I asked the AI Gemini about destroying notes. Here’s the response:
This scenario raises several legal and ethical concerns:
Potential Crimes:
- Obstruction of Justice: As mentioned before, destroying detailed notes about abuse, especially after being subpoenaed by law enforcement, could be seen as obstruction of justice.
- Tampering with Physical Evidence: In some jurisdictions, these detailed notes could be considered evidence, and destroying them would be tampering with evidence.
Increased Scrutiny:
- Mandatory Reporting: Many states have mandatory reporting laws that require clergy members to report suspected child abuse to the authorities. The specific details in the notes would likely trigger this mandatory reporting obligation.
- Clergy-Penitent Privilege: Some states have a clergy-penitent privilege, which protects confidential communications between a member of the clergy and someone seeking spiritual guidance. However, this privilege typically has exceptions for crimes, and child abuse is a serious crime.
Ethical and Religious Concerns:
- Breach of Trust: Destroying the notes is a clear breach of trust with the victim who confided in the clergy member.
- Duty to Protect: Most religions emphasize protecting the vulnerable, and destroying evidence of abuse could be seen as a violation of this duty.
Legal Department Involvement:
- Protecting the Institution: The religious institution's legal department might prioritize protecting the institution from legal liability. However, this could come at the cost of obstructing justice and failing to protect the victim.
What the Victim Can Do:
- Report the Abuse: The victim can still report the abuse directly to law enforcement. Even without the detailed notes, their testimony is valuable evidence.
- Seek Legal Counsel: An attorney can advise the victim on their legal rights and options, which could include pursuing a civil lawsuit against the clergy member or the institution.
Overall:
Destroying the notes is a serious issue with potential legal and ethical consequences. While the religious institution may try to shield itself from liability, the priority should be protecting the victim and ensuring justice is served.