Catholic Church and Pedophilia (VIII)

1962

Cardinal Alfredo Ottaviani, Secretary of the Sacred Congregation of the Holy Office, sent a letter which became known as the Crimen sollicitationis. In this letter, addressed to "all Patriarchs, Archbishops, Bishops and other Local Ordinaries, including those of Eastern Rite", the Holy Office laid down procedures to be followed in dealing with cases of clerics (priests or bishops) of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents; its rules were more specific than the generic ones in the Code of Canon Law.

In addition, it instructed that the same procedures be used when dealing with denunciations of homosexual, pedophile or zoophile behaviour by clerics. It repeated the rule that any Catholic who failed for over a month to denounce a priest who had made such advances in connection with confession was automatically excommunicated and could be absolved only after actually denouncing the priest to the Ordinary of the place or to the Holy Congregation of the Holy Office, or at least promising seriously to do so.

1983

The Vatican promulgated a revised Code of Canon Law which included a canon (1395, §2) which explicitly named sex with a minor by clerics as a canonical crime "to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants." According to De delictis gravioribus, the letter sent in May 2001 by then Cardinal Joseph Ratzinger (who later became Pope Benedict XVI) – Prefect of the Congregation for the Doctrine of the Faith, and according to Father Thomas Patrick Doyle, who has served as an expert witness on Pontifical Canon Law, Crimen Sollicitationis was in force until May 2001.

2001

In April, Pope John Paul II issued a letter stating that "a sin against the Sixth Commandment of the Decalogue by a cleric with a minor under 18 years of age is to be considered a grave sin, or 'delictum gravius.'"  In the letter, Sacramentorum sanctitatis tutela (Safeguarding the Sanctity of the Sacraments), "§1 Reservation to the Congregation for the Doctrine of the Faith (CDF) is also extended to a delict against the sixth commandment of the Decalogue committed by a cleric with a minor below the age of eighteen years. §2 One who has perpetrated the delict mentioned in §1 is to be punished according to the gravity of the offense, not excluding dismissal or deposition."  In other words, the CDF was given a broader mandate to address the sex abuse cases only from 2001 – prior to that date, the 1917 Code of Canon Law permitted sexual abuse cases by the clergy to be handled by the Congregation, for the Congregation to open cases itself, or for the Ordinary to handle judgement. All priestly sex crimes cases were placed under the CDF which, in the majority of cases, then recommended immediate action.

The "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations" explain briefly the procedures which have been derived from the 1983 Code of Canon Law and put in place since 30 April (the same day).  Among the points made:

Every allegation of sexual abuse of a minor by a priest is investigated by the local diocese and, if there is even a "semblance of truth" the case is referred to the Vatican CDF. "The local bishop always retains power to protect children by restricting the activities of any priest in his diocese."

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

The CDF may authorize the local bishop to try the case. If a priest (who has the right of appeal to the CDF) is found guilty, a number of canonical penalties are possible, including dismissal from the clerical state. "The question of damages can also be treated directly during these procedures."

Some cases can be referred directly to the Pope, who can issue a decree of dismissal from the priesthood ex officio.

Other disciplinary measures short of dismissal are available where the priest has undertaken to live a life of prayer and penance, but he can be dismissed if he breaks the conditions imposed.

The CDF continues to update the 2001 law (Motu Proprio Sacramentorum Sanctitatis tutela) in the light of special faculties granted to the CDF by Popes John Paul II and Benedict XVI.

In May, in line with the 1983 Code of Canon Law and the 1990 Code of Canons of the Eastern Churches, a letter from the CDF was sent to the Catholic bishops.

2002

The Vatican instituted reforms to prevent future United States abuse by requiring background checks for all church employees who have contact with children.  Since then, in the US, over 2 million volunteers and employees; 52,000 clerics; 6,205 candidates for ordination have had their backgrounds evaluated.

