UNITED STATES
The Conversation
January 13, 2020
By Christine P. Bartholomew, Associate Professor of Law, University at Buffalo, The State University of New York
Pope Francis recently removed one of the barriers facing sex abuse victims looking for justice – the “Rule of Pontifical Secrecy.”
The rule is an obligation under the church’s laws to keep sensitive information regarding the Catholic Church’s governance strictly confidential. This rule allowed church officials to withhold information in sexual abuse cases, even where there was an alleged cover-up or a failure to report allegations. The clergy could claim secrecy even from victims or legal authorities.
Pope Francis stated on Dec. 17, 2019, in a press release “On the Topic of Confidentiality in Legal Proceedings,” that his intention in ending papal secrecy was to increase transparency in child abuse cases.
As a legal scholar, I have extensively analyzed the use of evidence rules that shield confidential communications with clergy. I argue that even with the removal of the papal secrecy rule, transparency might remain illusive for abuse victims.
The Catholic Church has other practices it can rely on to conceal information.
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