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Print Edition » News

Benedict and Clergy Sexual Abuse: Decisive and Aggressive Action

Holy Father’s Record Refutes Critics’ Claims That He Mishandled Explosive Issue

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by JUDY ROBERTS, REGISTER CORRESPONDENT Monday, Mar 04, 2013 11:17 AM Comments (29)

VATICAN CITY — In a media narrative that was largely predictable, news of Pope Benedict XVI’s resignation was quickly followed by a flood of headlines linking him to the clergy sexual-abuse scandal.

"Legacy Marred by Sex-Abuse Scandal," read a headline on the ABC News website. "Complicit in Child Sex-Abuse Scandals," said another from The Guardian, which quoted victims’ groups.

Amid the fray, however, other voices have taken a singularly opposite view, instead crediting the Holy Father with aggressively and decisively addressing a problem that came to light well before he was elected to the papacy.

In part because of high-profile cases like those in Ireland and the Archdiocese of Los Angeles in the United States, and the one involving Father Marcial Maciel, founder of the Legion of Christ, Benedict’s pontificate could not escape association with the stigma of clergy sexual abuse. However, his supporters insist that the way in which he dealt with the crisis was both exemplary and exceptional and that history will be much kinder to him than his critics have been.

Those who defend Pope Benedict’s treatment of the Church’s sexual-abuse scandal cite his multiple meetings with victims, the first by a pope; his strongly worded statements and apologies, in particular his eight-page "Pastoral Letter to the Catholics of Ireland" in which he criticized not just the perpetrators, but bishops who had mishandled the situation; his work as prefect of the Congregation for the Doctrine of the Faith; and, later, as pope in improving the way sexual-abuse cases were handled by the Vatican and his swift, direct action in the case of Father Maciel.

"Pope Benedict XVI will certainly be remembered for his extraordinary reply and response to the very sad phenomenon of sexual abuse of minors by the clergy," auxiliary Bishop Charles Scicluna of Malta, former promoter of justice for the Congregation for the Doctrine of the Faith, told Vatican Radio Feb. 18.

The promoter of justice is responsible for investigating more serious crimes, including claims of clergy sexual abuse of minors. After Bishop Scicluna was elevated last year to the episcopate and returned to his native Malta, he was succeeded as promoter of justice by Father Robert Oliver, a canon-law expert from the Archdiocese of Boston.

"In his letter to the Church in Ireland in 2010," Bishop Scicluna said, "in his pastoral visits to the United States, to Malta, to Australia and the United Kingdom [Pope Benedict] met and showed great compassion to the victims of abuse. His words will remain with us as a clear sign of the determination of the Church to respond adequately to abuse and also to safeguard the innocence of our children and young people."

 

Benedict’s Example

American Cardinal William Levada, prefect emeritus of the CDF, echoed those sentiments during a 2012 symposium on the sexual abuse of minors for bishops and priests when he lauded Benedict for his personal example of listening to victims.

"I think it is hardly possible to overestimate the importance of this example for us bishops and for us priests in being available to victims for this important moment in their healing and reconciliation," Cardinal Levada said. "It was, after all, at the hands of an anointed representative of the Church that they suffer this abuse. No wonder, then, that they tell us how important it is for them that the Church, now again through her anointed representatives, hears them, acknowledges their suffering and helps them see the face of Christ’s true compassion and love."

J.D. Flynn, a canon lawyer and chancellor of the Archdiocese of Denver, agreed. Although he said Benedict’s work on the document Sacramentorum Sanctitatis Tutela (SST) when he was head of the CDF had far-reaching implications in insuring that the Church acts with integrity in clergy sexual-abuse cases, he said the love and compassion the Holy Father expressed meant even more. "It was a means of his speaking from his heart to theirs. SST is hugely important, but it is an administrative piece that serves the evangelical imperative, and that compassion he demonstrated set the entire Church in a direction and also pointedly touched real human souls who had suffered."

