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Pope Francis Decrees New Rules for Reporting Abuse, but Not Penalties Pope Decrees First Global Rules for Reporting Abuse
(about 3 hours later)
ROME — Pope Francis introduced universal procedures on Thursday for reporting and investigating clerical sex abuse, an issue that has haunted his papacy and devastated the Roman Catholic Church he has sought to remake. ROME — Pope Francis on Thursday introduced the Roman Catholic Church’s first worldwide law requiring officials to report and investigate clerical sex abuse and its cover-up, issues that have haunted his papacy and devastated the church he has sought to remake.
The new norms, delivered in a Motu Proprio, or law decreed by the pope himself, come into force on June 1 and are experimental, in that they will be re-evaluated after a three-year trial period.The new norms, delivered in a Motu Proprio, or law decreed by the pope himself, come into force on June 1 and are experimental, in that they will be re-evaluated after a three-year trial period.
The law, titled “Vos estis lux mundi,” or “You are the light of the world,” relates to the sexual abuse of minors under the age of 18, of vulnerable adults who are physically or mentally disabled and of people who are taken advantage of because they find themselves in positions in which they cannot exercise their full autonomy. They also extend to the creation, possession or use of child pornography. The law, titled “Vos estis lux mundi,” or “You are the light of the world,” obligates bishops or other church officials to report any credible accusation of abuse to their superiors.
Vatican officials and supporters of Francis said that in giving all local churches rules on how to report misbehavior, he was in effect writing accountability for bishops into church law. Until now, reporting and investigation practices have differed widely from country to country, or even diocese to diocese.
The law relates to the sexual abuse of minors under the age of 18, of vulnerable adults who are physically or mentally disabled and of people who are taken advantage of because they find themselves in positions in which they cannot exercise their full autonomy. It also extends to the creation, possession or use of child pornography.
If those crimes are covered up by bishops or other church officials, or if those officials “intended to interfere with or avoid civil investigations or canonical investigations,” Francis writes, then they will also be subject to investigation.If those crimes are covered up by bishops or other church officials, or if those officials “intended to interfere with or avoid civil investigations or canonical investigations,” Francis writes, then they will also be subject to investigation.
Victims of abuse and their advocates are likely to be underwhelmed by the new norms, which are silent on the penalties for abuse and its cover-up and instead focus merely on reporting procedures. The church’s failure to hold bishops and senior clerics accountable for covering up sexual abuse has fueled enormous frustration and backlash inside and outside the church.
The church’s failure to hold bishops and senior clerics accountable for covering up sexual abuse has fueled enormous frustration and backlash inside the church.
Francis acknowledged that damage in the new law.Francis acknowledged that damage in the new law.
To ensure that clerical abuses “in all their forms, never happen again, a continuous and profound conversion of hearts is needed, attested by concrete and effective actions that involve everyone in the Church,” Francis wrote. He added: “Even if so much has already been accomplished, we must continue to learn from the bitter lessons of the past, looking with hope toward the future.” To ensure that clerical abuses “in all their forms, never happen again, a continuous and profound conversion of hearts is needed, attested by concrete and effective actions that involve everyone in the Church,” Francis wrote. “Therefore, it is good that procedures be universally adopted to prevent and combat these crimes that betray the trust of the faithful,” he added.
One lesson learned painfully over the decades of the sexual abuse crisis was that the problem was systemic — if bishops were not held accountable for covering up abuse, then the problem could not be solved. Victims of abuse and their advocates are likely to be underwhelmed by the new norms, which do not address the church trials or penalties for abuse and its cover-up, and instead focus on reporting procedures. For the frustrated faithful and others infuriated by church inaction in addressing abuse, the new law was a modest and long-overdue application of common sense.
“Therefore, it is good that procedures be universally adopted to prevent and combat these crimes that betray the trust of the faithful,” Francis wrote, putting the ultimate responsibility for confronting abuse onto his bishops around the world. But on Thursday, the church’s top investigator of sex crimes, Archbishop Charles Scicluna of Malta, said at a Vatican news conference that the new law represented a significant step forward. Supporters of Francis said that the law faced much opposition within the Vatican, where many either remain unconvinced that abuse is a widespread problem or believe that it has already been solved.
