Vatican expects bishops to comply with civil laws on reporting abuse
VATICAN CITY (CNS) -- Vatican officials are concerned that the church's longstanding insistence on confidentiality in its treatment of priestly sexual abuse cases is being misinterpreted as a ban on reporting serious accusations to civil authorities.
As past episodes and accusations of abuse have come to light recently in Germany, Austria and the Netherlands, media attention has focused in part on what kind of guidance or instructions local bishops received from the Vatican on how to handle such cases.
An increasingly widespread impression -- and a mistaken one, Vatican officials say -- is that Pope Benedict XVI himself, when he headed the Vatican's doctrinal congregation, ordered bishops not to inform civil authorities about accusations of sexual abuse by priests.
The issue surfaced March 8 when Germany's justice minister, Sabine Leutheusser-Schnarrenberger, said that as Cardinal Joseph Ratzinger, the pope had in 2001 written a directive that said serious sex abuse cases "are not supposed to be divulged outside the church."
The minister's reference was to the 2001 document, "De delictis gravioribus" ("On more serious crimes"), which gave the Congregation for the Doctrine of the Faith juridical control over how the church handles cases of sexual abuse of minors by priests. It was seen inside the Vatican as an important tool in making sure perpetrators were discovered and brought to justice.
But much media attention has focused on the fact that the 2001 document said such cases were covered by "pontifical secret," which meant they would be handled in strict confidentiality. Critics saw that as a way for the church to hide accusations from civil authorities.
Vatican officials said it was important for people to know that the confidentiality imposed on the church's internal handling of abuse cases does not exempt bishops or others from reporting serious facts and accusations to civil authorities. They emphasized that the Vatican document dealt with how church law treats such cases, not as a substitute for civil law, which deals with the crime separately.
"The purpose of 'pontifical secret' here was to respect the rights of the accused and of the witnesses, including the victim, to confidentiality," said one informed Vatican official. He said civil law often has similar provisions to protect confidentiality when a potential crime is under investigation.
"But this is an ecclesiastical law. It does not affect the duty to obey civil law," he added.
The official said the Vatican has never given bishops directives against cooperation with competent civil authorities. On the contrary, he said, the Vatican expects local bishops to comply with laws that mandate reporting of sex abuse allegations.
For example, the U.S. bishops' norms on sexual abuse, which were revised and approved by the Vatican in 2002, stated clearly: "The diocese/eparchy will comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and will cooperate in their investigation." In many cases, civil law mandates that church authorities report such allegations.
But even as the Vatican has made it clear that bishops are not above the law, it has not encouraged local bishops to act as volunteer reporting agents for the state every time an accusation of sexual abuse is made.
Cardinal Claudio Hummes, head of the Congregation for Clergy, said in a recent interview that instances of sexual abuse by priests were "criminal facts" as well as serious sins, and require cooperation with the civil justice system.
"Once the evil deed has been objectively proven, one must resolutely pursue (the case) to the very end by also turning to ordinary justice," he said.
Copyright © 2010 Catholic News Service/U.S. Conference of Catholic Bishops
Compliance with civil laws
By Anonymous (not verified) on Thursday, March 11, 2010Vatican expects bishops to comply with civil laws on reporting abuse. Where have we heard that statement before? Actions speak louder than words and it seems Pope Benedict is full of elegant speeches. This man takes little action and does not appear to accept responsibility for the problem of suspected sex crimes within the Catholic church.
Vatican Expects Bishops to Comply
By Kay Goodnow (not verified) on Wednesday, March 10, 2010Consider for a moment, what has happened to Toyota. They have had to admit that they knew their cars were dangerous, and they concealed that information to protect the company. They stepped up to bat and presented a plan to repair the damage done, and it will cost them millions.
Because they admitted their guilt, and stated that they will try to restore their credibility by making things right for their victims, they may just succeed.
