Ministry of Reconciliation (with special reference to child sexual abuse)

Description

This article provides guidance on reconciliation in cases of child sexual abuse, focusing on pastoral care, accountability, and supporting survivors with compassion and integrity.

The full Pastoral Guideline for the Ministry of Reconciliation may be downloaded below, as it runs to 46 pages.

Private Confession

Pastoral Guidelines with special reference to child sexual abuse

Preamble

1. The practice of making a private confession

According to both Church law and custom, the Anglican Church provides for the private confession of sinsin the presence of a priest. This practice is regulated by Church law.

The ministry of absolution has the following elements:

• The desire of the penitent to unburden the conscience to receive the benefit of absolution, together with spiritual counsel and advice.
• The making of a confession of sin by the penitent according to a rite of the Church (a form for the confession of sins and pronouncement of absolution may be found in An Australian Prayer Book and in A Prayer Book for Australia).
• After hearing the confession, the priest absolves the A priest may decline to pronounceabsolution or may defer absolution where it’s clear that some further action is required by the penitent.

Canon law also regulates what is known as the Seal of the Confessional. This means that a priest must not reveal any sin that is disclosed during a confession.

It’s important to note the difference between admission to a sin and confession of a sin. If a personadmits to a crime, the priest may be required to report it to the police. If a penitent confesses a sin that is also a crime, the priest is bound by the Seal of the Confessional.

Should a priest form the view that a person wishes to reveal a criminal act, the priest should intervene immediately and ask whether the person wishes to make a formal confession (according to a rite of theChurch). If the person says yes (possibly after further explanation), the priest and the would-be penitent should go to a private place, ideally the parish church, where the confession may be heard.

 

 

It’s essential that a rite of the Church is used. If a rite is not used, the priest may have no protection under the law and could be found guilty of contempt of court for refusing to reveal the matter of the confession.

 

2. Private confession of sins in the Anglican Church of Australia

Provision for private confession of sins and absolution in the Anglican Church dates from both before and after the Reformation. Provision was contained in the Book of Common Prayer of 1662, as well as in the earlier books of Common Prayer of 1549 and 1552. This provision was clearly retained in both An Australian Prayer Book and A Prayer Book for Australia.

It’s the law of our Church that when a private confession is made in the presence of a priest, thematter of that confession is not to be revealed. This law is contained in Canon 113 of the Canons of the Church of England of 1603, and in the Canon Concerning Confessions 1989, which was adopted at the General Synod of 1992.

The Canon Concerning Confessions was then adopted by every diocese in Australia except the Diocese of Ballarat. The Diocese of Sydney adopted it in 1993 but repealed it by ordinance in 1997. This means the Canon Concerning Confessions 1989 is the law of the Church in every diocese except the Diocese of Ballarat and the Diocese of Sydney, where Canon 113 of 1603 applies.

It’s the law of our Church that when a private confession is made in the presence of a

priest, the matter of that confession is not to be revealed.

According to Canon 113 of 1603, there is one exception in relation to what is known as the Seal of the Confessional. The relevant part of that Canon reads as follows:

Provided always, that if any man confesses his secret and hidden sins to the Minister, for the unburdening of his conscience, and to receive the spiritual consolation and ease of mind from him; we do not any way bind the said Minister by this our Constitution, but do straitly charge and admonish him, that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secrecy,(except they are such crimes as by the laws of this realm his own life may be called into question for concealing the same), under pain of irregularity.

 

In Australian law, there is no provision for a person to be executed for concealing a crime. Therefore, this exception to the Seal of the Confessional is not applicable in Australia. In other words, under the terms of that Canon, the Seal is absolute.

The Canon Concerning Confessions 1989 makes the following provision in relation to the Seal:

If any person confesses his or her secret and hidden sins to an ordained minister for the unburdening of conscience and to receive spiritual

 

consolation and ease of mind, such minister shall not at any time reveal or make known any crime or offence or sin so confessed and committed to trust and secrecy by that person without the consent of that person.

 

The proviso in the General Synod Canon Concerning Confessions indicates that the Seal is not binding on the priest if the penitent agrees that the matter may be revealed. This exception has generally been acknowledged by Anglican authorities.

3. The Seal of the Confessional and the law

The question of whether the law requires disclosure of the content of a confession (under Canon 113 or the Canon Concerning Confessions) can arise in two contexts:

• where there is a statutory obligation to report child abuse, and
• when questions are asked about a confession and its contents in court

The position on mandatory reporting of child abuse differs significantly between States and Territories. The same is true for the disclosure of a confession in court. The relevant laws are outlined on the General Synod website.

That said, Church law is clear: a priest must not reveal anything disclosed by a penitent in confession, apart from the exceptions in Canon 113 or the Canon Concerning Confessions.

4. Issues relating to the Seal of the Confessional and child sexual abuse

Until relatively recent times, the grave damage caused by abuse was not fully understood. It was widely assumed that while abuse was unpleasant for a child, it did not result in lasting harm. We now know that this form of abuse often leads to serious psychological and spiritual damage, affecting a person’s relationships and wellbeing for many years, sometimes for life.

