GUEST POST: A bishop’s instruction manual

MALTA
manueldelia.com

August 30, 2018

An insider I know sent in this guest post to help us understand the rules that might guide a bishop on what to do when they come across a case of clerical sex abuse. I’m told to point out that wherever the term ‘bishop’ is used it also applies to ‘major superiors’ who have similar responsibilities in these situations.

What is a bishop to do when he receives an allegation of abuse? There are various norms that guide his actions. First and foremost, there are the laws of the Church (the code of canon law) that requires him to institute a preliminary investigation every time a veritable allegation of a crime is received.

If it results that there is enough evidence to proceed, the bishop is to proceed either through an extra-judicial decree or through a judicial process to declare or impose the canonical penalty. If the circumstances warrant he can impose, without prejudice, preventive measures on the accused.

The bishops of Malta and Gozo had issued internal rules to regulate this phase of the process. In 1999, the then Archbishop Joseph Mercieca and the Bishop Nikol Cauchi regulated the preliminary investigation phase in cases of sexual abuse.

A response team made up of independent professionals was created to receive and investigate allegations of sexual abuse. The policy was ahead of its time since it was the first safeguarding commission in Malta. Even the Vatican regulations were issued later in 2001.

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