In June, the USCCB established the "Charter for the Protection of Children and Young People", a comprehensive set of procedures for addressing allegations of sexual abuse of minors by Catholic clergy. 

2003

Pope John Paul II stated that "there is no place in the priesthood and religious life for those who would harm the young".

In April, the Pontifical Academy for Life organized a three-day conference, entitled "Abuse of Children and Young People by Catholic Priests and Religious", where eight non-Catholic psychiatric experts were invited to speak to near all Vatican dicasteries' representatives. The panel of experts overwhelmingly opposed implementation of policies of "zero-tolerance" such as was proposed by the US Conference of Catholic Bishops. One expert called such policies a "case of overkill" since they do not permit flexibility to allow for differences among individual cases.

2004

In June, Louisville, Kentucky lawyer William McMurry filed suit against the Vatican on behalf of three men alleging abuse as far back as 1928, accusing church leaders of organizing a cover-up of cases of sexual abuse of children.

2005

In August, Pope Benedict was personally accused in a lawsuit of conspiring to cover up the molestation of three boys in Texas by Juan Carlos Patino-Arango in Archdiocese of Galveston-Houston. He sought and obtained immunity from prosecution as head of state of the Holy See. The Department of State "recognize[d] and allow[ed] the immunity of Pope Benedict XVI from this suit."  

In November, the Vatican published Criteria for the Discernment of Vocation for Persons with Homosexual Tendencies, issuing new rules which forbid ordination of men with "deep-seated homosexual tendencies." While the preparation for this document had started ten years before its publication, this instruction is seen as an official answer by the Catholic Church to what was seen as a "pedophile priest" crisis.  The US National Review Board cited the preponderance of adolescent males among the victims of clerical sexual abuse of minors in its report. The document was criticized by the National Association of Catholic Diocesan Lesbian and Gay Ministries for what some see as its implying that homosexuality is tied to the sexual abuse of children.

2007

Archbishop Csaba Ternyak, secretary of the Congregation for Clergy, put the following question to the experts: "[T]o what degree one can talk about the rehabilitation of the offender, what are the most effective methods of treatment, and on what grounds we can say that a person who has never offended is at risk to sexually molest someone?"

Ternyak spoke about the way that the crisis had damaged the priest-bishop relationship. He noted that there was a "sense of gloom" felt by the overwhelming majority of priests who had not been accused of any abuse but nonetheless who perceived that their bishops had turned against them and therefore had "become disillusioned about the effectiveness of the laws of the Church to defend their dignity and their inalienable rights". Ternyak also noted that "there have been more than a few suicides among accused priests."

2008

In April, during a visit to the United States, Pope Benedict admitted that he was "deeply ashamed" of the clergy sex abuse scandal that has devastated the American church. Benedict pledged that pedophiles would not be priests in the Roman Catholic Church.  Pope Benedict also apologized for child abuse scandal in Australia.

In November, the United States Court of Appeals in Cincinnati denied the Vatican's claim of sovereign immunity, and allowed a lawsuit against the Catholic Church government by three men who claim they were sexually abused as children by priests in the Louisville, Kentucky, US archdiocese to proceed. The Vatican did not appeal the ruling.

2009

Two researchers reported that abuse cases had "steeply declined" after 1985 and that responses to abuse had changed substantially over 50 years, with suspension becoming more common than reinstatement.

In a statement, read by Archbishop Silvano Maria Tomasi at a meeting of the United Nations Human Rights Council in Geneva on 22 September 2009, the Holy See stated that the majority of Catholic clergy who had committed acts of sexual abuse against under-18-year-olds should not be viewed as pedophiles, but as homosexuals who are attracted to sex with adolescent males. The statement said that rather than pedophilia, "it would be more correct to speak of ephebophilia; being a homosexual attraction to adolescent males ... Of all priests involved in the abuses, 80 to 90% belong to this sexual orientation minority which is sexually engaged with adolescent boys between the ages of 11 and 17."

