Showing posts with label loop holes. Show all posts
Showing posts with label loop holes. Show all posts

Tuesday, October 11, 2022

Churches defend clergy loophole, including in Maryland, in child sex abuse reporting

It was a frigid Sunday evening at the Catholic Newman Center in Salt Lake City when the priest warned parishioners who had gathered after Mass that their right to private confessions was in jeopardy.

A new law would break that sacred bond, the priest said, and directed the parishioners to sign a one-page form letter on their way out. “I/We Oppose HB90,” began the letter, stacked next to pre-addressed envelopes. “HB90 is an improper interference of the government into the practice of religion in Utah.”

In the following days of February 2020, Utah’s Catholic diocese, which oversees dozens of churches, says it collected some 9,000 signed letters from parishioners and sent them to state Rep. Angela Romero, a Democrat who had been working on the bill as part of her campaign against child sexual abuse. HB90 targeted Utah’s “clergy-penitent privilege,” a law similar to those in many states that exempts clergy of all denominations from the requirement to report child abuse if they learn about the crime in a confessional setting.

Utah’s Catholic leaders had mobilized against HB90 arguing that it threatened the sacred privacy of confessions. More importantly, it met with disapproval from some members in the powerful Church of Jesus Christ of Latter-day Saints, known as the Mormon church, whose followers comprise the vast majority of the state Legislature. HB90 was dead on arrival.

In 33 states, including Maryland, clergy are exempt from any laws requiring professionals such as teachers, physicians and psychotherapists to report information about alleged child sexual abuse to police or child welfare officials if the church deems the information privileged...

...In Maryland a successful campaign to defeat a proposal that would have closed the clergy-penitent loophole was led by a Catholic cardinal who would later be defrocked for sexually abusing children and adult seminarians...

...In 2003, as the Catholic clergy sex abuse scandal swept the nation, a bill seeking to rid Maryland of the privilege in child abuse cases evoked a strong rebuke from Cardinal Theodore McCarrick, then the powerful archbishop of the Diocese of Washington, D.C.

“If this bill were to pass, I shall instruct all priests in the Archdiocese of Washington who serve in Maryland to ignore it,” McCarrick wrote in a Catholic Standard column. “On this issue, I will gladly plead civil disobedience and willingly — if not gladly — go to jail.”

The bill withered under McCarrick’s attack and never emerged from committee. Similar legislation proposed in 2004 suffered the same fate. Today, the clergy-penitent privilege in Maryland remains intact, even though McCarrick has been defrocked for sex crimes...

Churches defend clergy loophole in child sex abuse reporting (msn.com)


Thursday, October 11, 2018

Father blames 'loophole' in Maryland law for allowing alleged (Montgomery Co.) molester to walk free




A Bethesda father believes a loophole in Maryland's criminal statute allowed an alleged molester to wiggle his way out of criminal charges.
The father, who spoke on condition of anonymity, explains his only daughter wanted to learn how to play the electric bass guitar. It was 2006. His daughter, now 29, was 17-years-old at the time. The father found a highly-rated music instructor in Wheaton. The male instructor was in his 50s and appeared kind, gracious and dedicated to his craft.
Nearly every Saturday for two years, the father drove his daughter to the instructor's modest one-story brick home. The instructor, who ABC7 is not naming, took the teen to a spare bedroom, which he had turned into a soundproof music studio. Each lesson went for one hour.
The father would relax on the sofa in the adjacent living room, reading magazines, watching television and occasionally napping. Not once did he suspect a sliver of impropriety.
"This was a man I welcomed into my home, we fed him, we went to his concerts at area restaurants and the zoo," the father told ABC7 during a concealed identity interview. "I paid him $50 for 80 lessons, that's $4,000, and he was doing terrible things behind my back."
In August 2008, the girl, then 18, stopped taking the private music lessons and enrolled at Montgomery College. The separation wasn't hostile or unfriendly; the arrangement had simply run its course...
https://wjla.com/news/local/father-poses-loophole-in-maryland-sex-abuse-law