Vatican Guidelines for Addressing Abuse of Minors
Cardinal Levada's Introduction to
Abuse Guidelines
VATICAN CITY, MAY 16, 2011 - Here is a Vatican translation
of the letter from Cardinal William Levada, prefect of the Congregation for the
Doctrine of the Faith, that was sent to all episcopal conferences as an
introduction to the "Circular Letter to Assist Episcopal Conferences in
Developing Guidelines for Dealing With Cases of Sexual Abuse of Minors
Perpetrated by Clerics." Both documents were published by the Vatican press
office.
* * *
Your Eminence, Your Excellency,
As you are aware, on 21 May 2010, His Holiness, Benedict
XVI promulgated a revised version of the motu proprio Sacramentorum sanctitatis
tutela containing norms concerning delicta graviora,including the sexual abuse
of minors by members of the clergy.
In order to facilitate the correct application of these
norms and other issues related to the abuse of minors, it seems opportune that
each Episcopal Conference prepare Guidelines whose purpose will be to assist the
Bishops of the Conference to follow clear and coordinated procedures in dealing
with these instances of abuse. Such Guidelines would take into account the
concrete situation of the jurisdictions within the Episcopal Conference.
To assist the Conferences of Bishops with the preparation
of such Guidelines, or as an aid in reviewing those which already exist, the
Congregation for the Doctrine of Faith has prepared the enclosed Circular Letter
which contains general themes for the consideration of the Conference. This
Circular Letter will remain under embargo until 12:00 PM in Rome on 16 May 2011,
when it will be released by the Vatican Press Office.
It would also be helpful to involve the Major Superiors of
clerical religious Institutes present in the territory of the Conference in the
development of such Guidelines.
Finally, each Conference of Bishops is asked to send a copy
of the completed Guidelines to the Congregation by the end of May 2012. This
Dicastery remains at the disposal of your Episcopal Conference should there be
any need for clarification or assistance in the preparation of such Guidelines.
In the event that the Conference wishes to establish binding norms it will be
necessary to request the appropriate recognitio from the competent Dicasteries
of the Roman Curia.
With prayerful best wishes, I remain
Sincerely yours in Christ,
William Card. Levada
Prefect
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Vatican Guidelines for Address Abuse of Minors
"Be Prepared to Listen to the Victims and Their Families"
VATICAN CITY, MAY 16, 2011 - Here is a Vatican translation
of the "Circular Letter to Assist Episcopal Conferences in Developing Guidelines
for Dealing With Cases of Sexual Abuse of Minors Perpetrated by Clerics," which
was signed by Cardinal William Levada, prefect of the Congregation for the
Doctrine of the Faith, and Luis F. Ladaria, secretary of the same dicastery. The
document was published by the Vatican press office.
* * *
Among the important responsibilities of the Diocesan Bishop
in his task of assuring the common good of the faithful and, especially, the
protection of children and of the young, is the duty he has to give an
appropriate response to the cases of sexual abuse of minors by clerics in his
diocese. Such a response entails the development of procedures suitable for
assisting the victims of such abuse, and also for educating the ecclesial
community concerning the protection of minors. A response will also make
provision for the implementation of the appropriate canon law, and, at the same
time, allow for the requirements of civil law.
I. General considerations:
a) The victims of sexual abuse:
The Church, in the person of the Bishop or his delegate,
should be prepared to listen to the victims and their families, and to be
committed to their spiritual and psychological assistance. In the course of his
Apostolic trips our Holy Father, Benedict XVI, has given an eminent model of
this with his availability to meet with and listen to the victims of sexual
abuse. In these encounters the Holy Father has focused his attention on the
victims with words of compassion and support, as we read in his Pastoral Letter
to the Catholics of Ireland (n.6): "You have suffered grievously and I am truly
sorry. I know that nothing can undo the wrong you have endured. Your trust has
been betrayed and your dignity has been violated."
b) The protection of minors:
In some countries programs of education and prevention have
been begun within the Church in order to ensure "safe environments" for minors.
Such programs seek to help parents as well as those engaged in pastoral work and
schools to recognize the signs of abuse and to take appropriate measures. These
programs have often been seen as models in the commitment to eliminate cases of
sexual abuse of minors in society today.
c) The formation of future priests and religious:
In 2002, Pope John Paul II stated, "there is no place in
the priesthood and religious life for those who would harm the young" (n. 3,
Address to the American Cardinals, 23 April 2002). These words call to mind the
specific responsibility of Bishops and Major Superiors and all those responsible
for the formation of future priests and religious. The directions given in the
Apostolic ExhortationPastores Dabo Vobis as well as the instructions of the
competent Dicasteries of the Holy See take on an even greater importance in
assuring a proper discernment of vocations as well as a healthy human and
spiritual formation of candidates. In particular, candidates should be formed in
an appreciation of chastity and celibacy, and the responsibility of the cleric
for spiritual fatherhood. Formation should also assure that the candidates have
an appreciation of the Church’s discipline in these matters. More specific
directions can be integrated into the formation programs of seminaries and
houses of formation through the respective Ratio institutionis sacerdotalis of
each nation, Institute of Consecrated Life and Society of Apostolic Life.