 

New Regulations

Sacramentorum Sanctitatis Tutela, promulgated April 30, 2001, by Blessed John Paul II, revises the kinds of canonical crimes handled by the CDF to include the sexual abuse of minors by clerics and provides that all cases involving clerical sexual abuse of minors be reported to the CDF, which in turn coordinates a response by all Church authorities.

Flynn said Benedict greatly influenced the document as prefect of the CDF and, as pope, amended and strengthened it. "That document from an administrative, legislative perspective is a great piece of his legacy. And it’s strong. It ensures that cases of a grave nature go to the Holy See and are addressed clearly with as much concern as canon law can give them. … Benedict ensured that the issue of sexual abuse of minors would be addressed prudently and seriously."

The document, Flynn continued, outlines a process in which the Holy See became the principal arbiter in certain cases. Under it, some casework is done at the diocesan level, but at the behest of the CDF and with some oversight from the pope himself. "It drew some of the most serious issues the Church faces into the heart of the Church itself."

L. Martin Nussbaum, a Colorado Springs, Colo., attorney whose firm has been involved in thousands of cases on behalf of more than 20 dioceses, said Benedict also saw that taking each case through a trial with full-blown due process was not always necessary. "He put together procedures so that, in 60% of the cases, they were able to laicize or discipline priests by administrative proceedings. The good thing about that is it dramatically shortened the time when a priest was in a type of limbo where his faculties were suspended, he had no assignment, and his status was unresolved."

In earlier cases, said Father John Beal, professor of canon law at The Catholic University of America, Benedict had been criticized because some court documents made public after various trials and settlements have shown that as CDF prefect he told bishops seeking laicization of priests accused of misconduct that it couldn’t be done without a penal trial. "His name is on the letter, but he was just carrying out the policy," Father Beal said. Nonetheless, he continued, the law eventually did change under his watch.

 

Efficient Process

Because of Benedict’s work, the CDF today actively processes claims for dismissal from the clerical state in efficient fashion, according to Berkeley, Calif., attorney Jeffrey Lena, who has represented the Vatican in American lawsuits.

As pope, Lena said, "Not only did [Benedict] act, but he started to set a tone for what would no longer be tolerable. … I think you had a pope who understood the problem and wanted to do something about it." Additionally, he said, Benedict created a well-trained, dedicated CDF staff who knew the law and were able to handle cases proficiently. "If you start to look at the files after [Cardinal] Levada is the man at CDF and [Benedict] is pope, you see that the pace picks up significantly."

Lena said those dissatisfied with the Church’s response to the scandal betray a lack of understanding of papal authority, the structure of the Church and canon law. In terms of doctrine, he said, the pope or the Holy See can have the final word, but the administration of dioceses and religious orders is in the hands of individual bishops and religious order heads and provincials. "The idea that this sort of vast organization we call the Catholic Church is simply run as a top-down organization is really not an accurate perception." 

Furthermore, Lena said, dismissal from the clerical state is not the same as a CEO firing an employee because canon law is a legal system and not just a set of policies. "It’s got procedural rules and due process that’s deeply respected. So you have this tug of war between the need for efficiency in dismissing people from the clerical state and at the same time maintaining the integrity of the legal process. Sometimes those may seem at odds. In the last 10 years, a much more efficient process and recognition of the need to dismiss certain priests from the clerical state have become apparent."

Given all this, Lena said, advances have been made. "These advances are in significant measure attributable to Benedict. He had to use his teaching authority both privately and publicly to turn the tide."

 

Concrete Results

One of Benedict’s most notable public acts in addressing clergy sexual abuse involved the case of Father Maciel shortly after he was elected pope in 2005.

"He was the one who finally confronted the terrible, scandalous situation," Nussbaum said. "That was confronting a hugely powerful political force within the Church, where some others had looked away. He suspended Maciel from the priesthood, ordered him into seclusion and began a full investigation into the Legion of Christ."

