Vatican
issues Vademecum: procedures regarding cases of sexual abuse of minors
The
Congregation for the Doctrine of the Faith (CDF) publishes an “instruction
manual”, a step-by-step guide to help ascertain the truth in cases of minors
who have suffered abuse on the part of a member of the clergy.
By
Isabella Piro
Substantially,
the Vademecum provides precise responses to what can
be called the most frequently asked questions. It is an instruction manual
which, in a bit more than 30 pages and 9 chapters, responds to the main
questions to several procedural steps regarding how cases of the sexual abuse
of minors committed by members of the clergy should be handled. It is not,
however, a normative text. Nor does it introduce new legislation on the
subject. Rather, it is a tool designed to help Ordinaries and legal
professionals who need to apply canonical norms to actual cases regarding
the delicta graviora (more serious delict or crime). The Vademecum says
such crimes referred to as delicta graviora “constitute for
the whole Church a profound and painful wound that cries out for healing.”
The
request for this tool was made during the global Meeting of the Presidents of
the Episcopal Conferences on the Protection of Minors held in the Vatican in
February 2019. This edition of the Vademecum is identified as
version “1.0” since periodic updates are foreseen as the normative texts or
praxis in the CDF is modified. As the Vademecum itself states:
“Only a profound knowledge of the law and its aims can render due service to
truth and justice, which are especially to be sought in matters of graviora
delicta by reason of the deep wounds they inflict upon ecclesial
communion.”
Legal
references
What
constitutes a crime? How does the preliminary investigation take place? What
are the possible penal procedures? These are some of the specific questions
answered precisely with continual reference to the current Code of Canon Law,
the Motu proprio Sacramentorum
Sanctitatis Tutela issued by Pope John Paul II in 2001 and updated
by Pope Benedict XVI in 2010, as well as to the more recent Motu proprio Vos
estis lux mundi, issued by Pope Francis in 2019. In addition, in some
cases, the Vademecum specifies the differences between the
Code of Canons of the Eastern Churches and the Code of Canon Law for the Latin
Church. For example, in the case of the procedure for conducting an
extrajudicial (or administrative) trial, which abbreviates and accelerates the
judicial process while maintaining the guarantee of a fair trial, the Latin
Church does not require that a Promoter of Justice be appointed, whereas this
is obligatory in the Eastern Churches.
Welcoming,
listening to and accompanying the person who was abused
There
are four particular areas that the Vademecum identifies.
Protection of the person comes first. The ecclesiastical authorities are to
”ensure that the alleged victim and his or her family are treated with dignity
and respect”. They are to be offered “welcome, attentive hearing and support,
also through specific services, as well as spiritual, medical and psychological
help, as required by the specific case.” “The same,” the manual continues, “can
be done with regard to the accused.” It also recalls the importance of
defending “the good name of the persons involved”. In the case of protecting
the common good, the Vademecum underlines that providing
information regarding an accusation does not “constitute a violation of one’s
good name”.
Rights
of the accused
Even
if the “commission of the delict is manifestly evident”, the accused must
always be guaranteed the right to self-defence. At the same time, as chapter 9
states, from the moment that there is a notification of a possible crime, “the
accused has the right to present a petition to be dispensed from all the
obligations connected with the clerical state, including celibacy, and,
concurrently, from any religious vows.” This request is presented in writing to
the Pope through the CDF. However, while the accused can present an appeal in
either the penal or administrative processes, the decision of the Supreme
Pontiff is final.
Careful
verification of information
A
second aspect that emerges from the Vademecum is the need to
scrupulously and accurately verify all the information received by an Ordinary
regarding an alleged case of abuse. Even if there has not been a formal
complaint, even if the news was first published via the mass media (social
media included), even if the source is anonymous, the Vademecum suggests
the attentive evaluation of any type of information received. The seal of
confession, naturally, remains valid. In this case, the confessor must try to
convince the penitent to provide the information of the alleged abuse in
another way.
Secret
of office and public notification
A
third aspect covers communication. A few times, the Vademecum brings
up the obligation to respect “secret of office”. It also stresses that, during
the preliminary investigation, the alleged victim and witnesses have no
”obligation of silence about the allegations”. It does ask that “the
inappropriate or illicit diffusion of information to the public” be avoided,
especially in the preliminary investigative phase so as not to give the
impression that the facts are valid. At the same time, it explains that, should
documents be sequestered or if the civil authority orders that documents be
handed over, the Church cannot guarantee confidentiality over documents
acquired by third parties in this way.
One
paragraph focuses on public notifications that must be made during the
preliminary investigation. In these cases, it recommends caution and the use of
“brief and concise” statements, without “clamorous announcements” or
apologizing on behalf of the Church so as not to anticipate judgment regarding
the facts.
Collaboration
between Church and state
The
importance of collaboration between the Church and state is a fourth aspect
covered in the Vademecum. It brings up, for example, that “even in
cases where there is no explicit legal obligation to do so, the ecclesiastical
authorities should make a report to the competent civil authorities if this is
considered necessary to protect the person involved or other minors from the
danger of further criminal acts.” In addition, it reiterates that “the
investigation should be carried out with respect for the civil laws of each
state”.
Avoiding
the transfer of clerics involved
Finally,
other particular indications are given. The first regards precautionary
measures. These are not a punishment, but rather are an administrative act that
can be imposed at the beginning of the preliminary investigation to protect
both the good name of the persons involved and the public good, to avoid
scandal, the covering up of evidence, or possible threats to the alleged
victim. Once the reason for such precautionary measures no longer exists or the
process has concluded, they can be revoked. However, the Vademecum recommends
the use of “prudence and discernment” in this area.
A
second indication involves the use of the terminology “suspensio a divinis” to
indicate the prohibition of the exercise of the priestly ministry imposed as a
precautionary measure. The Vademecum suggests that this term
be avoided in the preliminary investigation phase since such a penalty “cannot
yet be imposed at this stage.” Rather, it recommends the use of the term “prohibition from
the exercise of the ministry”. During the preliminary investigation phase, the
transfer of the priest involved is always to be avoided.
This
is a working translation from the Italian original.
The
full text of the Vademecum can be found
by clicking here.
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