Confidence in the confessional is vital, says Fr Gary Dench
On 20October 2022 the Independent Inquiry into Child Sexual Abuse (IICSA) published its final report. There had been much speculation as to the recommendations it would make regarding the internal governance of the Catholic Church and its doctrinal teachings.
One recommendation was the introduction of mandatory reporting. This is an already well-established procedure within the Church outside of sacramental Confession. Where clergy have suspicions about the abuse of a minor or vulnerable adult they are to make those concerns known to the appropriate authority. The report, however, goes further in setting out that this obligation is “absolute” and that it would unjustifiable to “provide exemptions for some faith-based settings or personnel and, in particular, in the context of sacramental confession”.
Put simply, the recommendation sets out that there should be statutory obligations placed upon priests to break the sacramental seal when they hear anything which leads them to believe that the penitent is an abuser. This would also apply in the situation where the penitent discloses that they have been the victim of historic or on-going abuse.
For Catholics, who take for granted that what they say in Confession is private, this is shocking. The seal of the confessional is more than just a pious devotion, and priests have died for it; it was the cause of St John Nepomuk’s martyrdom. It is also something protected by the law of the Church, which sets out that “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.”
The inviolability of the sacramental seal is non-negotiable. There are also questions about the extent to which IICSA’s recommendations in this respect could even be enforced. A further problem, however, can be found in the very intention which sits behind the recommendation: the assumption that this will help keep children and vulnerable adults safe. Albeit made with the best of intentions, it betrays a lack of understanding of what the seal of confession means for Catholics.
The sacramental seal gives us confidence to be honest and truthful about our failings. Whatever has been done, however embarrassing it might be, however serious, the penitent knows that in sacramental Confession it will go no further. Thanks to the loving mercy of God, we are assured that those sins we confess die in the confessional and we leave them behind. What we say to the confessor is not going to be repeated. IICSA’s recommendation that this be discarded means two things.
First, it means something significant for the perpetrator. Without the inviolability of the seal a perpetrator of abuse is probably no more likely to come to Confession than to make a statement to the police. It is the sacramental seal itself which can open up a forum in which a priest can encourage engagement with the authorities. Without that, it cannot be said that more children and vulnerable adults will be protected from harm. Quite the opposite may become true, precisely because it prevents an opportunity which might stop more and greater evils being carried out.
Secondly, it means something for the victim. It is important to recognise that it takes an enormous amount of courage for a victim to come forward; to talk about all they have suffered is to relive the trauma. Being a victim in this way is not a sin, and therefore requires no confession, but the seal can provide the comfort in which the victims can begin to talk about their experiences in a setting where they feel safe. There will be no direct consequences to what they might be saying out loud for the first time.
This is something which the IICSA report itself acknowledges. “Children and young people”, it reads, “have commented that, once a report is made, they may feel a loss of control over this aspect of their lives. The distress that children and their families might feel at the prospect of a formal investigation into allegations must not be underestimated.” A victim may not be ready to make a formal report, for all sorts of reasons. The sacramental seal therefore provides a privileged space to make a first step towards speaking out. Any attempt to remove that would be unbelievably cruel, however sincere the intentions, and would only place obstacles on the paths of healing and justice.
What both of these circumstances have in common is that a disclosure within Confession provides an opportunity for a priest to encourage a penitent to open up to him outside of the sacramental seal. It can be a step towards the proper administration of justice, punishment for the offender, and healing for the victim. As well as being a matter of definitive teaching there are good reasons why the sacramental seal makes sense and why we should not be afraid of defending it. The protection of children and vulnerable adults is paramount, but any attempt to remove the seal will not help bring perpetrators to justice any more than it would help victims receive the justice they deserve. The Seal of Confession is in fact a vital part of the process that IICSA, with the best intentions, now seeks to implement – and it should not be up for debate.
Fr Gary Dench isassistant priest at Brentwood Cathedral
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