Particular attention, moreover, is to be given to the
necessary exchange of information in regard to those candidates to priesthood or
religious life who transfer from one seminary to another, between different
dioceses, or between religious Institutes and dioceses.
d) Support of Priests
1. The bishop has the duty to treat all his priests as
father and brother. With special attention, moreover, the bishop should care for
the continuing formation of the clergy, especially in the first years after
Ordination, promoting the importance of prayer and the mutual support of
priestly fraternity. Priests are to be well informed of the damage done to
victims of clerical sexual abuse. They should also be aware of their own
responsibilities in this regard in both canon and civil law. They should as well
be helped to recognize the potential signs of abuse perpetrated by anyone in
relation to minors;
2. In dealing with cases of abuse which have been denounced
to them the bishops are to follow as thoroughly as possible the discipline of
canon and civil law, with respect for the rights of all parties;
3. The accused cleric is presumed innocent until the
contrary is proven.
Nonetheless the bishop is always able to limit the exercise
of the cleric’s ministry until the accusations are clarified. If the case so
warrants, whatever measures can be taken to rehabilitate the good name of a
cleric wrongly accused should be done.
e) Cooperation with Civil Authority
Sexual abuse of minors is not just a canonical delict but
also a crime prosecuted by civil law. Although relations with civil authority
will differ in various countries, nevertheless it is important to cooperate with
such authority within their responsibilities. Specifically, without prejudice to
the sacramental internal forum, the prescriptions of civil law regarding the
reporting of such crimes to the designated authority should always be followed.
This collaboration, moreover, not only concerns cases of abuse committed by
clerics, but also those cases which involve religious or lay persons who
function in ecclesiastical structures.
II. A brief summary of the applicable canonical legislation
concerning the delict of sexual abuse of minors perpetrated by a cleric:
On 30 April 2001, Pope John Paul II promulgated the motu
proprio Sacramentorum sanctitatis tutela [SST], by which sexual abuse of a minor
under 18 years of age committed by a cleric was included in the list of more
grave crimes (delicta graviora) reserved to the Congregation for the Doctrine of
the Faith (CDF). Prescription for this delict was fixed at 10 years beginning at
the completion of the 18th year of the victim. The norm of the motu proprio
applied both to Latin and Eastern clerics, as well as for diocesan and religious
clergy.
In 2003, Cardinal Ratzinger, then Prefect of the CDF,
obtained from Pope John Paul II the concession of some special faculties in
order to provide greater flexibility in conducting penal processes for these
more grave delicts. These measures included the use of the administrative penal
process, and, in more serious cases, a request for dismissal from the clerical
state ex officio. These faculties have now been incorporated in the revision of
the motu proprio approved by the Holy Father, Benedict XVI, on 21 May 2010. In
the new norms prescription, in the case of abuse of minors, is set for 20 years
calculated from the completion of the 18th year of age of the victim. In
individual cases, the CDF is able to derogate from prescription when indicated.
The canonical delict of acquisition, possession or distribution of
pedopornography is also specified in this revised motu proprio.
The responsibility for dealing with cases of sexual abuse
of minors belongs, in the first place, to Bishops or Major Superiors. If an
accusation seems true the Bishop or Major Superior, or a delegate, ought to
carry out the preliminary investigation in accord with CIC can. 1717, CCEO can.
1468, and SST art. 16.
If the accusation is considered credible, it is required
that the case be referred to the CDF. Once the case is studied the CDF will
indicate the further steps to be taken. At the same time, the CDF will offer
direction to assure that appropriate measures are taken which both guarantee a
just process for the accused priest, respecting his fundamental right of
defense, and care for the good of the Church, including the good of victims. In
this regard, it should be noted that normally the imposition of a permanent
penalty, such as dismissal from the clerical state, requires a penal judicial
process. In accord with canon law (cf. CIC can. 1342) the Ordinary is not able
to decree permanent penalties by extrajudicial decree. The matter must be
referred to the CDF which will make the definitive judgement on the guilt of the
cleric and his unsuitability for ministry, as well as the consequent imposition
of a perpetual penalty (SST art. 21, §2).