Matthew Bunson, co-author of Pope Benedict XVI and the Sexual Abuse Crisis, said an examination of the Holy Father’s record on the sexual-abuse issue reveals "a very clear trail of determination on his part to bring about reform and renewal."

"He realized it was not enough to close loopholes without a thorough spiritual reform and renewal in all corners of the Church that included seminary formation, parish life — the whole Church."

Bunson said the results of that reform are readily quantifiable. "If you look at diocesan audits of the U.S., new cases of abuse are in single digits every year now. We have millions of hours of safe programs, zero tolerance, protection in every form of diocesan and parish ministry and background checks. To a large degree, Benedict has presided over one of the great institutional transformations in modern history."

Added Nussbaum: "While everybody wants [the number of new cases] to be zero, it means the Catholic Church is the safest place on the planet of any major institution for working with children."

Catholic University’s Father Beal said he thinks Benedict deserves more credit than he gets for bringing the critical nature of the sexual-abuse problem to the attention of Church authorities.

"In historical retrospect, he will look a lot better than he may on Feb. 28, when we are all good at looking back and saying what should have been done," Father Beal said. "Hindsight is always 20-20, and it’s not always that easy to say when you’re in the midst of it what needs to be done. He used his teaching authority both privately and publicly to turn the tide."

Judy Roberts writes from

Graytown, Ohio.

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Comments

Post a Comment
Posted by Mark Hoffman on Tuesday, Mar 5, 2013 1:44 PM (EDT):

Official “apologies” and “listening to the victims”? Really? It’s obscene to witness the bishops and cardinals patting themselves on the back—they ,along with the ex-Pope, are all culpable for the damage that has occurred to individuals and to the Church. History will most assuredly not be kind.

Posted by Rondre on Tuesday, Mar 5, 2013 3:46 PM (EDT):

You stated that Benedict criticized the bishops of Ireland. Did he take any action though? Someone has to take a stand with the “boy’s club”.

Posted by mark on Tuesday, Mar 5, 2013 3:58 PM (EDT):

Good article. The caricature-dependent secular media (CNN, NYT, WaPo, etc) simply don’t have the credentials, lucidity or desire to provide an assessment of Benedict’s papacy in general or record regarding clerical abuse in particular.

Posted by fisherman lost on the land on Tuesday, Mar 5, 2013 4:43 PM (EDT):

  Abuses are down ( decline started in mid 80’s…cf. Bishops’ John Jay report) because that type of predatory gay now comes out of the closet more easily so they don’t enter the priesthood.  Most of the offenders were old and entered seminary at a time when you did not come out of the closet to tough e.g. Irish parents.  You hid in the clergy.  Let’s stop making a silk purse out of a sow’s ear.  It costs us untold losses of innocences, converts, billions of dollars…but we keep on turning crap into glory somehow.  It’s our canons come first…system.  We need a consultancy to redo our legal system so that it allows for the appearance of a hero from the top of the hierachy during a crisis.  We had none for 40 years.  The scandal broke in the media in the mid 80’s…the second phase was 2002.

Posted by Irenic on Tuesday, Mar 5, 2013 4:52 PM (EDT):

The Church is not an NGO, that it should have to produce “diocesan audits” to justify its existence. We need to understand and live out the cosmic Christology of the Eastern Orthodox Church, not discuss the merits and demerits of a damage minimisation exercise. This is not what Christ had in mind when he appointed Peter to mark out the foundational decree of Church, in all its sublime and apparently misunderstood glory. I speak as a compatriot of Msgr Scicluna, who incidentally ought to be on the whole proud of the magnificent legacy of the Church in Malta.

