Mandatory Reporting of Child Abuse, except for Priests?
There I am, mindlessly reading over my homework assignment for Evidence, when I come across this little gem of a fact:
Priests* are exempt from Maryland's child abuse reporting requirement as to confidential confessors make by the perpetrator, victim, or anyone else with knowledge.
Now, my friend thought that this meant something somewhat more rational, like they were exempt from registering as a sex offender. But as terrible as that would be (and untrue as it is, at least if Law and Order: Special Victims Unit is any judge), the truth is worse and more bizarre. To give an example of what that particular rule of privledge means...
If someone confesses to a priest that they molested a kid, the priest doesn't have to report it. If a child tells their priest that they've been molested, the priest doesn't have to report it.
This news may not come as a surprise to you (it didn't to Charity), but it certainly bugged me. I mentioned it to a friend, who wondered, can priests/preachers report suspicions of molestation? Notwithstanding whether or not their religious oaths give them permission, does the law?
In evidence law, for privilege, it matters who holds the privilege.
For instance, spousal privilege. Depending on the type (yes, there is more than one - some apply to ex-spouses, some to current, etc. but I don't want to get into that here) and the state where the trial is taking place, a husband may be able to waive spousal privilege and choose to testify against his wife, or the defendant may refuse to allow their spouse to testify. See the difference?
So for priests; is it that the confessor is the one being protected against having their secrets spilled, or the priest being protected against losing the confidence of their flock?