However, Margaret Smith and Karen Terry, two researchers who worked on the John Jay Report, cautioned against equating the high incidence of abuse by priests against boys with homosexuality, calling it an oversimplification and "an unwarranted conclusion" to assert that the majority of priests who abused male victims are gay. Though "the majority of the abusive acts were homosexual in nature ... participation in homosexual acts is not the same as sexual identity as a gay man." She further stated that "the idea of sexual identity [should] be separated from the problem of sexual abuse... [A]t this point, we do not find a connection between homosexual identity and the increased likelihood of subsequent abuse from the data that we have right now." Tomasi's move angered many gay rights organisations, who claimed it was an attempt by the Vatican to redefine the Church's past problems with pedophilia as problems with homosexuality.

Empirical research shows that sexual orientation does not affect the likelihood that people will abuse children.  Many child molesters cannot be characterized as having an adult sexual orientation at all; they are fixated on children.

2010

In April 2010, in response to extensive negative publicity and criticism of the Pope, the Vatican entered what the Associated Press called "full damage control mode".  Cardinal Tarcisio Bertone, the Vatican's secretary of state, during a visit to Chile, linked the scandal to homosexuality.  In response to widespread criticism of that statement, Vatican spokesman Federico Lombardi said Bertone's statement went outside the remit of church authorities, while maintaining that "the statement was aimed at 'clarifying' Cardinal Bertone's remarks and should not be seen as the Holy See 'distancing' itself from them." He also noted that 10 per cent of the cases concerned paedophilia in the "strict sense", and the other 90 per cent concerned sex between priests and adolescents. Giovanni Maria Vian, editor of L'Osservatore Romano, the Vatican's official newspaper, said the continuing criticism of Pope Benedict XVI and the Vatican in handling the clerical sex abuse crisis is part of a media campaign to sell newspapers.  The Pope issued a statement that the "Church must do penance for abuse cases".

Msgr. Charles J. Scicluna explained in an interview with the Italian newspaper "Avvenire": "Between 1975 and 1985 I do not believe that any cases of pedophilia committed by priests were brought to the attention of our Congregation. Moreover, following the promulgation of the 1983 Code of Canon Law, there was a period of uncertainty as to which of the "delicta graviora" were reserved to the competency of this dicastery. Only with the 2001 "Motu Proprio" did the crime of pedophilia again become our exclusive remit... In the years (2001–2010) the Congregation for the Doctrine of the Faith (CDF) had "considered accusations concerning around three thousand cases of diocesan and religious priests, which refer to crimes committed over the last fifty years."

Pope Benedict issued an apology to those who had suffered from child abuse in Ireland in March 2010.  The letter stated that the Pope was "truly sorry" for what they had suffered, and that "nothing can undo the wrong you have endured. Your trust has been betrayed and your dignity violated." Nevertheless, the letter was not enough to satisfy many critics, who felt that the letter failed to address their concerns, and mistakenly presented the abuse as an issue within the Church in Ireland, rather than acknowledging that it was a systemic problem.

In July 2010 the Vatican issued a document to clarify their position. They doubled the length of time after the 18th birthday of the victim that clergymen can be tried in a church court and to streamline the processes for removing abusive priests.  However, the new rules were less strict than those already in place in the United States and lacked the clarity that pedophilia is a civil offense of the existing rules there.

2011

In May, the Vatican published new guidelines, drawn up by Cardinal William Levada, the head of the Congregation of the Doctrine of the Faith, on dealing with the clergy sexual abuse cases.  The guidelines tell the bishops and heads of Catholic religious orders worldwide to develop "clear and coordinated" procedures for dealing with the sexual abuse allegation by May 2012.  The guidelines instruct the bishops to cooperate with the police and respect the relevant local laws in investigating and reporting allegations of sexual abuse by the clergy to the civic authorities, but do not make such reporting mandatory. The guidelines also reinforce bishops' exclusive authority in dealing with abuse cases. Victims advocacy groups criticized the new guidelines as insufficient, arguing that the recommendations do not have the status of church law and do not provide any specific enforcement mechanisms.