Posted by Deacon Ed Peitler on Tuesday, Mar 5, 2013 4:55 PM (EDT):

The “clergy sexual abuse scandal?”  Oh, you must be referring to the clergy homosexuality scandal.  Let’s get our facts correct: all those victims were pubescent males.  In anyone’s book, that’s homosexuality.  Of course in typical revisionist media style, we often see references to pedophilia and child sexual abuse.  No, once again, let’s be accurate: homosexuality.

Posted by Lee Podles on Tuesday, Mar 5, 2013 5:43 PM (EDT):

I agree that Benedict has done much to reform and purify the church. But he did not do enough.

Although the Church is not a top-down organization, the centralization of authority in the Vatican has eliminated co-responsibility in the church. In previous eras of the church, synods of bishops could discipline and depose other bishops. Now only the pope can do that, and he must therefore bear responsibility for disciplining or not disciplining bishops for their failures. Msgr. Scicluna has adverted to this problem.

The Vatican cannot supervise the hundreds of thousands of priests and the thousands of bishops in the Catholic Church. Some structures of co-responsibility, which should also include the laity, should be set up. We all need fraternal correction and discipline, and bishops have largely escaped this.

Posted by Rondre on Tuesday, Mar 5, 2013 6:13 PM (EDT):

Call it what you want it was still a crime and all should be punished.

Posted by Irenic on Tuesday, Mar 5, 2013 8:07 PM (EDT):

In the ultimate analysis, this destructive maelstrom in the life of the Church can be a life breathing experience only if the wound is given its due Christological context. It is not (really) an administrative or legal problem or a “who dunnit”. It is a fundamental failure of ecclesiology.

Posted by Rondre on Tuesday, Mar 5, 2013 8:12 PM (EDT):

“In the ultimate analysis, this destructive maelstrom in the life of the
Church can be a life breathing experience only if the wound is given its due
Christological context. It is not (really) an administrative or legal
problem or a “who dunnit”. It is a fundamental failure of ecclesiology.”

I totally disagree. It’s a sickness. If it was your son who was raped you wouldn’t state this hogwash.

Posted by Irenic on Tuesday, Mar 5, 2013 8:15 PM (EDT):

That’s exactly my point. Rape is a complete and utter rejection of ecclesiology.

Posted by Irenic on Tuesday, Mar 5, 2013 8:16 PM (EDT):

Furthermore, we know who did it and why.

Posted by kidonhayca on Tuesday, Mar 5, 2013 8:29 PM (EDT):

Catholic Culture.Org has a great article about Pope Benedict’s “cleaning-up” the church.  EVERYONE SHOULD READ IT!

Posted by Irenic on Tuesday, Mar 5, 2013 8:42 PM (EDT):

The Church needs more than a clean up. She needs to rediscover her deep ecclesiological roots and then let God be the gardener. God knows the seeds He planted, better than the CDF.

Posted by Mark Hoffman on Tuesday, Mar 5, 2013 8:47 PM (EDT):

Judy, the “media narrative” was predictable because many of the hierarchy are guilty of crimes against children, or of protecting the guilty. That’s why the issue keeps coming up—because the hierarchy, the clergy and the “faithful” are unwilling to face it.

Posted by Irenic on Tuesday, Mar 5, 2013 9:11 PM (EDT):

The issue seems to be (more often than not), being fought on the grounds of financial compensation rather than on a biblical model of restitution. Without a complete dependence on ecclesiology, the baby will continue to get thrown out with the bathwater.

Posted by Al Stiefel on Wednesday, Mar 6, 2013 4:51 PM (EDT):

Although Benedict XVI did meet with Clergy sexual abuse victims and apologized for the deeds of these priests, who have harmed the image of all good priests.  He would more fondly remembered for his handling the Sex Abuse Scandal if he had made the Bishop, Archbishops and Cardinals who continued to just move accused priests from parish to parish, pay for these sins.  We currently have a Bishop who was convicted of endangering a child for failing to report suspected and eventually confirmed sex abuse.  He is still in office and hasn’t been removed.  Until the Pope or a Pope holds these Bishops, Archbishops and Cardinals accountable, people will continue to feel that the Poope and Rome just doesn’t get it.

