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Judge upholds right of clergy to report abuse

October, 2001

A judge has ruled that Massachusetts Conference leaders acted within their rights when they reported to authorities that a church volunteer had admitted to sexually abusing three children.

Daniel R. Ferris had asked the Worcester Superior Court to suppress his admission, saying it was privileged under a law protecting the confidentiality of statements made by people seeking “spiritual comfort.”

Judge John S. McCann, however, rejected Ferris’ argument, instead finding that church leaders had confronted Ferris after hearing of the abuse from two of the youth; Ferris had not come to them seeking comfort.

“We were very clear from the beginning that this was not a case of spiritual ‘confession,’” said Associate Conference Minister Susan Dickerman. Dickerman got involved in the case after two of the victims talked about the abuse with two adults at a Conference-sponsored confirmation retreat at Craigville in March.

Dickerman, who teaches a safe church training program aimed at protecting children, said she feels that all clergy have a moral obligation to report suspected abuse. And she said any church leader who works directly with children should assume they have a legal obligation as well.

In fact, she is encouraging local churches to advocate in favor of S674, a bill pending before the state Senate which would add clergy to the list of “mandated reporters” who are required by law to report suspected abuse. Twenty-nine other states have similar laws.

More information:

Find out how to contact your state representative and senator here.

“This law would free our clergy from agonizing over whether or not to report a suspected abuser by giving them a clear, legal mandate to do so,” Dickerman said.

The bill would not change the law that protects confessions made through privileged communication to pastors or pastoral counselors.

Dickerman praised confirmation retreat leader Sheri Anderson, Associate Pastor of Central Square Congregational Church in Bridgewater, for taking immediate action when the girls came forward about the abuse. Anderson had been trained on how to handle such a situation through the Conference’s Education for Effective Youth Ministry Program.

Anderson immediately took the two girls home and also sent Ferris – who was sent by his church to chaperone – back to his central Massachusetts church. She notified the pastor of that church, and she contacted Dickerman. Dickerman in turn notified former Central Area Minister Richard Sparrow, and they both traveled to the church for a meeting with Ferris, his church’s pastor and Anderson. (The church and pastor are not being identified, in order to protect the identity of the victims.)

Dickerman also brought her adult son, the residential supervisor for a treatment center for sexually abused children. She and her son informed Ferris that they would be reporting him to the Department of Social Services, and that he would be arrested for what he had done. Even then, Ferris continued to admit to his behavior, she said.

After the meeting, the group reported Ferris to DSS, and he was arrested and charged with indecent assault and battery on a child, indecent assault and battery, and posing a child in a state of nudity.

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