The CDF's Response to Abuse, by James Martin, America Magazine, July 2, 2010

The CDF's Response to Abuse

By James Martin
America Magazine
July 2, 2010

http://www.americamagazine.org/blog/entry.cfm?blog_id=2&entry_id=3079

Today the New York Times featured a front-page story on the response of the Congregation for the Doctrine of the Faith to the sexual abuse crisis, during the time when Joseph Cardinal Ratzinger was prefect. For me, the most surprising part of the article, called "Church Office Failed to Act on Abuse Scandal," were the pointed comments made by bishops and archbishops (and a few canon lawyers) on the congregation's handling of abuse cases. "There was confusion everywhere," said Archbishop Philip Edward Wilson, of Adelaide Australia. And this, about a special session of English-speaking bishops who met with the CDF in 2000 to address the crisis, this:

Archbishop Wilson said in an interview that during the session he had to call Vatican officials’ attention to long-ignored papal instructions, dating from 1922, and reissued in 1962, that gave Cardinal Ratzinger’s Congregation for the Doctrine of the Faith, previously known as the Holy Office, sole responsibility for deciding cases of priests accused of particularly heinous offenses: solicitation of sex during confession, homosexuality, pedophilia and bestiality. Archbishop Wilson said he had stumbled across the old instructions as a canon law student in the early 1990s. And he eventually learned that canonists were deeply divided on whether the old instructions or the 1983 canon law — which were at odds on major points — should hold sway.

If the old instructions had prevailed, then there would be no cause for confusion among bishops across the globe: all sexual abuse cases would fall under Cardinal Ratzinger’s jurisdiction. (The Vatican has recently insisted that Cardinal Ratzinger’s office was responsible only for cases related to priests who solicited sex in the confessional, but the 1922 instructions plainly gave his office jurisdiction over sexual abuse cases involving “youths of either sex” that did not involve violating the sacrament of confession.)

Few people in the room had any idea what Archbishop Wilson was talking about, other participants recalled. But Archbishop Wilson said he had discussed the old papal instructions with Cardinal Ratzinger’s office in the late 1990s and had been told that they indeed were the prevailing law in pedophilia cases. Just over a year later, in May 2001, John Paul issued a confidential apostolic letter instructing that all cases of sexual abuse by priests were thenceforth to be handled by Cardinal Ratzinger’s office. The letter was called “Sacramentorum Sanctitatis Tutela,” Latin for “Safeguarding the Sanctity of the Sacraments.”

In an accompanying cover letter, Cardinal Ratzinger, who is said to have been heavily involved in drafting the main document, wrote that the 1922 and 1962 instructions that gave his office authority over sexual abuse by priests cases were “in force until now.” The upshot of that phrase, experts say, is that Catholic bishops around the world, who had been so confused for so long about what to do about molestation cases, could and should have simply directed them to the Congregation for the Doctrine of the Faith all along.

Bishops and canon law experts said in interviews that they could only speculate as to why the future pope had not made this clear many years earlier. “It makes no sense to me that they were sitting on this document,” said the Rev. John P. Beal, a canon law professor at the Catholic University of America. “Why didn’t they just say, ‘Here are the norms. If you need a copy we’ll send them to you?’ ”

Nicholas P. Cafardi, a Catholic expert in canon law who is dean emeritus and professor of law at Duquesne University School of Law, said, “When it came to handling child sexual abuse by priests, our legal system fell apart.”

Are these fair critiques, and is the Times coverage fair? On that last point Michael Sean Winters, now blogging at NCR, says no.

The Times article comments, this is not reporting really, that, “Yet throughout the ’80s and ’90s, bishops who sought to penalize and dismiss abusive priests were daunted by a bewildering bureaucratic and canonical legal process, with contradicting laws and overlapping jurisdictions in Rome, according to church documents and interviews with bishops and canon lawyers.” Have Ms. Goodstein and Mr. Halbfinger [the reporters] ever seen a rerun of “Law & Order”? Legal processes are complicated and sometimes bewildering. The authors note that some cardinals were worried about maintaining the presumption of innocence in ecclesiastical tribunals. The horror. Shame on them. Worrying about a silly thing like the presumption of innocence in a court of law. Hell, it is only one of the cardinal (no pun intended) principles of a civilized society.

As for the import of the 1922 and 1962 documents, about which the story makes so much, the Times acknowledges that there was confusion about who did and did not have authority to deal with the crime of sex abuse until 2001. That confusion reigns still. This morning I consulted two highly respected canon lawyers. One said that the documents did give the CDF authority in the disputes. The other said the documents only gave CDF authority over the crime of solicitation in the confessional. Again, check in with Jack McCoy.

What do you think of the Times piece?