Posted by Dr Rosemary Eileen McHugh on Wednesday, Mar 6, 2013 6:26 PM (EDT):

As a Catholic physician who has met many who have been sexually abused by clergy in the Roman Catholic Church, and as one myself who was sexually assaulted by a Carmelite priest when I was a young doctor in Dublin, Ireland, I am disappointed by this article.  I believe that the truth will set us free.  Pope Benedict XVI, when known as Cardinal Ratzinger was head of the office that dealt with clergy sexual abuse cases for 24yrs before becoming Pope in 2005.  He did nothing for over 30yrs to make the complicit bishops accountable, even when he was Pope.
It is true that clergy sexual abuse has been part of the culture of the Roman Catholic Church for centuries.  One way to end it would be to give all files to the police to investigate these crimes.  The Pope refused to do that and has been claiming diplomatic immunity from prosecution.  Please read THE CASE OF THE POPE by Geoffrey Robertson, QC, who is a human rights judge with the United Nations for crimes against humanity.  He challenges the belief that the Vatican is a sovereign state.  Even today the Pope Emeritus blames others and refuses to admit his central role in allowing the sexual abuse of innocent children by clergy to flourish worldwide.  This article is more of a cover-up of what the Pope has been doing over so many years, in my view, and I believe the faithful deserve better and to hear the real truth without all of this spin.
Sincerely,  Dr Rosemary Eileen McHugh, Chicago, Illinois

Posted by Mark Hoffman on Thursday, Mar 7, 2013 8:03 AM (EDT):

Such Papal BULL-!@#$%! It continues to astound me how willing so many Catholics are to believe the lies and look the other way while their children are raped and abused by these monsters.

Posted by kidonhayca on Thursday, Mar 7, 2013 11:24 AM (EDT):

I RECEIVE MESSAGES ABOUT RESPONSES - THERE ARE NO COMMENTS VISIBLE.
FIX

Posted by mark on Thursday, Mar 7, 2013 12:05 PM (EDT):

I believe the Register should run an article on the quite appalling miscarriage of justice unfolding in the kangaroo courts of Philadelphia. In what can only be described as a farce of a trial, two innocent men have been found guilty of the false accusations of a drug addict. Ralph Cipriano has an excellent blog called bigtrial where he reports on high-profile court cases in Philadelphia. Please view his site and spread the news of these cases of wrongful conviction. See “Archdiocese sex abuse trial” for the full story of yet another Truth Abuse Scandal:

http://www.bigtrial.net/search/label/Archdiocese Sex Abuse Trial

Posted by cheeriosinpocket on Thursday, Mar 7, 2013 3:10 PM (EDT):

Dr. Rosemary, I was surprised by learning that our Pope Emeritus was overseeing the clergy abuse cases for 24 years prior to being elected Pope.  However, my guess is that we wouldn’t have the many detailed reports that we have now were it not for our Pope.  I am so very sorry that you, too, were a victim. I pray that our Lord frees you from any bitterness, and that He heals you, and all victims, mind, body and soul.  I am sorry to hear that you, a doctor, would place credence on anyone representing the U.N.  I believe it should be disbanded for if it served some/any good at some point in history, it most certainly isn’t now.  The agenda at the U.N. is an evil one and should never be recommended by a Catholic, nor anyone who has risen to doctorial status.  I believe enough victims have been compensated…have mercy on the one who has tried to remove those guilty clerics.  Going after the Vatican!  Going after the Vicar of Christ!  Recommending anyone from the U.N.—oh, my…”...forgive us our trespasses as we forgive those who trespass against us…”  I pray you are not supportive of our Illinois pro-abortion President.  Now there are some numbers that will never be recompensed, in just the U.S. alone.

