CatholicCulture.org
A Louisiana judge has refused to dismiss a lawsuit that revolves around a priest’s refusal to report sexual abuse that was disclosed in a confession.
The plaintiff, Rebecca Mayeux, has sued and the Diocese of Baton Rouge, saying that the priest should have reported to authorities when she (Mayeux) told him that she had been abused. Father Bayhi, citing the absolute secrecy of the confessional, has said that he cannot testify about what he was told—or even confirm that he heard Mayeux’s confession.
The case has already been before the Louisiana Supreme Court, which upheld the confessional seal in a ruling last year, saying that Father Bayhi cannot be required to testify about what he heard in a confession. However, the plaintiff’s lawyers argue the Mayeux’s encounter with the priest was not a sacramental confession but an appeal for help.
In a ruling announced on August 21, Judge Mike Caldwell said that a Baton Rouge jury could be asked to determine whether or not, when Mayeux spoke to Father Bayhi, their conversation was in the context of a confession.
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Priests can’t be forced to break seal of confession, La. judge rules
Catholic News Agency
02 March 2016
.- Louisiana law can’t force Catholic priests to violate the seal of the confessional, a judge in the state reaffirmed on Friday.
State District Judge Mike Caldwell said in court Feb. 26 that a state law requiring clergy to report sex abuse of minors violated a priest’s religious freedom protections for confidential confessions.
The ruling concerns a lawsuit filed by Rebecca Mayeaux, now 22, against Father Jeff Bayhi and the Diocese of Baton Rouge. Mayeaux charges that in 2008, at the age of 14, she told the priest during confession that a 64-year-old parishioner was abusing her. The priest was pastor at Our Lady of the Assumption Catholic Church in Clinton, 35 miles northeast of Baton Rouge.
Her lawsuit charged that the priest was negligent in reporting abuse and that the diocese failed to train him properly in mandatory abuse reporting law. Mayeaux claims that the priest responded to the abuse report by telling her to “sweep it under the floor and get rid of it,” the Associated Press reports.Fr. Bayhi said that if he revealed anything said in confession, he would face automatic excommunication.
“If we ever violate the seal, it’s over. It’s finished,” he said in court, adding that he would “absolutely not” knowingly violate the seal of confession.
“If that’s not sacred, no one would ever trust us.”
Louisiana law requires clergy to report sexual abuse. Parts of the law grant an exception when abuse allegations are revealed during confidential religious communication such as confession.
However, other parts of the state code require mandatory reporting “notwithstanding any claim of privileged communication,” the New Orleans Advocate reports. Caldwell’s ruling struck down the latter requirement.
“We’re just always happy when the court upholds religious liberties,” Fr. Bayhi said when he left the courthouse.
Bishop Robert Muench of Baton Rouge discussed the case in a statement.
“I extend my compassion and offer prayer not only for the plaintiff who may have been harmed by the actions of a man who was not an employee of the church, but also for all who have been abused by anyone,” he said.
Bishop Muench expressed his appreciation of the ruling, adding that “the court’s decision to uphold the First Amendment right to the free exercise of religion is essential.”
The ruling can be appealed to the Louisiana Supreme Court.
The judge made other decisions about the lawsuit, ruling that Mayeaux may testify to a jury about what she allegedly told the priest in 2008. However, her attorneys may not argue to the jury that Fr. Bayhi was required by law to report the allegations.
The case had gone to the Louisiana Supreme Court in 2014, which returned it to a lower court to determine more facts in the case.
The lawsuit has not yet gone to trial. The alleged abuser died in 2009. The plaintiff’s attorney said he does not intend to call Fr. Bayhi to testify.
CNA contacted the Diocese of Baton Rouge for comment but did not receive a response by deadline.
This then is a case involving a confession related to allegations of sex abuse by a layman, not a priest. I hunted around a little to see if I can find any articles indicating if the plaintiff did or did not simultaneously tell her parents about the abuse, but I can find nothing. It seems to me that if she wanted this man reported she would have disclosed to her parents who in turn would have contacted police? No?
As some of you know, I have trouble with this.
When it comes to the state forcing confessors to violate the seal of confession how far do people want to go? As a practicing Roman Catholic I believe in the Sacrament of Confession, and I firmly believe in the inviolability of the same. I also believe that there are means whereby the Code of Canon Law could be amended to allow confessors to report clerical molesters who self identify during confession.
That one is quite straight forward, however, dealing with child and adult victims is another matter. I believe that confessors can and should ask victims who report clerical sexual abuse if they will speak outside of confession . If the victim is not ready to speak to the abuse in this fashion, there is, I believe, a problem. How, for example, can a confessor report sex abuse allegations against Father X if the victim does not want to come forward? As you know, this is unfortunately often the case; – we have heard of any number of instances whereby a victim denies that he/she is being or was sexually abused by a priest.