It was also not widely known until recently that sex offenders are often repeat offenders.

In light of this understanding and the significant suffering experienced by victims, the Church recognisesthe need for special guidelines relating to private confession and child sexual abuse. This is especiallyimportant since the Seal of the Confessional remains part of Church law.

 

 

In 2001, General Synod Resolution 24 asked the House of Bishops to:

• Identify appropriate teaching resources
• Develop pastoral guidelines for the hearing of private confessions
• Address issues raised by confessions of child sexual abuse by clergy or lay leaders

 

The report of the Clergy Discipline Working Group presented to the same General Synod

clearly affirmed the priest’s obligation not to disclose the content of a confession.

5. Principles applicable to private confessions of sins and absolution

The Clergy Discipline Working Group noted in paragraph 25 that three elements must be present before absolution is pronounced:

• Contrition
• A full and honest confession of sins
• A purpose of amendment

Paragraph 26 further explains that contrition and purpose of amendment may require the following actions by the penitent:

• If the conduct has caused harm to another person, reparation or the making of amends is Where appropriate, the priest may offer guidance on what form that reparation should take.
• If the conduct is criminal, the reporting of that conduct by the penitent to the police or another appropriate authority may be necessary.
• If the penitent is a member of the clergy and their conduct violates the standards expected of them, they may need to report the matter to the bishop of the
• If the penitent is a lay leader and their actions are inconsistent with Church standards, they mayneed to report the matter to the person who appointed them to that leadership role.

6. Issues relating to the confession of child sexual abuse Paragraph 27 of theClergy Discipline Working Group report states:

Special care will need to be taken in the case of a confession of child sexual abuse. It’simportant for a member of the clergy to whom such a confession is made to understand that this area of criminal activity involves the following common elements:

 

• The abuse is usually secretive and known only to the abuser and the
• Offenders generally do not stop unless something
• Offenders often have distorted thinking, such as believing the victim enjoyed the
• Abuse usually begins with minor acts and escalates through a process of
• The abuse continues because the child often adopts survival behaviour, which the offender wrongly interprets as consent.
• Offenders often derive pleasure from the abuse, regardless of

 

• Sexual abuse is rarely a one-off event; it’s typically part of a longer, corrupting

relationship.

• When exposed, offenders typically try to justify or minimise their actions—blaming the victim, citing their own trauma, or claiming stress or alcohol as a factor.
• Offenders are often Paragraph 29 adds:

In a case of child sexual abuse confessed by a clergy member or lay leader, the priestshould not pronounce absolution until the penitent has made appropriate reparation. In most cases, this would include:

 

• A genuine apology to the victim
• Reporting the conduct to the police or relevant authority
• Reporting to the bishop or the person responsible for the penitent’s leadership

appointment

If an apology is offered, it may not be appropriate for it to be made face-to-face. The wishes of the abused person should guide this decision. If the abused does not want contact, an apology should be written. If they are willing, the apology may be given in person.

Where the abused person is still a child, the parents’ or guardians’ wishes must be

followed.

7. The action of the priest hearing a confession relating to child sexual abuse

When a confession involves child sexual abuse, the priest must act with particular care,

clarity, and pastoral responsibility. The following steps should guide the priest’s response:

• The priest must closely question the penitent about the nature and frequency of the
• The priest must clearly state the grave nature of the sin and the serious impact the abuse is likely to have on the victim.
• Before pronouncing absolution, if the priest believes the conduct is criminal, then— except in exceptional circumstances—the penitent must be required to report it to the police or another appropriate authority.
• Given the serious and lasting consequences of child sexual abuse, the Church recommends that absolution in such cases be reserved for priests who hold a special licence or authority from the bishop.

This means that if a priest (who is not authorised) hears a confession involving child sexual abuse, they must tell the penitent:

 

“I am not authorised to pronounce absolution. However, I will arrange for an authorised priest to hear your confession for this purpose.”

 

Note: Exceptional circumstances may include cases where the confession is made by a person who is near death.

Guidelines for the Hearing of Confessions and the Granting of Absolution with special reference to Child Sexual Abuse

These guidelines are intended to help clergy respond appropriately when hearing confessions thatinvolve child sexual abuse. They outline who may grant absolution and the steps that must be taken to ensure the safety and wellbeing of all involved.

1. Care must be taken when a penitent comes to confession that the confession is heard, andabsolution is pronounced, according to an authorised rite of the
2. The granting of absolution in confessions involving child sexual abuse is reserved to priests holding a special licence or authority from the bishop.
3. All confessions involving child sexual abuse are to be referred immediately to a priest holding the bishop’s licence. In other words, a priest (unless specially licensed) must not pronounce absolution and must refer the matter on.
4. The penitent is to be given clear direction to seek help and counselling from qualified professionals.
5. Priests holding the bishop’s licence are to receive appropriate training and be

properly informed about available support services.

6. Absolution must be withheld until the priest is satisfied that there is genuine repentanceand—except in exceptional circumstances—that the penitent has reported the matter to the police or another appropriate authority.

These Guidelines were adopted by the Australian Bishops at their Meeting in March 2006.

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