OPINION: WANT TO END CHILD SEX ABUSE IN THE CHURCH, POPE FRANCIS? CHANGE CANON LAW

UNITED STATES
Newsweek

October 4, 2018

By Carolyn Warner

Last week Pope Francis acknowledged that the way the Church’s leadership has handled child sex abuse was driving away those who are the future of the Church: young people. He stated, “we ourselves need to be converted…we need to change the many situations that, in the end, put you off.”

The speech came not long after a Pennsylvania grand jury report revealed that over 300 priests had sexually abused at least 1000 children over a period of 70 years, and a study in Germany found a similar pattern of abuse and the Church’s failure to address it. The pope himself has been accused of protecting the now ex-Cardinal Theodore McCarrick, who is alleged to have sexually assaulted seminarians and a child. People have rightly wondered why, for so long, the pope and his bishops, who are supposed to be shepherds over their flock, have left the wolves to the sheep.

The pope, rather than asking for forgiveness, or having the Church’s leadership undergo an unspecified “conversion,” should focus on some basic institutional reforms. The first among those is revising the Code of Canon Law—the legal rules by which the Church operates. Bishops are sworn to follow canonical procedures as well as various instructions later issued by popes to clarify the application of canon law. As Cardinal Francis George of Chicago said in a deposition, “A bishop must obey the rules of the Church. We’re all in a society of law in the Church too.” Bishops also are only responsible to the pope—they do not answer to fellow bishops or parishioners.

It’s clear that if Francis wants to start solving the problem of how the Church has mishandled child sex abuse cases, he needs to undertake a revision to the Code of Canon Law to make the first response to abuse punitive, restore to diocesan bishops the capacity to defrock priests, raise the statute of limitations, reduce the stress on secrecy about alleged cases, require reporting to local civil authorities, and implement rules for handling errant bishops.

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