Updated Norms | Questions on Sexual Abuse
Updated Norms
Questions on Sexual Abuse
What actual changes in handling of sexual abuse of minors by clerics do we see in this document? What are the practical changes we will see?
Most of the changes in the document are already part of the actual practice of the Holy See in dealing with sexual abuse cases. The processing of cases will continue to be streamlined. One of the changes, for instance, allows the Congregation for the Doctrine of the Faith to correct procedural acts of lower tribunals as it moves forward with a case. This can shorten the amount of time it will take to process some cases. Allowing qualified individuals who are not priests to serve on tribunals, another change, will provide for a larger pool of competent people to process cases. Both of these modifications, and others in the document, have been permitted in practice for several years. Now they will be part of the law.
Do these norms affect what the Charter and norms for the church in the United States cover?
The norms strengthen the Charter for the Protection of Children and Young People and the US norms, in that they provide for a smoother application of the spirit of the Charter, which is to remove from ministry anyone who intends to harm a child through sexual abuse, and to protect children and young people from abuse by anyone who serves in the Catholic Church.
What does it mean to update these norms? Weren’t these norms already in place?
Most of the updates are a codification of current practice. This is recognition that these practices have been useful. The new norms also allow the Congregation for the Doctrine of the Faith to move more quickly in some cases and clarify the important role it serves in helping the Church deal with abuse of minors by its clerics.
Does this document address sanctions against church leaders who mishandled sexual abuse accusations?
The norms now codify the ability of the Congregation for the Doctrine of the Faith, with a prior mandate from the pope, to judge cardinals, patriarchs, nuncios, bishops and other physical persons included in the law, whose causes are usually reserved to the pope. While the pope has always had the option to ask the CDF to consider a case, the new norms clarify that process.
Why did the Vatican decide to extend the statute of limitations for reporting from 10 to 20 years after an individual turned 18?
The norms do not change the fact that the Church always encourages people to report sexual abuse. There has never been, and still is not, any restriction on when someone can report. The norms simply state what has become a frequent practice in the Church. It states what is already being done, and clearly states, as law, that the statute runs for 20 years.
Is the Vatican still able to dispense from its own statute of limitations in egregious cases of sexual molestation?
Yes, the norms are very clear in this regard. The CDF retains the right to act on an individual basis if the actions are beyond the statute of limitations. So cases of abuse that are reported over 20 years after the victim reached the age of majority may still be heard.
If the Vatican allows until 20 years after one’s 18th birthday to report abuse, why do United States bishops oppose changing or lifting statutes of limitations?
The Vatican’s norms address the Church’s canonical response to sexual abuse, not the government’s secular response. State and federal laws also do not limit a victim’s right to report abuse for criminal prosecution. There are numerous reasons why our secular law limits the ability to file civil cases more than a certain number of years after the event, including state and federal constitutional guarantees, problems with evidence and recollections, and the potential for inaccurate claims.
What is the significance of including sexual abuse of vulnerable adults among cases to be reported to CDF?
This is an expansion of canonical protection of people with limited mental faculties. The distinction now is that those who habitually have an imperfect use of reason are equated with minors, in the area of sexual abuse by a cleric. This will allow canonical prosecution of those who take advantage of people with severe conditions.
Who are included as vulnerable adults?
It’s important to clarify that many diocesan policies have a broader definition of vulnerable adults. The local diocese still has the ability to follow its own policies in protecting vulnerable adults from abuse or other harm.
Is the Vatican adopting a zero tolerance policy such as what exists in the church in the United States?
The concept of zero tolerance is not addressed in the norms. However, the universal norms do not conflict with the norms that the Vatican approved for use in the United States. Those norms remain in full force here.
Do these norms change how the crime of sexual abuse is classified by the church?
Yes. The modifications broaden the notion of what constitutes sexual abuse of minors to include situations where child pornography is involved and vulnerable adults might suffer abuse.
How do these new norms make it easier to root out abusive priests?
The norms clarify the juridical process to remove those who have abused. Some of the new norms allow the Congregation for the Doctrine of the Faith to expedite egregious cases. The role of the CDF as the primary office for hearing cases of sexual abuse of minors is made very clear.
Have creating, purchasing, downloading and viewing child pornography been considered sexual abuse before?
The CDF has already accepted cases involving child pornography. The addition to the norms puts this into the law.
Why define pornography as looking at children younger than 14? What about pornography using 15-year-olds?
The norms define what is punishable by dismissal from the clerical state. Bishops still retain the duty and right to encourage their clerics to live moral and holy lives. Again, all local, state and federal laws regarding pornography are followed completely, and those serving the church are held to higher moral standards. Abuse of another person is a grave sin. The new norms do not change that.
Does this mean that child pornography is now something to be considered by the U.S. bishops’ Charter for the Protection of Children and Young People?
The Vatican has not mandated that the US bishops consider including the issue of child pornography in the Charter. The bishops could make the decision to include it; at this time there has been no decision to do so. The laws of the United States, of course, apply to all who work in the Church, including clerics.
How are child sexual abuse and ordination of women related?
They’re not. The Vatican document is an omnibus document that includes both grave crimes against the sacraments, which now includes attempts to ordain women along with such crimes as desecration of the Eucharist, and grave crimes against morals, which now includes involvement with child pornography as well as sexual abuse of a minor.
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