Jump to ContentJump to Main Navigation
The Clergy Sex Abuse Crisis and the Legal Responses$
Users without a subscription are not able to see the full content.

James T. O'Reilly and Margaret S.P. Chalmers

Print publication date: 2014

Print ISBN-13: 9780199937936

Published to Oxford Scholarship Online: October 2014

DOI: 10.1093/acprof:oso/9780199937936.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 December 2019

Evidence Privileges and Clergy Abuse Issues

Evidence Privileges and Clergy Abuse Issues

Chapter:
(p.121) Chapter 11 Evidence Privileges and Clergy Abuse Issues
Source:
The Clergy Sex Abuse Crisis and the Legal Responses
Author(s):

James T. O’Reilly

Margaret S. P. Chalmers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199937936.003.0011

Church sacraments respected by the U.S. Constitution under First Amendment protection include the “seal of confessional.” Abusers and some bishops invoked this rule in order to refuse to report sex abuse and to rebut the prosecutors‘ demand for disclosures. The chapter traces the history of the clergy/penitent privilege and how it interacts with evidentiary privilege, in particular the difference that may exist between a duty to report abuse as compared to a duty to testify. It discusses the penalties both criminally and under civil tort law for failure to report. Finally it details the immunity that protects those clergy members who report abuse.

Keywords:   confessional, admission, privilege, abuse, failure to report

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .