Under recently-proposed legislation by a member of the New York State Assembly, religious leaders who discover evidence of clerical sex abuse would be mandatory reporters. If the legislation becomes law, it would add clergy of all faiths to a list of professions that are already legally required to report suspected cases of child abuse when it comes to their attention.

The bill was introduced by Democratic lawmaker Monica Wallace, who represents the Buffalo suburb of Cheektowaga. It has already run into some opposition from the local diocese but appears to have the support of Wallace’s colleagues from the area.

At a press conference, she said, “That legislation is what I see as the next essential step in ensuring that we never have the kinds of sex abuse scandals that we’re seeing now, in the future.”

Clergy Currently Exempt

Under current New York state law, those who work in any one of 45 listed professions – including school teachers and administrators, physicians and other health care providers, child care personnel, counselors and others – are required to report suspected cases of abuse to Child Protective Services. Those who fail to comply with the law face civil and criminal liability. However, members of the clergy are exempted from reporting anything they may hear during confession.

This would change if the bill were to become law. It would preserve the sanctity of the confessional in every other case, but priests would be required to report anything having to do with the sexual molestation or abuse of a minor child – including sex abuse by other clergymembers.

This provision is a sticking point for the bishop of the Buffalo Diocese, Reverend Richard Malone, who said, “I will never endorse any bill that allows for violation of the confidentiality and inviolability of confession.” He added that historically, priests have given up their lives before violating the seal of confession.

Long-Standing Opposition

This is not the first time such a proposal requiring priests to report suspected clerical sex abuse has come before the New York State Assembly. Buffalo’s delegate to the U.S. House of Representatives, Brian Higgins, attempted to introduce a similar bill several years ago when he served in the Assembly. In an interview with a local ABC news affiliate, he noted that Bishop Malone’s predecessor, Reverend Henry J. Mansell, also opposed such a law.

Higgins asked Malone pointedly, “If there’s nothing to hide, why would you oppose that bill?” He also mentioned how the Church has “demonstrated that it shuns the abused and protects the abuser.” In light of last year’s Grand Jury report in Pennsylvania and similar reports from across the country and around the world, it is likely that Wallace’s bill will easily pass with bipartisan support – and Governor Cuomo will most certainly sign it.

Clerical Sex Abuse Reporting Law Applies to All Clergy

While the Catholic Church has become notorious in recent decades for its sex abuse scandals, it is not the only religious organization where this has been happening. Protestant churches, Jehovah’s Witnesses, Latter Day Saints, Jewish synagogues and even Buddhist organizations have been grappling with the problem. The new legislation makes no distinction between clergy of different faiths in its new clerical sex abuse reporting requirements.

This article is not legal advice. It is presented
for informational purposes only.