Vatican deserves praise for publishing policies regarding clergy abuse of minors Commentary
Vatican deserves praise for publishing policies regarding clergy abuse of minors
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J. Michael Ritty [Partner, Canon Law Professionals]: "Any sexual abuse of a minor by a cleric is a terrible crime both in canon law and in secular law. At the same time, the presence of a charge of sexually abusing a minor does not mean that an accused cleric loses the right to due process or the right to be considered innocent until proven guilty in a penal process.

The Vatican does deserve a measure of praise for being more forthcoming about its policies and procedures and for publishing them on its website. The Guide puts into more understandable language the path to be followed. It is worth observing that Msgr. Scicluna's document about the procedure and praxis of the CDF regarding cases of graviora delicta (which includes clergy sexual abuse of minors) has been around since 2005, but it is good to see it gathered with the other pertinent documents.

I have been working with a number of cases of priests accused of sexual misconduct for quite some time. In April 2001, Pope John Paul II promulgated Sacramentorum Sanctitatis Tutella (SST). There were some minor revisions in November 2002 that helped expand these procedures and make it easier to implement and use them. It should be noted that this document was prepared and published prior to the USCCB meeting in Dallas 2002 that developed the "Charter for the Protection of Children and Young People" and the "Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons."

While SST and the Essential Norms are considered part of the law of the Church in the United States, the Charter is not a law. Rather, it would be best described as a mutual agreement among the bishops and as a guide that bishops should use as they deal with cases of abuse.

There were two recent documents, "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations" and "The Procedure and Praxis of the Congregation for the Doctrine of the Faith regarding Graviora Delicta," placed on the Vatican website. Based on my work with CDF and with over 100 US dioceses, I have seen little change in the procedures over the last 10 years. CDF has followed this procedure and praxis diligently. Dioceses have continued to develop policies for reviewing cases within the diocese.

I have met with Monsignor Scicluna and other CDF officials and have found them to be most helpful to me and most concerned that the law is followed and that justice is obtained. For those cases in which a person is guilty of abuse, they must be appropriately punished. In cases where an accused is found innocent, they must be declared as such and where possible returned to ministry. Sadly, sometimes it is not possible for an innocent priest to be returned to ministry because of the publicity and emotion surrounding a case.

I would note that in my case load about 20% of those accused have been cleared of the charges brought against them. I would also note anecdotally that many of those who are guilty of multiple violations often have many more false accusations raised against them. Yet, for most who are accused of sexual abuse, the stigma often remains even after it has been shown that they are not guilty. There have been cases where civil law attorneys or insurance adjusters have advised bishops to keep anyone who has been accused of sexual abuse out of any ministry even if they are found innocent of the charges.

In summary, while there are times that I would like to have a greater transparency in this process and I would like to see this process move more quickly, the process works. If there is a failure at any point, that failure usually occurs with an over-zealous diocesan official who acts on the belief that any and all allegations are automatically true regardless of the facts of the case."

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