The canonical measures applied in dealing with a cleric
found guilty of sexual abuse of a minor are generally of two kinds: 1) measures
which completely restrict public ministry or at least exclude the cleric from
any contact with minors. These measures can be reinforced with a penal precept;
2) ecclesiastical penalties, among which the most grave is the dismissal from
the clerical state.
In some cases, at the request of the cleric himself, a
dispensation from the obligations of the clerical state, including celibacy, can
be given pro bono Ecclesiae.
The preliminary investigation, as well as the entire
process, ought to be carried out with due respect for the privacy of the persons
involved and due attention to their reputations.
Unless there are serious contrary indications, before a
case is referred to the CDF, the accused cleric should be informed of the
accusation which has been made, and given the opportunity to respond to it. The
prudence of the bishop will determine what information will be communicated to
the accused in the course of the preliminary investigation.
It remains the duty of the Bishop or the Major Superior to
provide for the common good by determining what precautionary measures of CIC
can. 1722 and CCEO can. 1473 should be imposed. In accord with SST art. 19, this
can be done once the preliminary investigation has been initiated.
Finally, it should be noted that, saving the approval of
the Holy See, when a Conference of Bishops intends to give specific norms, such
provisions must be understood as a complement to universal law and not replacing
it. The particular provisions must therefore be in harmony with the CIC / CCEO
as well as with the motu proprio Sacramentorum sanctitatis tutela (30 April
2001) as updated on 21 May 2010. In the event that a Conference would decide to
establish binding norms it will be necessary to request the recognitio from the
competent Dicasteries of the Roman Curia.
III. Suggestions for Ordinaries on Procedures:
The Guidelines prepared by the Episcopal Conference ought
to provide guidance to Diocesan Bishops and Major Superiors in case they are
informed of allegations of sexual abuse of minors by clerics present in the
territory of their jurisdiction. Such Guidelines, moreover, should take account
of the following observations:
a.) the notion of "sexual abuse of minors" should concur
with the definition of article 6 of the motu proprio SST ("the delict against
the sixth commandment of the Decalogue committed by a cleric with a minor below
the age of eighteen years"), as well as with the interpretation and
jurisprudence of the Congregation for the Doctrine of the Faith, while taking
into account the civil law of the respective country;
b.) the person who reports the delict ought to be treated
with respect. In the cases where sexual abuse is connected with another delict
against the dignity of the sacrament of Penance (SST art. 4), the one reporting
has the right to request that his or her name not be made known to the priest
denounced (SST art. 24).;
c.) ecclesiastical authority should commit itself to
offering spiritual and psychological assistance to the victims;
d.) investigation of accusations is to be done with due
respect for the principle of privacy and the good name of the persons involved;
e.) unless there are serious contrary indications, even in
the course of the preliminary investigation, the accused cleric should be
informed of the accusation, and given the opportunity to respond to it.
f.) consultative bodies of review and discernment
concerning individual cases, foreseen in some places, cannot substitute for the
discernment and potestas regiminis of individual bishops;
g.) the Guidelines are to make allowance for the
legislation of the country where the Conference is located, in particular
regarding what pertains to the obligation of notifying civil authorities;
h.) during the course of the disciplinary or penal process
the accused cleric should always be afforded a just and fit sustenance;
i.) the return of a cleric to public ministry is excluded
if such ministry is a danger for minors or a cause of scandal for the community.
Conclusion:
The Guidelines developed by Episcopal Conferences seek to
protect minors and to help victims in finding assistance and reconciliation.
They will also indicate that the responsibility for dealing with the delicts of
sexual abuse of minors by clerics belongs in the first place to the Diocesan
Bishop. Finally, the Guidelines will lead to a common orientation within each
Episcopal Conference helping to better harmonize the resources of single Bishops
in safeguarding minors.
Rome, from the Congregation for the Doctrine of the Faith,
3 May 2011
William Cardinal Levada
Prefect
+ Luis F. Ladaria, S.J.
Tit. Archbishop of Thibica
Secretary
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Father Lombardi's Statement on Abuse Letter
"A Very Important New Step in Promoting Awareness
Throughout the Church"
VATICAN CITY, MAY 16, 2011 - Here is a Vatican translation
of the explanation given by Jesuit Father Federico Lombardi, the director of the
Vatican press office, on the "Circular Letter to Assist Episcopal Conferences in
Developing Guidelines for Dealing With Cases of Sexual Abuse of Minors
Perpetrated by Clerics." Both documents were published by the Vatican press
office.
* * *
In recent days, the Congregation for the Doctrine of the
Faith has sent to all Episcopal conferences a "Circular Letter to assist
Episcopal Conferences in developing Guidelines for dealing with cases of sexual
abuse of minors perpetrated by clerics."