Human lives are priceless, shattered lives will never be the same. Toyota, at least, picked on people old enough to know how to drive. The corporate church, on the other hand, picks on the most vulnerable, covers it up and expects credibility. Papal Bull is totally unacceptable.
The Vatican's statements,
By Amos (not verified) on Wednesday, March 10, 2010The Vatican's statements, trying to divest itself from it's own statements, has become more and more risible and incredible. In Winston Churchill's words, the Vatican, viz. the pope and his curia, are "a riddle wrapped in a mystery inside an enigma." Diplomacy is a virtue; duplicity is a vice. The Vatican, verifiably, identifies significantly with latter!
The Evidence in Every Nation, Worldwide, Speaks for Itself!
By Jeannie Cole (not verified) on Wednesday, March 10, 2010First there was Crimen Sollicitationis. Then there was De Delictis Gravioribus, put out by Cardinal Ratzinger when he was head of the CDF. Both documents have been thoroughly investigated by Civil Lawyers and by Canon Lawyers. The public's interpretation of both documents can't be called, "A Mistake," by any stretch of the imagination, unless one is a member of the Magisterium! Both documents promoted cover-ups, complete with threats of excommunication, which most cradle-Catholics take very seriously, for their eternal salvation isn't in the hands of God, but rather in the hands of a wrathful Church. It has been proven in the Ryan and Murray Reports that the Church's main concern was to protect Her assets and the reputation of the Holy Catholic Apostolic Church and Her priests, rather than the most vulnerable members of the Church. Now, the next thing the Church will cry and claim is persecution, because Her damnable letters to bishops has been "Misinterpreted!" I hope that She will finally do so, in World Court, which like the Nuremburg Trials will answer the question once and for all!
The Evidence in every country speaks for itself
By Kay Goodnow (not verified) on Wednesday, March 10, 2010Excellent! Says it all! Sincere best wishes to you!
Vatican and bishops reporting
By Gabe (not verified) on Wednesday, March 10, 2010It seems that it is about time the Vatican stopped putting the blame everywhere but where it truly rests - right in the pope's lap. Benedict talks a good talk, but when it comes right down to it, he takes no action at all. Why doesn't he send out another missive to the bishops that they must, under penalty of losing their bishopric - report any sexual abuse that they have knowledge. However, that would again have to start with the pope, because he is the one who kept it all under his miter when he was Cardinal Ratzinger.
WHERE DOES THE BUCK STOP?
By Sister Maureen Paul Turlish (not verified) on Wednesday, March 10, 2010WHERE DOES THE BUCK STOP?
In a press release by the Holy See's Director Fr. Federico Lombardi SJ on March 9, 2010, "concerning cases of the sexual abuse of minors in ecclesiastical institutions," Lombardi parrots the Holy See's predictable responses to the church's widening problems of sexual abuse, particularly that of minor children.
http://212.77.1.245/news_services/press/vis/dinamiche/a0_en.htm
The institutional Roman Catholic church has reacted to the continuing sexual abuse debacle neither rapidly nor decisively, contrary to what Lombardi states. The Vatican has attempted to distance itself from what has happened in country after country, first categorizing it as an "American problem," then as a "homosexual problem."
Read the entire article at: http://reform-network.net/?p=2835
Sister Maureen Paul Turlish
Victims' Advocate
New Castle, Delaware, USA
maureenpaulturlish@yahoo.com
church abuse policies
By david clohessy (not verified) on Wednesday, March 10, 2010It matters less what official policies say. It matters more what officials actually do. And regardless of what's written on paper, most bishops do not report known or suspected child sex crimes to secular authorities.
And why should they? Virtually no bishop has ever been disciplined for keeping clergy sex crimes hidden.
David Clohessy, National Director, SNAP-Survivors Network of those Abused by Priests, 7234 Arsenal Street, St. Louis MO 63143 (314 566 9790), SNAPnetwork.org, SNAPclohessy@aol.com


