Amid Abuse Scandals, Legal Challenges Test Clergy Reporting Exemptions

Implications for church leaders loom as Montana reverses $35M judgment and other states continue tightening reporting laws.

The Montana Supreme Court this week unanimously reversed a $35 million judgment against the Jehovah’s Witnesses for not reporting sexual abuse to authorities, saying church representatives fell within a clergy exception found in the state’s mandatory child abuse reporting law.

Montana law requires officials, including clergy, to report child abuse to state authorities when there is reasonable cause for suspicion. However, the state’s law exempts clergy from reporting when the actual or suspected abuse is discovered in the course of a confidential conversation—such as confession—that is protected by the clergy-penitent privilege.

The high court said in its 7–0 decision that the Jehovah’s Witnesses fall under the exception in this case, which involves a woman who had been abused as a child in the mid-2000s. The congregation handled the allegations internally in accordance with church practices. Read More

Also See:
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

In states in which clergy, church staff, and volunteers are exempt from being mandatory child abuse reporters, churches need to take the lead in pressing state legislatures and state governors to remove their exemption. They need to become child advocates rather than passive perpetrators in the sexual abuse. A passive perpetrator is someone who, while they are aware of the sexual abuse, fails to do anything about it. I was involved in child welfare work for the state of Louisiana for more than 25 years. It is well-documented that organizations, religious and otherwise, are apt to protect themselves rather than the child who was sexually abused by one of their members. It is also well-documented that organizations are more likely to believe adults over children. Most organizations' procedures for dealing with child sexual abuse allegations are woefully inadequate. Making clergy, church staff, and volunteers mandatory reporters is one way of rectifying these problems. Adequately funding, training, and resourcing state and county child protection agencies is another way.