The preparation of the document was announced in July, at
the time of the publication of new rules for the implementation of the motu
proprio " Sacramentorum sanctitatis tutela " (see Note Fr. F. Lombardi, in OR,
16/07/2010, 1, and www.vatican.va, Abuse of minors. The Church’s reponse).
H.E., Cardinal Levada, Prefect of the Congregation, later
informed of its preparation during the meeting of the Cardinals at the November
Consistory (see Press Release on the Afternoon Session, 11/19/2010).
The document is accompanied by a letter of presentation,
signed by Cardinal Levada, illustrating its nature and purpose.
Following the revision of norms on sexual abuse of minors
by members of the clergy, approved by the Pope last year, "it seems opportune
that each Episcopal Conference prepare Guidelines whose purpose will be to
assist the Bishops of the Conference to follow clear and coordinated procedures
in dealing with these instances of abuse. Such Guidelines would take into
account the concrete situation of the jurisdictions within the Episcopal
Conference".
To this end, the Circular Letter "contains general themes"
for the consideration which naturally must be adapted to national realities, but
which will help to ensure a coordinated approach by the various episcopates as
well as - precisely thanks to the Guidelines - within the Episcopal Conferences.
Regarding the drafting of new Guidelines or the revision of
existing ones, Cardinal Levada’s letter also gives two indications: first,
toinvolve the Major Superiors of clerical religious Institutes (to take into
account not only diocesan clergy, but also religious), and then to " send a copy
of the completed Guidelines to the Congregation by the end of May 2012".
In conclusion, two concerns are clear:
1. The need to address the problem promptly and effectively
with clear, organic, indications that are suitable to local situations and in
relation to the norms and civil authorities. The indication of a specific date
and a relatively short period within which all Episcopal conferences must
develop Guidelines is clearly a very strong and eloquent statement.
2. Respect for the fundamental competence of the diocesan
bishops (and Major Superiors) in the matter (the wording of the Circular is very
keen to stress this aspect: the guidelines are intended to "assist the diocesan
bishops and Major Superiors").
The Circular Letter itself is short but very dense, and is
divided into three parts.
The first part develops a set of general considerations,
including in particular:
Priority attention to the victims of sexual abuse:
listening to the victims and their families, and a commitment to their spiritual
and psychological assistance.
The development of prevention programs to create truly safe
environments for children.
The formation of future priests and religious and exchange
of information on candidates to the priesthood or religious life who are
transferred.
Support for priests, their ongoing formation and informing
them of their responsibilities regarding the issue, how to support them when
they are accused, dealing with cases of abuse according to law, the
rehabilitation of the good reputation of those who have been unjustly accused.
Cooperation with civil authorities within their
responsibilities. "Specifically, without prejudice to the sacramental internal
forum, the prescriptions of civil law regarding the reporting of such crimes to
the designated authority should always be followed". This cooperation should be
implemented not only in cases of abuse by clergy, but by any employee who works
in a Church structure.
The second part addresses applicable canonical legislation
in force today, after the revision of 2010.
It refers to the power of bishops and Major Superiors in
preliminary investigation and, in the case of a credible allegation, their
obligation to refer the matter to the Congregation for the Doctrine of the
Faith, which offers guidance for the handling of the case.
It speaks about the precautionary measures to be imposed
and information to be given to the accused during the preliminary investigation.
It refers to the canonical measures and ecclesiastical
penalties that can be applied to offenders, including dismissal from the
clerical state.
Finally, it specifies the relationship between canon law
valid for the entire Church and any additional specific particular norms that
given Episcopal Conferences deem appropriate or necessary, and the procedure to
be followed in such cases.
The Third and final part lists a number of useful
observations in formulating concrete operational guidelines for bishops and
major superiors.
Among other things, the need to offer assistance to victims
is stressed as well as the need to treat the complainant with respect and ensure
the privacy and reputation of the people involved; to take due account of the
civil laws of the country, including any obligation to notify the civil
authorities; to ensure the accused information on the allegation and an
opportunity to respond, and in any case a just and worthy support; to exclude
the cleric's return to public ministry, in case of danger to minors or of
scandal to the community. Once again, the primary responsibility of bishops and
Major Superiors is reiterated, a responsibility which can not be replaced by
supervisory bodies, however useful or necessary they may be in support of this
responsibility.
The Circular therefore represents a very important new step
in promoting awareness throughout the Church of the need and urgency to
effectively respond to the scourge of sexual abuse by members of the clergy.
Only in this way can we renew full credibility in the witness and educational
mission of the Church, and help create in society in general, safe educational
environments of which there is an urgent need.
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