[Question:]{.underline} Can and/or should bishops and superiors report cases of sexual abuse of minors to civil authorities?
[Answer:]{.underline} In his letter of March 20, 2010 to the Catholics of Ireland concerning the sexual abuse of children by priests and religious, Pope Benedict XVI explains that one of the causes of the pedophilia crisis was “a misplaced concern for the reputation of the Church and the avoidance of scandal” (4). This is certainly one of the reasons for the failure of Church authorities to investigate and report for civil investigation the perpetrators of these crimes against civil law, which failure is in turn the major reason for the extremely large financial settlements against the Church and in favor of the victims.
In the above mentioned letter the Pope is categorical in reminding the perpetrators of these crimes that they must admit their crime and accept the demands of justice: “At the same time, God’s justice summons us to give an account of our actions and to conceal nothing. Openly acknowledge your guilt, submit yourselves to the demands of justice, but do not despair of God’s mercy”. This means the acceptation of the punishment inflicted by ecclesiastical tribunals, as well as that imposed by civil tribunals.
In its “Guide to Understanding basic Procedures concerning Sexual Abuse Allegations” the Congregation for the Doctrine of the Faith makes this very clear statement: “Civil law concerning reporting of crimes to the appropriate authorities should always be followed”. In general, civil law requires that all those who are responsible for the well being of children, and in particular all health care professionals, must report such allegations for investigation. The responsibility of religious superiors in this regard will differ from country to country. However, they will generally be obliged to report them, and must certainly not do anything to discourage parents from reporting such crimes for civil investigation.
The grave danger involved in such reporting is that an allegation might in fact be false. To report such a false allegation could entirely destroy a priest’s reputation and the good that he can do for the Church. Consequently, only founded allegations should be reported for investigation.
In former times the reporting of priests to civil authorities was not so necessary, since the ecclesiastical tribunals were very strict and punished adequately the offenders and were able to protect the innocent. Canon 2359, 2 of the 1917 Code states that all those guilty of offense against the sixth commandment with minors “shall be suspended (of all priestly and sacramental functions), declared infamous, deprived of every office, benefice, dignity or position that they may hold, and in more grievous cases they shall be deposed” (from the clerical state). It is in the spirit of this traditional law of the Church that the General Chapter of the Society of Saint Pius X in 2006 decided that crimes of this kind (which God forbid) would lead to dismissal from the Society, and had this decision introduced into the Society’s statutes.
The 1983 Code, to the contrary, simply states that such offenders are to receive a just punishment, dismissal from the clerical state not being excluded (Canon 1395, 2). It is typically vague, and has not regularly been applied. Now (since 2001) all such cases must be referred to the Congregation for the Doctrine of the Faith, which reserves judgment and imposition of the punishment to itself, and has a clear protocol, although not as strict as in former times, leading to reduction to the lay state only in a small proportion of the most grievous cases.
Given all this confusion, the simple answer to the question is that this crime, if certain, ought always to be reported to civil authorities. The criminal then receives the punishment due in justice as for any other crime against society. He is placed on the list of sex offenders, and thus is excluded from ever working with children, even outside the priesthood. It is the best protection for the innocent victims and the most powerful means to eliminate this plague of moral corruption from the Church.
Answered by Father Peter Scott, SSPX.