Court Says Privilege Did Not Excuse Failure To Report Sex Abuse

R.K. v. Corporation of the President of the Church of Jesus Christ of Latter Day Saints, 2006 U.S. Dist. LEXIS 65772 (WD WA, Sept. 14, 2006), involves a suit in a Washington federal district court against the Mormon church for negligence in failing to report sexual abuse of a 13-year old boy by his scout leader, as required by state law. The suit was brought by an individual who was abused the following year by the same scout leader. A Bishop learned of the first incident of abuse during a conversation with the father of the abused child. The Church claims that the priest-penitent privilege, as codified in Washington law, precluded reporting, but the court found that the Bishop could have reported the abuse to law enforcement officials in a way that would not have disclosed any confidential communications.