CARDINAL ADDRESSES PROBLEMS OF SEXUAL ABUSE AND PEDOPHILIA

VATICAN CITY, MAR 21, 2002 (VIS) - Cardinal Dario Castrillon Hoyos, prefect of the Congregation for Clergy, today addressed the questions of sexual abuse and pedophilia during the press conference to present Pope John Paul's Letter to Priests for Holy Thursday 2002.

Following is his entire intervention on these questions:

"With regard to the problems of sexual abuse and pedophile cases, allow me to give a single answer.

"Within the sphere of pan-sexuality and libertinage that have come about in the world, several priests, men of this culture, have committed the extremely serious crime of sexual abuse.

"I wish to emphasize two points:

"There are no comparative statistics with regard to other professions such as doctors, psychiatrists, psychologist, educators, sportsmen and women, journalists, politicians or any other common categories, including parents and relatives. From what we know as the result of one study - among others - published in the book by Professor Philip Jenkins of Pennsylvania State University, about three (3) percent of the American clergy would seem to have tendencies towards the abuse of minors and 0.3 percent of clergy would seem to be pedophiles.

"2. At a moment in which Christian sexual morals and civil sexual morals have suffered a notable slackening worldwide, paradoxically, but also fortunately, over a period of months a sense of rejection and a shared sensitivity with regards to pedophilia has developed, with both penal and economic repercussions regarding compensation for damages.

"What is the attitude of the Catholic Church?

"The Church has always defended public morals and the common good and has intervened in defense of the holiness of the lives of priests, setting up sanctions for these crimes through her canonical laws.

"The Church has never neglected the problem of sexual abuses, above all by sacred ministers, not only towards the faithful in general but in a special way towards minors, for whom our priority is the duty to educate in the faith and Christian morals (cf. the Congregations history dedicated to education and human promotion).

"Already in the 1917 Code of Canon Law, Canon 2359, para 2 stated: 'Se delictum admiserint contra sectum decalogi praeceptum cum minoribus infra aetatem sexdecim annorum ... suspendantur, infames declarentur, quolibet officio, beneficio, dignitate, munere, si quod habeant, priventur, et in casibus gravioribus deponantur'.

"In the revised 1983 Code of Canon Law, there is a precise reference to this problem in Canon 1395, para 2 ('If a cleric has otherwise committed an offense against the sixth commandment of the Decalogue with force or threats or publicly or with a minor below the age of sixteen, the cleric is to be punished with just penalties, including dismissal from the clerical state if the case warrants it') and in the Code of Canons of the Eastern Churches from 1990, Canon 1435, para 1.

"More recently the Holy Father John Paul II deplored the seriousness of these types of behavior, firmly reminding Bishops and priests to be vigilant in fidelity to their commitment to moral exemplarity, both writing and speaking to the Bishops of the United States of America, and in the Apostolic Exhortation 'Ecclesia in Oceania' where he declared: 'In certain parts of Oceania, sexual abuse by some clergy and religious has caused great suffering and spiritual harm to the victims, It has been very damaging to the life of the Church and has become an obstacle to the proclamation of the Gospel. The Synod Fathers condemned all sexual abuse and all forms of abuse of power, both within the Church and in society as a whole. Sexual abuse within the Church is a profound contradiction of the teaching and witness of Jesus Christ. The Synod Fathers wished to apologize unreservedly to the victims for the pain and disillusionment caused to them. The Church in Oceania is seeking open and just procedures to respond to complaints in this area, and is unequivocally committed to the compassionate and effective care for the victims, their families, the whole community, and the offenders themselves'.

"On April 30, 2001, the Holy Father published the Apostolic Letter 'Sacramentorum sanctitatis tutela' with the 'Normae de gravioribus delictis Congregationi pro Doctrina Fidei reservatis' whereby the jurisdiction for a series of grave crimes against the holiness of the Sacraments and against the specific educating mission of sacred Ministers towards the young, including pedophilia, is reserved solely to the Congregation for the Doctrine of the Faith.

"The Congregation for the Doctrine of the Faith, in assuming this special jurisdiction, sent a letter in this regard to the world's Bishops, and accompanies them in undertaking responsibilities in the face of such grave facts, both in order to avoid the risk of any negligence, and for a greater connection and coordination among local Churches and the central government of the Universal Church, with the aim of obtaining a more homogenous behavior on the part of local Churches, while still respecting the diversity of situations and persons.

"With the old norms, one could speak of pedophilia if a cleric had this type of criminal behavior with a minor under the age of 16. This age limit has now been raised to 18. In addition, for this type of crime the precept has been prolonged to ten years and it has been established that this starts when the victim is 18 years old, aside from when the victim underwent the abuse.

"In the norms there is also, shall we say, a kind of element of guarantee. This will serve to distance any danger that the culture of suspicion might win out. A true, regular process for ascertaining facts and for confirming the proof of guilt before a court has been foreseen. Certainly we must insist on the rapidity of such a process. But what must also be insisted on are preliminary investigations that allow cautionary provisions to be taken that prevent the suspected individual from causing further harm.

"The provisions and processes must guarantee the preservation of the sanctity of the Church, the common good and the rights of the victims and those who are guilty.

"The Laws of the Church are serious and severe and were conceived within the apostolic tradition of treating internal things from within, which does not mean in the external public order, nor removing oneself from any civil regulation that is in force in various countries, except for the case of sacramental seal or secrets linked to the exercise of the episcopal ministry and the pastoral common good."

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