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42 Val. U. L. Rev. 849 (2007-2008)
Divine Justice and the Lack of Secular Intervention: Abrogating the Clergy-Communicant Privilege in Mandatory Reporting Statutes to Combat Child Sexual Abuse

handle is hein.journals/valur42 and id is 857 raw text is: Notes DIVINE JUSTICE AND THE LACK OF SECULAR INTERVENTION: ABROGATING THE CLERGY-COMMUNICANT PRIVILEGE IN MANDATORY REPORTING STATUTES TO COMBAT CHILD SEXUAL ABUSE I. INTRODUCrION Crime is not the less odious because sanctioned by what any particular sect may designate as religion. ' Imagine two loving parents at the airport, anxiously awaiting the return of their sixteen-year-old daughter from a yearlong mission trip to the Philippine Islands. Picture their excitement as they look for their young, vivacious daughter to step off the plane from the terminal window. Now imagine their shock when they see the once bright-eyed girl walking toward them with dull, lifeless eyes and a sickly physique. Envision this weak looking child carrying a newborn infant in her arms. The array of emotions these parents undoubtedly experience as a result of this unexpected situation is great, but try picturing the amount of outrage and devastation they feel when they discover that their church leaders lied to them and sent their daughter on this mission trip to conceal her pregnancy. Imagine their feelings of betrayal to learn that more than seven revered spiritual leaders had been regularly coaxing their daughter into sexual intercourse under the guise of being religiously permissive and ethically wise. Visualize these parents' anger when they learn that the church leaders failed to uphold their promise to provide adequate financial support for their daughter while away, resulting in her suffering malnutrition and being near death during childbirth. Try conceiving their astonishment and feelings of abandonment when the seven errant clergymen and their informed superiors are left unpunished and free to prey on other unsuspecting children and families.2 1 PHILIP B. KURLAND, RELIGION AND THE LAW 24 (1962). 2 This hypothetical situation is based on the case of Rita M. v. Roman Catholic Archbishop, 232 Cal. Rptr. 685 (Cal. Ct. App. 1986). 849

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