The Utah HB90 law sought to make the reporting of sexual abuse mandatory, including for Church officials. According to Utah State Legislature, the bill would have modified the current reporting requirements for child abuse and neglect.
What to Know About Utah HB90
The Utah HB90 bill states that anyone who has reason to believe that a child suffered abuse and neglect or observed abuse or neglect should instantly report the abuse to a law enforcement agency or another responsible office. There is no exception for members of the clergy.
Why Lawmakers Believe Utah HB90 Is Necessary
In recent years, the media extensively covered institutional child sex abuse cases in the Roman Catholic Church and the Mormon Church. Lawmakers wanted to address Utah law that allows a clergy member to not report child abuse. The Federal Child Abuse Prevention and Treatment Act (CAPTA) states that every state should require certain persons to report instances of child abuse—also called the mandatory reporting law. However, clergy are exempt from mandatory reporting in several U.S. states, including Utah. A mandatory reporter has to report any abuse or confession of abuse to law enforcement or certain other authorities imminently.
The Utah HB90 law focuses particularly on religious leaders’ responsibility in reporting child abuse. For example, if a child abuser confesses sex abuse to a religious official, the clergy is, in certain instances, protected from having to report the abuse to law enforcement. Church officials enjoy “ecclesiastical privilege,” which currently allows any confessions to clergy to remain confidential. The Utah HB90 law sought to do away with this privilege. Typically, when a child abuser mentions that they have committed sexual abuse to an official or someone in a position of trust, such as teachers or doctors, the person has to report this to law enforcement promptly. Not doing so can, in certain instances, be a criminal offense.
Currently, in Utah, the confessor has to permit the Church official to report the abuse. If they do not give permission, the Church official is under no obligation to report the abuse.
Only six states currently have laws that do away with the ecclesiastical privilege and require Church officials to report any child abuse or neglect confession immediately—in line with other officials such as therapists or teachers. Utah would have been the seventh state if bill HB90 had passed.
Why HB90 Did Not Pass
The Catholic Diocese of Salt Lake City and other institutions heavily opposed the Utah HB90 bill. They argued that the bill would violate the confidentiality of the confessional seal. Subsequently, Utah HB90 law failed to find approval and suffered a defeat in the house in March 2020.
Holding Perpetrators to Account
The HB90 law, had it passed, would have made it easier to stop perpetrators from committing more child abuse, as well as hold them responsible based on their confession. That the bill failed to become law has also shown the resistance of certain religious institutions to report abusers if they are a member of their congregation.
If you or someone you love suffered child abuse, you can take action and stand up for yourself. Support and help will be available for you. There are ways in which you can hold a perpetrator responsible and potentially recover damages.
For a free legal consultation, call (800) 794-0444
Pintas & Mullins Law Firm Works for You
It can be upsetting, especially for victims of child abuse and their families, to find out that lawmakers’ efforts to help children were not successful. However, in general, the tide is turning in favor of victims finding justice.
For example, lawmakers have extended the statutes of limitations for sex abuse cases in several states recently. This has made it easier for survivors to sue their perpetrators and the Church, even if their case is a historic one.
We can look into the future with the hope that things are changing and that children will enjoy better protections in the future, even if individual laws occasionally stall.
If you or a loved one suffered sex abuse in the Mormon Church, we can help you stand up for your rights and hold the abuser to account. You could receive compensation such as medical bills, counseling fees, and awards for any emotional effects that the abuse had on you.
You can demand justice, and we can help fight for your rights. For a free, confidential consultation, call Pintas & Mullins Law Firm today at (800) 219-9622.
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