Soon after he was elected in 2013, Francis suggested that he would remedy the erosion of trust caused by the abuse scandals, but change has been slow. Instead, Francis has stumbled at times, saying that he believed bishops over victims, pulling the plug on a new church body intended to hold bishops accountable and failing to take decisive action. Archbishop Scicluna said that the new universal law enforced a degree of accountability by obligating the reporting of abuse, including the misconduct of church leaders, and that it provided paths of reporting to make sure the complaints got through to the pope or to the relevant church authorities.
“No one in leadership is above the law, ”Archbishop Scicluna said, adding, “There is no immunity.”
Archbishop Scicluna said that decades of experience had shown a “misplaced interest in protecting the institution,” while the new law established “disclosure as the main policy of the church.”
The law does not require reporting to law enforcement authorities — as many critics, especially in the United States, have demanded — though it allows national bishops’ conferences to enact such policies. Archbishop Scicluna said that “it would be a good thing” for people to go to the police.
Church officials have argued that a universal requirement to do so was unthinkable, because in some parts of the world, reporting child sexual abuse — particularly same-sex abuse — would result in priests being killed.
Archbishop Scicluna said that the universal law had to factor in the vast array of cultures represented in more than 200 countries.
“It can’t be too strict,” he said. “Because otherwise it will be inoperative.”
Soon after he was elected in 2013, Francis suggested that he would remedy the erosion of trust caused by the abuse scandals, but change has been slow. Instead, Francis has occasionally stumbled, saying at times that he believed bishops over victims, pulling the plug on a new church body intended to hold bishops accountable and failing to take decisive action.
Many victims of sexual abuse have said that they consider his talk empty. Their anger boiled over last year, amid grand jury reports and investigations into widespread clerical abuse in the United States, where one of the country’s top cardinals, Theodore E. McCarrick, was ultimately kicked out of the priesthood by Francis for his abuse. Scandals also flared up in Chile and in Australia, where Cardinal George Pell, a former close adviser of Francis and top Vatican official, was sentenced in March to six years in prison for sexual abuse.Many victims of sexual abuse have said that they consider his talk empty. Their anger boiled over last year, amid grand jury reports and investigations into widespread clerical abuse in the United States, where one of the country’s top cardinals, Theodore E. McCarrick, was ultimately kicked out of the priesthood by Francis for his abuse. Scandals also flared up in Chile and in Australia, where Cardinal George Pell, a former close adviser of Francis and top Vatican official, was sentenced in March to six years in prison for sexual abuse.
Enemies of Francis within the church, who think his inclusive approach is damaging, have seized on the abuse crisis as a cudgel, at one point demanding the pope’s resignation for his covering up of Mr. McCarrick’s actions and those of other abusive clerics. That allegation has not been proved.Enemies of Francis within the church, who think his inclusive approach is damaging, have seized on the abuse crisis as a cudgel, at one point demanding the pope’s resignation for his covering up of Mr. McCarrick’s actions and those of other abusive clerics. That allegation has not been proved.
In response to the pressure, Francis this year convened a landmark meeting in the Vatican with global church leaders to educate them about a widespread phenomenon that many of them still denied, played down or seemed to misunderstand.In response to the pressure, Francis this year convened a landmark meeting in the Vatican with global church leaders to educate them about a widespread phenomenon that many of them still denied, played down or seemed to misunderstand.
The Vatican press office said the law announced on Thursday was the product of reflection during and after the February meeting, and represented “a further commitment of the church in this area.”The Vatican press office said the law announced on Thursday was the product of reflection during and after the February meeting, and represented “a further commitment of the church in this area.”
Supporters of Francis, including his chief experts on tackling sexual abuse, expressed belief that, unless the pope had cooperation from the bishops, the law risked going unheeded, eroding his authority and leaving the scourge of abuse unaddressed.Supporters of Francis, including his chief experts on tackling sexual abuse, expressed belief that, unless the pope had cooperation from the bishops, the law risked going unheeded, eroding his authority and leaving the scourge of abuse unaddressed.
