AZ Supreme Court ruled that Mormon church has the privilege to not report child sexual abuse when discovered

AZ Supreme Court Ruled that Mormon church has the privilege to not report child sexual abuse when discovered.

Adams had also posted videos of himself sexually abusing his daughters on the internet, boasted of the abuse on social media, and confessed to federal law enforcement agents, who arrested him in 2017 with no help from the church.

The Arizona Supreme Court has ruled that the Church of Jesus Christ of Latter-day Saints can refuse to answer questions or turn over documents under a state law that exempts religious officials from having to report child sex abuse if they learn of the crime during a confessional setting.

The ruling was issued April 7 but not released to the public until Tuesday. A lawsuit filed by child sex abuse victims accuses the church, widely known as the Mormon church, two of its bishops, and other church members of conspiracy and negligence in not reporting church member Paul Adams for abusing his older daughter as early as 2010. This negligence, the lawsuit argues, allowed Adams to continuing abusing the girl for as many as seven years, a time in which he also abused the girl’s infant sister.

Lynne Cadigan, an attorney for the Adams children who filed the lawsuit, criticized the court’s ruling.

“Unfortunately,” she said, “this ruling expands the clergy privilege beyond what the Legislature intended by allowing churches to conceal crimes against children.”

In a statement, the church concurred with the court’s action. “Unfortunately, this ruling expands the clergy privilege beyond what the legislature intended by allowing churches to conceal crimes against children,” she said.

In a statement, the church concurred with the court’s action.

“The Church of Jesus Christ of Latter-day Saints agrees with the Arizona Supreme Court’s decision,” the statement said. “We are deeply saddened by the abuse these children suffered. The Church has no tolerance of abuse of any kind.”

Those actions prompted Cochise County Superior Court Judge Laura Cardinal to rule Aug. 8, 2022, that Adams had waived his right to keep his 2010 confession to Bishop John Herrod secret.

“Taken together, Adams’ overt acts demonstrate a lack of repentance and a profound disregard” for the principles of the church, Cardinal said in her ruling. “His acts can only be characterized as a waiver of the clergy-penitent privilege.”