Posted by Jkash on Thursday, Mar 7, 2013 5:38 PM (EDT):

I understand that hurt makes many lash out, but given that each of them in so many other ways of life are injured daily, is it not disingenuous to reserve this lack of forgiveness towards only one organization and to insist that the billions of dollars that daily are poured out to help those in dire need all over the world, instead need to be given out as sufficient consolation? 

To pretend that homosexual scandals with priests were happening while the rest of the world was treating children with kid gloves and inflicting no harm is patent self-delusion. However, there is no money in suing the LBGT and there is no money in making families pay for their own abuse of children and there is no money to extract from teachers who use adolescents as their sexual candy.

The unforgiving world has raised these victims to believe that because a few misbehaved they are due the right to completely deny all teachings of the church.  The irony is that the teachings, had they been followed, would have protected these children, and these teachings, were they now followed by the victims, would give them the grace to enjoy and appreciate the gifts they were given to lead full lives.

The teachings of the Catholic church have never been anything but clear on how children are to be protected. The teachings continue to say that and Benedict has not had to make one new rule to clarify. It is only these rogue priests AND arguably all the rest of the world, that is fundamentally stripping protection from children and it is these so called victims who can only be compensated by a pound of flesh and many handfuls of silver who use their lives demanding compensation, instead of using their own misfortune to fight against it happening again.


Posted by Jkash on Thursday, Mar 7, 2013 5:44 PM (EDT):

It is obscene that a headline against a Catholic priest RUMORED to have harmed a child gets front page and that priest has ZERO rights after this, while buried in the back of the news are stories of politicians, teachers, doctors, parents, guardians, police and countless others, engaging in the sexual exploitation of children with NO call for fixing it, just some jokes made about it. Hypocrisy is just breathtaking.

Posted by mark on Thursday, Mar 7, 2013 5:52 PM (EDT):

JKash has it right. The double standard is a disgrace. In fact it is criminal given that between 25%-50% of historic accusations have been false. Lies. Fraud. Extortion.
Today, cases of priest abuse against a current minor in a given year are in the single digits. No other institution -religious or otherwise - can equal that record, and it is largely due to the measures put in place by the Pope Emeritus.
See themediareport.com which exposes many of the myths and lies about the Church which have been and continue to be spewed forth by agenda-driven media today.

Posted by Rondre on Thursday, Mar 7, 2013 6:55 PM (EDT):

# 1 Mediareport is funded by Catholic League which is funded by the US Bishops.

#2 Do these other institutions that you speak of teach morality? Do they have years of cover up od sex abuse? Do they have a history of moving employess from one job/school to another after they have been diagnosed?

Posted by doctora lorna on Friday, Mar 8, 2013 1:27 AM (EDT):

Pope Benedict emeritus certainly as the leader of his flock certainly had the responsibility to take good care of the catholic institution during his watch. While cleaning up the mess among the clergy, is of great importance to all and while the wheels of justice is a slow process as the allegedly erring priests have also their constitutional rights, justice eventually gets served w/c during the time of the pope emeritus the victims have been compensated. I believe,Pope emeritus did his best and I will always be thankful to him for giving his time to God and his people.

Posted by Sean Murphy on Friday, Mar 8, 2013 4:10 AM (EDT):

Yet no Catholic leader, ever, in our lifetimes, has done the first thing that Jesus Would Do, which is to find every single victim, and get them all the psychological help they need to recover from the most devastating psychological damage a good young Catholic child could endure.

WWJD?

The one thing the Catholic church leaders never did, and a billion people thought that was ok.

Posted by Sean Murphy on Friday, Mar 8, 2013 4:11 AM (EDT):

Yet no Catholic leader, ever, in our lifetimes, has done the first thing that Jesus Would Do, which is to find every single victim, and get them all the psychological help they need to recover from the most devastating psychological damage a good young Catholic child could endure.

WWJD?

The one thing the Catholic church never did.

And a billion Catholic followers think that is ok.

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