An Arizona judge has dismissed a high-profile child sexual abuse lawsuit against The Church of Jesus Christ of Latter-day Saints

cross-posted from: https://lemmy.world/post/8027834

An Arizona judge has dismissed a high-profile child sexual abuse lawsuit against The Church of Jesus Christ of Latter-day Saints, ruling that church officials who knew that a church member was sexually abusing his daughter had no duty to report the abuse to police or social service agencies because the information was received during a spiritual confession.

In a ruling on Friday, Cochise County Superior Court Judge Timothy Dickerson said the state’s clergy-penitent privilege excused two bishops and several other officials with the church, widely known as the Mormon church, from the state’s child sex abuse mandatory reporting law because Paul Adams initially disclosed during a confession that he was sexually abusing his daughter.

“Church defendants were not required under the Mandatory Reporting Statute to report the abuse of Jane Doe 1 by her father because their knowledge of the abuse came from confidential communications which fall within the clergy-penitent exception,” Dickerson wrote in his decision.

  • @DevCatOPEnglish
    10•1 year ago

    Unless a counselor believes, and I mean truly believes, that a single session is going to suddenly stop someone from molesting their own child whom they come in contact with daily, priests should, in my opinion, be covered by the Tarasoff decision. There are similar exceptions in states other than California.

    https://psychiatryonline.org/doi/full/10.1176/appi.ajp-rj.2018.130402

    In Tarasoff v. Regents of the University of California (1976), the California Supreme Court held that mental health providers have an obligation to protect persons who could be harmed by a patient. The court’s decision mandates that mental health professionals use “reasonable care” in informing authorities or warning potential victims, initially referred to as the “duty to warn,” or by using whatever means deemed necessary, should they determine that a patient poses a threat to a third party.