2014

The Pontifical Commission for the Protection of Minors (Italian: Pontificia Commissione per la Tutela dei Minori) was instituted by Pope Francis on 22 March 2014 for the safeguarding of minors.  It is headed by Boston's cardinal archbishop, Sean P. O'Malley, O.F.M. Cap..

In November 2014, Pope Francis laicized and excommunicated abusive priest Father Jose Mercau of Argentina.

2018

At the beginning of 2018, Francis denied overwhelming reports of widespread sexual abuse by priests in Chile. In the face of the resulting outcry, he introduced an investigation that led to every bishop in Chile submitting his resignation; only a few of these were accepted, however.

At mid-year, amidst a series of abuse scandals in many countries, including the revelation that over a 50-year period, more than 300 priests were plausibly accused of abuse in the state of Pennsylvania alone, Pope Francis spoke of his "shame", without however offering concrete steps to remove abusive priests or sanction those who took part in cover-ups.

2019

From 21 to 24 February 2019, a four-day Catholic Church summit meeting was held in Vatican City, called the Meeting on the Protection of Minors in the Church (Italian: Incontro su “La Protezione dei Minori nella Chiesa”) with the participation of the presidents of all the episcopal conferences of the world to discuss preventing sexual abuse by Catholic Church clergy.

On March 26, 2019, one month after the summit was held, Pope Francis adopted:

·         Vatican Law No. CCXCVII On the protection of minors and vulnerable persons;

·         the Motu Proprio On the protection of minors and vulnerable persons;

·         the Guidelines of the Vicariate of Vatican City on the protection of minors and vulnerable persons.

According to Andrea Tornielli, these:

Are very specific laws, norms and indications destined, first of all, for those to whom they are addressed: in fact, they concern only Vatican City State, where a large number of priests and religious work, but where there are very few children. Although they have been conceived and written for a unique reality, in which the highest religious authority is also the sovereign and legislator, these three documents contain exemplary indications that take into account the most advanced international parameters."

Law No. CCXCVII requires Vatican City officials, including those in the Roman Curia, and diplomatic personnel of the Holy See, such as the Apostolic Nuncios, to report sex abuse.  Failure to do so can result in a fine of up to 5,000 euros (about $5,600) or, in the case of a Vatican gendarme, up to six months in prison.  In addition, all crimes related to child abuse, including mistreatment, are persecutable “ex officio”, even when the purported victim does not file an official report. The law also extends the statute of limitations to 20-year prescription that, in the case of and offence against a minor, begin to count from on his or her eighteenth birthday. In addition, the Governorate of the Vatican City State is required to set up, within the Vatican Department of Health and Welfare, service to support and assist the victims of abuse, providing them with medical and psychological assistance and informing them of their rights and of how to enforce them.

The motu proprio extends the application of the Vatican law to the Roman Curia and its personnel. It requires that, when recruiting staff, the candidate's suitability to interact with minors must be ascertained.

The Guidelines for the Vicariate of Vatican City are addressed to the canons, parish priests and coadjutors of the two parishes located within the Vatican, as well as to the priests, deacons and educators of the Saint Pius X Pre-Seminary, to all the religious men and women who reside in the Vatican, and to all those who work within the ecclesiastical community of the Vicariate of Vatican City. The guidelines require that, in the course of pastoral activities, those persons must always be visible to others when they are in the presence of minors, and that it is strictly forbidden to establish a preferential relationship with a single minor, to address a minor in an offensive way or to engage in inappropriate or sexually allusive conduct, to ask a minor to keep a secret, to photograph or to film a minor without the written consent of his parents. The Vicar of Vatican City has also the obligation to report to the Promoter of Justice any news of abuse that is not manifestly unfounded, and to remove the alleged perpetrator of the abuse from pastoral activities as a precautionary measure.