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  Church Already Mandates Reporting of Sex Abuse to Civil Authorities

By Nancy Frazier O'Brien
U.S. Catholic
July 15, 2010

http://www.uscatholic.org/news/2010/07/church-already-mandates-reporting-sex-abuse-civil-authorities

The revised norms announced at the Vatican July 15 deal only with church law and so do not address bishops' obligations to report allegations of sexual abuse of a minor to civil authorities.

However, church documents approved by the U.S. bishops and on the Vatican website already contain such an obligation.

The U.S. bishops' 2002 "Charter for the Protection of Children and Young People" states that dioceses and eparchies "are to report an allegation of sexual abuse of a person who is a minor to the public authorities."

In addition, Article 4 of the charter says, they must "comply with all applicable civil laws with respect to the reporting of allegations of sexual abuse of minors to civil authorities and cooperate in their investigation in accord with the law of the jurisdiction in question. ... even when the person is no longer a minor."

"In every instance, dioceses/eparchies are to advise victims of their right to make a report to public authorities and support this right," the U.S. charter adds.

In an explanatory note to journalists released with the revised norms, the Vatican spokesman, Jesuit Father Federico Lombardi pointed out that the norms deal only with church law and not with civil law.

"One point that remains untouched (in the new norms), though it has often been the subject of discussion in recent times, concerns collaboration with civil authorities," Father Lombardi said. "It must be borne in mind that the norms being published today are part of the penal code of canon law, which is complete in itself and entirely distinct from the laws of states."

The Vatican spokesman noted that the Vatican Congregation for the Doctrine of the Faith's guide to procedures concerning sexual abuse allegations, as published on the Vatican website, states, "Civil law concerning reporting of crimes to the appropriate authorities should always be followed."

"This means that in the practice suggested by the Congregation for the Doctrine of the Faith, it is necessary to comply with the requirement of law in various countries, and to do so in good time, not during or subsequent to the canonical trial," he added.

Msgr. Charles Scicluna, the promoter of justice at the doctrinal congregation, said at a July 15 briefing for reporters at the Vatican that the insistence on confidentiality in the revised norms has limits in the relationship with civil authorities. Bishops are required to comply with civil law that requires reporting of abuse accusations, he said.

"Confidentiality of canonical proceedings is never an impediment to the duty to denounce (crimes), and is never to the detriment of obedience to civil law," he said.

Msgr. Scicluna made it clear that Pope Benedict XVI had made the changes in the norms, and in doing so the pope respected his area of competence, he said.

"It is not the task of the pope to give indications about civil law. The indication to obey the law of the state was already stated by St. Paul" and it was unnecessary to reaffirm this principle in a technical text like this, he said.

 
 

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