“I desire that this commitment be implemented in a fully ecclesial manner,” Francis wrote in the law, “so that it may express the communion that keeps us united, in mutual listening and open to the contributions of those who care deeply about this process of conversion.”“I desire that this commitment be implemented in a fully ecclesial manner,” Francis wrote in the law, “so that it may express the communion that keeps us united, in mutual listening and open to the contributions of those who care deeply about this process of conversion.”
Victims of child abuse and their advocates, many of whom sought the automatic defrocking of offending clerics and the prelates who covered up for them, said that they found the outcome of the February meeting in the Vatican deeply disappointing.Victims of child abuse and their advocates, many of whom sought the automatic defrocking of offending clerics and the prelates who covered up for them, said that they found the outcome of the February meeting in the Vatican deeply disappointing.
The temporary new law gives church dioceses a year to establish offices and procedures to facilitate the reporting of abuse and to safeguard the privacy and reputation of the abused.The temporary new law gives church dioceses a year to establish offices and procedures to facilitate the reporting of abuse and to safeguard the privacy and reputation of the abused.
Under the regulations, priests and other church officials with knowledge of a credible accusation of abuse are required to “promptly” report it to their superiors. The local archbishop or prelate will be in charge of the investigation, and a fund can be created to finance it.Under the regulations, priests and other church officials with knowledge of a credible accusation of abuse are required to “promptly” report it to their superiors. The local archbishop or prelate will be in charge of the investigation, and a fund can be created to finance it.
Advocates of having the top cleric in a region lead an investigation argue that it will enable the church to better investigate bishops and hold their own accountable.Advocates of having the top cleric in a region lead an investigation argue that it will enable the church to better investigate bishops and hold their own accountable.
The law encourages archbishops to include experts in the field — or “qualified persons” in the law’s parlance — to aid in investigations. If a prelate feels that there is a conflict of interest, he must recuse himself and kick the investigation up to the relevant Vatican department. The law allows archbishops to include experts in the field — or “qualified persons” in the law’s parlance — to aid in investigations. In certain cases a church leader could even delegate an investigation to a lay person. If a prelate feels that there is a conflict of interest, he must recuse himself and kick the investigation up to the relevant Vatican department.
The investigator should, according to the law, request “information from individuals and institutions, including civil institutions, that are able to provide useful elements for the investigation.”The investigator should, according to the law, request “information from individuals and institutions, including civil institutions, that are able to provide useful elements for the investigation.”
And Francis makes it clear that in no way should the church interfere with civil authorities.And Francis makes it clear that in no way should the church interfere with civil authorities.
“These norms apply without prejudice to the rights and obligations established in each place by state laws,” he writes, “particularly those concerning any reporting obligations to the competent civil authorities.”“These norms apply without prejudice to the rights and obligations established in each place by state laws,” he writes, “particularly those concerning any reporting obligations to the competent civil authorities.”
If papal ambassadors are accused, the Vatican’s Secretary of State will lead the investigation. Qualified lay people may assist in the investigation, which should be speedy, about 90 days, with possible extensions.
According to the new rules, the case would then be referred to the Congregation for the Doctrine of the Faith in the Vatican, the church’s chief doctrinal office, which already oversees abuse cases. Depending on where the abuse took place, other church departments, such as the Congregation for the Oriental Churches, may have jurisdiction.
Critics have worried that without a single department dedicated to abuse cases, the Vatican’s infamous bureaucracy will impede effective responses.Critics have worried that without a single department dedicated to abuse cases, the Vatican’s infamous bureaucracy will impede effective responses.
But Francis makes it clear there can be no effort to silence the alleged victims.But Francis makes it clear there can be no effort to silence the alleged victims.
“An obligation to keep silent may not be imposed on any person with regard to the contents of his or her report,” he writes, though he makes it clear that “the person under investigation enjoys the presumption of innocence.”“An obligation to keep silent may not be imposed on any person with regard to the contents of his or her report,” he writes, though he makes it clear that “the person under investigation enjoys the presumption of innocence.”
Archbishop Scicluna said in a brief interview on Thursday that when it came to the entire equation of solving abuse, the law related to the first parts of reporting and accusations.
For now, the penal part of the equation “stands and there is room for further development,” he said, including “if you are guilty and you have been condemned of sexual abuse of minors, you are disqualified from ministry.”
Asked if he expected Francis to issue such a development in church law, he said, “I hope so.”