What Is the Pope's Role in Church Abuse Scandal?

A Parallel World of Murky Legality

It wasn't until 2001, after a sexual abuse scandal had rocked the Catholic Church in the US, that Cardinal Ratzinger took action. He decreed that the local churches now had to report all such suspected cases to his offices of the Congregation of the Doctrine of the Faith in Rome -- but under strict secrecy.

Monsignor Charles Scicluna currently serves as the church's Promoter of Justice, making him, in effect, the Vatican's internal prosecutor. Between 2001 and 2010, he investigated over 3,000 accusations lodged against members of the clergy who had allegedly violated their vows of celibacy.

In dealing with such cases, Church officials operate in a parallel world of murky legality. Clergymen play the roles of judge and prosecutor, files are kept secret and witnesses are questioned, but never informed of the purpose of the interrogation.

In 300 cases, the defendants were found guilty and given the mandatory maximum penalty: dismissal from the clergy. In another 300 cases, the defendants anticipated that they would be thrown out of the church and preempted this by asking to be dismissed. This group includes priests who had been caught with pornographic images of children. And around 1,800 priests only received a relatively mild punishment due to their advanced age: They were banned from performing the sacrament.

No Complaint, No Plaintiff, No Judge

All the while, state prosecutors remained relatively powerless to counter the church's leniency -- mainly because they know nothing about the offenses committed. When there is no plaintiff, there is no judge. As long as church officials do not file official complaints and succeed in persuading the victims' families not to report offenses to the authorities, then the Catholic Church can continue to act within its own realm, and beyond the reach of secular laws. Up until now, nobody from the outside world has been able to do anything about it.

So far, there are no known cases in which bishops or vicar generals have been prosecuted for protecting pedophile subordinates or because they allowed them to continue to work with young people -- as in the case with the priest Peter H.

Nevertheless, as the policies of the official body of the Protestant Church in Germany (the Evangelical Church of Germany, or EKD) clearly demonstrate, it is actually possible to crack down on sexual offenders in the clergy. "As soon as initial suspicions arise," says EKD spokesman Reinhard Mawick, "they are reported to the police so the state prosecutor can investigate."

The Evangelical Church of Westphalia, for example, has had a 64-page manual on how to deal with sexual assault for a long time. These guidelines provide detailed information on how to recognize perpetrators and it also lists possibilities for best supporting victims. The Church has to take "active and clear steps to prevent sexual assault," it says in the publication.

In response to a request from SPIEGEL, the EKD has checked how many cases of abuse have come to light. Results have come in from nine of the 22 district churches across Germany. Over the past 10 years, there have been exactly 11 cases within those churches -- and only one had to do with pedophilia. Any clergymen or deacons involved were removed from the service of the church.

Translated from the German by Paul Cohen

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