexual and physical abuse of
children. It also extends the statute of limitations
for criminal prosecutions and civil lawsuits and allows
a person who was sexually abused by a clergy member while
under 18 to sue that person and his or her religious
organization for damages.
In a statement issued by the Wisconsin Catholic Conference,
the state bishops’ public policy arm, John Huebscher,
executive director, welcomed the new law.
“
We supported Senate Bill 207 since its introduction and
we are pleased that it is now law,” stated Huebscher. “Today
is a day of progress for survivors and victims, a day
of fulfillment for the bill’s authors and a day
of quiet reflection and renewal for the Catholic Church
in Wisconsin.”
Huebscher said Wisconsin’s Catholic bishops understand
that the laity and the Legislature “expect them
to continue their efforts to assure that the church will
deal with child abuse in a way that is open, committed
to justice, and compassionate to victims-survivors. Those
expectations will be met.”
The law is one more way to ensure the safety of children,
added Huebscher. It also marks “another step in
our journey as Catholics to restore trust in how the
church addresses issues of clergy misconduct. That journey
will continue until the restoration is complete.”
The legislation was drafted by Sen. Alberta Darling (R-River
Hills) and Rep. Peggy Krusick (D-Milwaukee). A similar
mandatory reporting bill introduced by Krusick in 1993,
which had the support of the WCC, failed. The legislation
gained support this year following the recent clergy
sexual abuse crisis in the Catholic Church.
Under the new reporting law, clergy members are required
to report abuse in two ways. First they must report actual
or suspected sexual or physical abuse of a child seen
in the course of their professional duties. They are
also required to report cases where they have reasonable
cause to believe a fellow member of the clergy has abused
a child or threatened to abuse a child.
The law exempts clergy from reporting information received
in the confessional, an exemption that drew fire from
some critics. However, divulging information shared during
confession is a violation of the highest order in the
Catholic Church. The Code of Canon Law states “the
sacramental seal is inviolable; therefore it is absolutely
forbidden for a confessor to betray in any way a penitent
in words or in any manner and for any reason (Canon 983).” It
also states a confessor “is prohibited completely
from using knowledge acquired from confession to the
detriment of the penitent even when any danger of revelation
is excluded (Canon 984).”
Huebscher, in a fact sheet sent to church personnel on
the new law, wrote that the clergy-penitent exemption
would not render mandatory reporting useless.
“
If a victim were to talk about being abused in the confessional,
the priest would assure the victim that he or she did
not sin and then seek to get the victim to discuss the
matter outside the seal of the confessional so it could
be reported,” he stated.
Huebscher noted, as a matter of policy, that all five
Catholic dioceses in Wisconsin previously required priests
and other church employees to report cases of child abuse
and neglect learned outside of the sacrament of confession.
Under the new law, abuse victims can bring a civil lawsuit
against his or her abuser up to age 35, a 15-year extension.
Criminal prosecutions can be pursued until the victim
turns 45. Previously, the statute of limitations ended
at 26 or 31, depending on the severity of the abuse.
The final provision of the new law may be the most dramatic.
It allows individuals abused while under 18 to sue religious
organizations for failing to supervise clergy. This key
provision clarifies a 1995 Wisconsin Supreme Court decision
which ruled “churches could not be sued on the
basis of religious doctrines and internal decisions pertaining
to the training and supervision of priests.”
“
While the Supreme Court has never said churches can’t
be sued for negligence if (a religious leader) knowingly
put someone who abused a child back in a position where
abuse could occur again, some have argued the issue is
so ambiguous that victims have not come forward,” stated
the WCC fact sheet.
According to the WCC, in order for a religious organization
to be liable, four elements must exist:
• Someone in the religious organization must know or
should have known of the abuse.
• That person must be a supervisor of the offending clergy.
• That person must fail to report the previous abuse.
• That person must fail to prevent a repeat of that abuse.
The new provision applies only to supervision of clergy
and not non-clergy members.
In his Herald of Hope column of April 3, 2003, Archbishop
Timothy M. Dolan said he supported the inclusion of clergy
as mandatory reporters. “Likewise, we are in agreement
that the statute of limitations needs to be fairly and
moderately extended,” he wrote. |
