Real Crime Stories/Paranormal Hauntings

Catholic Church and Pedophilia (Part V)

1962

Cardinal Alfredo Ottaviani, Secretary of the Sacred Congregation of the Holy Office, sent a letter which became known as the Crimen sollicitationis. In this letter, addressed to "all Patriarchs, Archbishops, Bishops and other Local Ordinaries, including those of Eastern Rite", the Holy Office laid down procedures to be followed in dealing with cases of clerics (priests or bishops) of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents; its rules were more specific than the generic ones in the Code of Canon Law.

In addition, it instructed that the same procedures be used when dealing with denunciations of homosexual, pedophile or zoophile behaviour by clerics. It repeated the rule that any Catholic who failed for over a month to denounce a priest who had made such advances in connection with confession was automatically excommunicated and could be absolved only after actually denouncing the priest to the Ordinary of the place or to the Holy Congregation of the Holy Office, or at least promising seriously to do so.

1983

The Vatican promulgated a revised Code of Canon Law which included a canon (1395, §2) which explicitly named sex with a minor by clerics as a canonical crime "to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants." According to De delictis gravioribus, the letter sent in May 2001 by then Cardinal Joseph Ratzinger (who later became Pope Benedict XVI) – Prefect of the Congregation for the Doctrine of the Faith, and according to Father Thomas Patrick Doyle, who has served as an expert witness on Pontifical Canon Law, Crimen Sollicitationis was in force until May 2001.

2001

In April, Pope John Paul II issued a letter stating that "a sin against the Sixth Commandment of the Decalogue by a cleric with a minor under 18 years of age is to be considered a grave sin, or 'delictum gravius.'" In the letter, Sacramentorum sanctitatis tutela (Safeguarding the Sanctity of the Sacraments), "§1 Reservation to the Congregation for the Doctrine of the Faith (CDF) is also extended to a delict against the sixth commandment of the Decalogue committed by a cleric with a minor below the age of eighteen years. §2 One who has perpetrated the delict mentioned in §1 is to be punished according to the gravity of the offense, not excluding dismissal or deposition." In other words, the CDF was given a broader mandate to address the sex abuse cases only from 2001 – prior to that date, the 1917 Code of Canon Law permitted sexual abuse cases by the clergy to be handled by the Congregation, for the Congregation to open cases itself, or for the Ordinary to handle judgement. All priestly sex crimes cases were placed under the CDF which, in the majority of cases, then recommended immediate action.

The "Guide to Understanding Basic CDF Procedures concerning Sexual Abuse Allegations" explain briefly the procedures which have been derived from the 1983 Code of Canon Law and put in place since 30 April (the same day). Among the points made:

Every allegation of sexual abuse of a minor by a priest is investigated by the local diocese and, if there is even a "semblance of truth" the case is referred to the Vatican CDF. "The local bishop always retains power to protect children by restricting the activities of any priest in his diocese."

Civil law concerning reporting of crimes to the appropriate authorities should always be followed.

The CDF may authorize the local bishop to try the case. If a priest (who has the right of appeal to the CDF) is found guilty, a number of canonical penalties are possible, including dismissal from the clerical state. "The question of damages can also be treated directly during these procedures."

Some cases can be referred directly to the Pope, who can issue a decree of dismissal from the priesthood ex officio.

Other disciplinary measures short of dismissal are available where the priest has undertaken to live a life of prayer and penance, but he can be dismissed if he breaks the conditions imposed.