| Bishops say revised policy strengthens child
protections
By JOE FEUERHERD
Washington
While insisting that even a single act of sex abuse of a child by
a priest will trigger permanent removal from ministry, the U.S. bishops adopted
child protection polices Nov. 13 that also acknowledge the right of accused
priests to a formal church trial.
The revised norms -- approved by a vote of 246-7 -- respond to
concerns raised by Vatican officials that the bishops’ previous policy,
adopted last June, violated canon law due process requirements.
Bishops asserted that the revised norms do not weaken requirements
to report sex abuse allegations to civil and criminal authorities, and to
cooperate with resulting investigations. The strong defense of the revised
policies comes as critics contend the changes, worked out over two days of late
October meetings in Rome, are a step back from the zero-tolerance policy
adopted by the U.S. bishops in June.
Chicago Cardinal Francis George, for example, said the revisions
deal exclusively with the procedures for removing an abusive priest from public
ministry. The changes provide a “stable juridical framework” to
implement those policies, said George, a member of the U.S./Vatican “mixed
commission” that drafted the changes.
The status of a priest who committed sexual abuse against a minor
many years ago -- and has subsequently reformed and engaged in exemplary
ministry -- prompted discussion.
Brooklyn Auxiliary Bishop Joseph Sullivan asked if such a priest
has a “sliver of a hope” of reinstatement to public ministry.
Similarly, Evansville, Ind., Bishop Gerald Gettelfinger said he is “pained
by those who have sinned and have been able to show that they can change,”
but who are unable to return to ministry.
Rockford, Ill., Bishop Thomas Doran offered a definitive response:
A priest found to have engaged in sexual abuse “will not be allowed to
resume active ministry under any circumstances” either through the
findings of a tribunal, or through administrative action taken by a bishop
following a trial. “The commitment of the bishops of the United States to
the protection of children and young persons remains absolutely firm,”
said Bridgeport, Conn., Bishop William Lori, a member of the mixed
commission.
Under the revised policies:
- Sexual abuse is defined as an “external, objectively grave
violation of the Sixth Commandment.” In the June document, abuse was
defined as “contacts or interactions between a child and an adult when the
child is being used as an object of sexual gratification for the adult.”
The latter definition was considered overly broad by some Vatican officials and
American canon lawyers. The new definition means that priests cannot be removed
from ministry for “what [they] think,” but only for “external
actions that are sinful,” said Dallas Coadjutor Bishop Joseph Galante.
Church courts will have to work out on a case-by-case basis exactly which
behaviors meet the standard.
- Bishops would be required to ask Rome for an exception to the
statute of limitations in canon law, which bars action against a priest accused
of abuse more than a decade after the alleged victim turned 18 years of age.
Accused priests would be suspended from active ministry pending acceptance of
the exemption request.
- Priests from religious orders would be explicitly covered by
the new procedures, a policy George said was “implicit” in the
previous policy.
Under the new policy, a diocesan review board would consider the
credibility of the charges prior to referring the case to trial. The structure
of the tribunals that would hear such cases remains an open question -- with
some bishops suggesting that there should be national panels to ensure fairness
across diocesan boundaries.
The norms must be formally approved by the Vatican to become
“particular law” in the United States, though that is considered a
foregone conclusion.
Meanwhile, the bishops also approved a “Statement of
Episcopal Commitment” in which they acknowledged “mistakes in the
past when bishops have transferred priests who had abused minors from one
assignment to another.” Said the bishops, “We recognize our role in
the suffering this has caused, and we apologize for it.”
Joe Feuerherd is NCR Washington correspondent. His
e-mail address is jfeuerherd@natcath.org
National Catholic Reporter, November 22,
2002
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