After an Accusation, Here Is What Happens at the Vatican

Chiesa Online ^ | 4/13/10 | Sandro Magister

[marshmallow]

The guidelines of the congregation for the doctrine of the faith on the steps to be taken when sexual abuse against minors is alleged

ROME, April 13, 2010 – As of yesterday, the document reproduced below has been available on the Vatican website, summarizing the procedures in use for a few years in the Catholic Church in cases of sexual abuse against minors by persons in holy orders.

By minors is meant persons under the age of 18, while by acts of pedophilia is meant abuses committed against children who have not reached puberty.

Of the approximately three thousand allegations sent to the congregation for the doctrine of the faith from 2001 until today, of abuse against minors committed over the past fifty years, the cases of pedophilia strictly speaking are 10 percent of the total. 60 percent of the cases are of sexual attraction for adolescents of the same sex, while the remaining 30 percent involve relations with teenage girls.

Most of the cases examined have ended with administrative and disciplinary sanctions against the accused: a faster and more effective procedure than an actual legal trial.

For reporting abuse to the civil authorities, the Holy See orders that local laws be followed. This means that in countries with an Anglo-Saxon legal culture and in France, criminal charges are obligatory. Where this is not the case, the Holy See encourages the victims to approach the courts themselves.

The changes announced in the last paragraph of the document specifically concern the abolition of the statute of limitations, which since 2001 has been 10 years, starting from the victim's eighteenth birthday. Even now, however, the statute of limitations is not binding, and allegations are also accepted for actions that occurred longer ago.

So here is the text of the guidelines, in its official English version:

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Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations

The applicable law is the Motu Proprio "Sacramentorum sanctitatis tutela" (MP SST) of 30 April 2001 together with the 1983 Code of Canon Law. This is an introductory guide which may be helpful to lay persons and non-canonists.

A: Preliminary Procedures

The local diocese investigates every allegation of sexual abuse of a minor by a cleric.

If the allegation has a semblance of truth the case is referred to the CDF. The local bishop transmits all the necessary information to the CDF and expresses his opinion on the procedures to be followed and the measures to be adopted in the short and long term.

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

During the preliminary stage and until the case is concluded, the bishop may impose precautionary measures to safeguard the community, including the victims. Indeed, the local bishop always retains power to protect children by restricting the activities of any priest in his diocese. This is part of his ordinary authority, which he is encouraged to exercise to whatever extent is necessary to assure that children do not come to harm, and this power can be exercised at the bishop's discretion before, during and after any canonical proceeding.

B: Procedures authorized by the CDF

The CDF studies the case presented by the local bishop and also asks for supplementary information where necessary.

The CDF has a number of options:

B1 Penal Processes

The CDF may authorize the local bishop to conduct a judicial penal trial before a local Church tribunal. Any appeal in such cases would eventually be lodged to a tribunal of the CDF.

The CDF may authorize the local bishop to conduct an administrative penal process before a delegate of the local bishop assisted by two assessors. The accused priest is called to respond to the accusations and to review the evidence. The accused has a right to present recourse to the CDF against a decree condemning him to a canonical penalty. The decision of the Cardinals members of the CDF is final.

Should the cleric be judged guilty, both judicial and administrative penal processes can condemn a cleric to a number of canonical penalties, the most serious of which is dismissal from the clerical state. The question of damages can also be treated directly during these procedures.

B2 Cases referred directly to the Holy Father

In very grave cases where a civil criminal trial has found the cleric guilty of sexual abuse of minors or where the evidence is overwhelming, the CDF may choose to take the case directly to the Holy Father with the request that the Pope issue a decree of "ex officio" dismissal from the clerical state. There is no canonical remedy against such a papal decree.

The CDF also brings to the Holy Father requests by accused priests who, cognizant of their crimes, ask to be dispensed from the obligation of the priesthood and want to return to the lay state. The Holy Father grants these requests for the good of the Church ("pro bono Ecclesiae").

B3 Disciplinary Measures

In cases where the accused priest has admitted to his crimes and has accepted to live a life of prayer and penance, the CDF authorizes the local bishop to issue a decree prohibiting or restricting the public ministry of such a priest. Such decrees are imposed through a penal precept which would entail a canonical penalty for a violation of the conditions of the decree, not excluding dismissal from the clerical state. Administrative recourse to the CDF is possible against such decrees. The decision of the CDF is final.

C: Revision of MP SST

For some time the CDF has undertaken a revision of some of the articles of Motu Proprio "Sacramentorum Sanctitatis tutela," in order to update the said Motu Proprio of 2001 in the light of special faculties granted to the CDF by Popes John Paul II and Benedict XVI. The proposed modifications under discussion will not change the above-mentioned procedures (A, B1-B3).

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English translation by Matthew Sherry, Ballwin, Missouri, U.S.A

[RnMomof7]

Most of the cases examined have ended with administrative and disciplinary sanctions against the accused: a faster and more effective procedure than an actual legal trial.

ohh yea also a better way to hide the sin

[Antoninus]

ohh yea also a better way to hide the sin

Assuming the worst of others is a particularly Christ-like characteristic, isn't it?

[Campion]

ohh yea also a better way to hide the sin

If someone is being penalized ("administrative and disciplinary sanctions"), how is any sin being "hidden"?

Moreover, if this recommendation is being followed, the abuse has already been reported to the civil authorities and is being dealt with by them in a separate, secular process (a criminal trial, if appropriate).

So what's being "hidden," and who is it being hidden from?

[Campion]

Assuming the worst of others is a particularly Christ-like characteristic, isn't it?

"There you go again, driving out demons by the power of Beelzebub!"

[RnMomof7]

What would you call what has happened in the highest levels?

Sin is a result of the fall, we are all sinners saved by Gods grace, but we are not to hide that sin but acknowledge it and repent..not much of that going on in the church

They have been too busy sweeping it under the altar cloth

[Campion]

In other words, you aren’t really commenting on the article, just engaging in the usual denunciations and condemnations. Right?