What, then, is the confessor to do? Is there any way to report with what is probably extremely limited information and without identifying the victim? And, do people expect that the confessor will violate the seal of confession in court and tell the court what “Tommy” or “Jane” told him, despite the fact that Tommy and Jane do not wish to proceed with charges and absolutely do not want a soul to know they were sexually abused by a Roman Catholic priest?
And think of where this is inevitably going to lead.
What of cases whereby, for example, a married man or woman confesses he/she engaged in an extra-marital affair? Do people think that a priest-confessor should and should be obliged to disclose that information in court?
Think of absolutely every sin which can be committed and thereby confessed to a priest. Should the priest be obliged to violate the seal of confession to reveal those sins when instructed to do so by a judge in a court of law?
Think it through. Please think it through.
To your last question : YES
Since going to the police on May 8 2008, I’ve met so many people, professional people, and they all had the same first sentence spoken to me in meddeting them; If By talking with you, I find out you are abusing a child, the authorities will be notified!
The priest in the confessional box must start with the same sentence, as stated in the law!
There can not be a religious privilege and is contrary or trumps the law of the land!
They just have to follow the pope warning: you must obey all laws in child protection in the country you live/practice in!
In a court of law in Canada, do not reconized the “secret of confessional” and should stay that way!
We’ve taken swearing on the bible out of the court room and should do the same for any other religious rights, dogma, practice etc
People you have to agnoledge that the crime of pedophilia is a crime of silence and how the secretive aspect of confessional has helped it in keeping it a secret. It’s time in 2017 this must stop.
I have a cousin who is a priest has told me One day : “You will have to cut me in small pieces before braking the seal of confession”! To which I answered ” dear cousin if I ever hear you let a pedophile continue his abuses, pass me the knife, we’ve got to start somewhere”! Mind you have’nt seen him around now for some years.
There is even in Latin a name for crime of sollicitation in the confessional box, committed by priest, mention in the canon laws.
The last time I went to confession, as he open the little door, I said to him “lets start with you father”!
Baspuits
You have to realize that Baspuit that what you are advocating is state controlled religion.
That aside, it is only in recent years that any judge in any province has forced a priest to violate the seal of confession.
You may recall that it was an issue very recently here in Canada when Father Javier De Los Angeles Cortazar “walked” from a Saskatchewan courthouse: his sex assault charges against a fellow priest were stayed when he used/abused the seal of confession to push his “alleged” victim into a box – either the complaisant priest would violate the seal of confession and hence be excommunicated, or the complainant priest would refused to answer questions regarding confession and land in jail. In this case the complainant could have testified to serve his own cause, but, he refused to do so. The Crown nipped the dilemma in the bud by staying the charges. And, the accused “walked.”
I’m not sure what the answer is Baspuit, – that is why I posed questions and raised concerns regarding where this is going. As I said, my hope is that the Code of Canon Law can be revised to somehow address the issue of predatory priests to ensure the safety of children and sanctity of the priesthood, but, until such time as that happens, the law stands and good and decent priest will be packed off to jail. Once upon a time lawyers and clergy were exempt from reporting. I do believe that now it is lawyers alone who are not legally obliged to report. It varies from province to province, but I think most provinces now require reporting to the equivalent of a Children’s Aid Society, NOT to police. Not only that, but, at least here in Ontario, the duty to report falls by the bye when the abuse is deemed “historic,” and there are further problems with reporting here when there is no proof that a specific child is deemed to be a risk and in need of protection. Perry Dunlop believed that he fulfilled his duty to report when he found out that there were sex abuse allegations against Cornwall’s Father Charles MacDonald. He believed that all children in Father MacDonald’s path were at risk. For his efforts, Perry eventually wound up in jail. Father “Charlie” was eventually charged, and he eventually “walked. ” After four year public inquiry – nothing changed regarding the duty to report. Nothing.
If this site leads people to a place where there is an open advocacy for a state controlled religion I am finished. God forbid that I lead people out of the Church. That was never my intent when I started Sylvia’s Site. Never. In fact that was a deep concern I wrestled with before I started the database, and one which I re-visit and re-assess from time to time.
It’s not all straightforward Baspuit. Far from it.
May I? Sylvia/Baspuits – this is a point of moral/ethical thinking. The “seal of the confessional” is sacrosanct and should be preserved, in my opinion.
However, when Roman Catholic priest abuses this seal, or uses it for his own personal prejudice, it becomes another matter.
If the priest hearing the confession is NOT in God’s good graces, if he himself is “living in sin”, is the confession, and absolution actually valid?
I fully believe that the Vatican must address this issue.
I have difficulty accepting that my abuser was in a position of hearing and absolving his flock’s sins, when he was actually in a lower moral standing than his “sinners”. Mike.