Lets address some issues here with facts as opposed to opinion. This thread is getting to hot by people making statements based on what they read in the Newspaper, for some background I decided to give some background on the Catholic Church and the abuse cases. I included some Web Sites at the bottom of this paper including the web site of the Survivors Network of Those Abused by Priests (SNAP).
First the hierarchy of the Catholic Church is descended from how the late Western Roman Empire was formed, with a strong influence from the Germanic concept of fief. The key here is that while the Pope select the Bishops, who he selects is limited (Often to natives of that country or other restrictions depending on tradition. For example the US College of Bishops provides a list of people whenever a Bishopry opens up and the Pope must pick one of the persons on the list. In Iraq, the Chaldean Catholic Church recently lost their Bishop and the clerics were to meet a elect a new Bishop who would than be approved by the Pope. These are traditions within these dioceses and countries ).
Furthermore from the Middle Age concept of Fief, comes the concept that once a Diocese is given to a Bishop, it is his for life (i.e. CAN NOT BE REMOVED BY THE POPE). Now, this does not mean the Pope does not have some power over the Bishops. The Catholic Church also inherited from Rome a Judicial System (Which demands evidence of Wrong doing, not just mere accusations) . The Bishops must obey Church Law, but if they disobey all that the Pope can do is reverse any decision of the Bishop, the Bishop stays Bishop. Thus you can have a situation where a Bishops makes decisions, those decisions are reversed but he keeps on making the same decisions (Through this is less of the problem than it appears, most Bishops want to be promoted and that mean being on the good side of the Pope, so most obey).
The only way the Pope can remove a Bishop is through promotion. Thus you have had Bishops in the past, promoted to positions in the Vatican just to remove them from their diocese. For example in the late 1960s Bishop White of Pittsburgh used some money to help some Drug addicts buy Drugs. This was found out and hit the Newspaper, it hurt donations. Bishop White was promoted to be head of the Vatican Library just to get him, out of Pittsburgh.
Now you may wonder why the Bishops were not just promoted to a stop in the Vatican in the Pedophile Cases. The problem is that if you look at the cases, most of the Cases are from the 1970s and 1980s (the Statute of Limitations has expired on earlier cases). In the early 1980s a bad case hit (I believe Louisiana but I can not find the Case right now). After this case the Church did up date its rules but the cases coming up today pre-dates these changes. Further Changes have occurred since 1990, but the incidents of the 1980s and 1990s are still in the court system..
Remember we are talking of young children, the Statute of Limitation does not start to run till their can sue in their own name (Generally age 18, but may be 21 in some states). The Statute of Limitations for most things today is four years (The Uniform Commercial Code adopted this in the mid-1950s and most states have adopted it for more than just what is covered by the UCC, but other states have much longer and shorter statutory periods, varies from state to State). A further factor is litigation can last 3-4 years including appeals. My point here is the acts you are hearing of today may have occurred 20 years ago, and that is NOT unusual in these cases. Thus, the Church may have adopted strict new rules (and the Church has adopted such strict rules) but we are still seeing the effect of the lack enforcement done 15-20 years ago.
Now how did the Catholic Church get into this mess? First you must understand Pedophiles. Most such incidents occur within families, something like 80-90% of all sexual abuse of Children are done by members of their own families. Disgusting but true (Through statistics are hard to come by, families tend to cover these incidents up). The Catholic Church has a higher rate of such cases given it is viewed as more like part of one’s extended Family as opposed to a business, but even the cases within the Church pales besides what happens in families. That is NOT an excuse for the Church, I am just pointing out the sad facts of these types of Cases.
A further complications in these types of cases is trying to prove them. You generally have two people saying opposite things, the victim saying the Priest did it, and the Priest denying the charge. How do you prove it one way or another? Given that FALSE charges of abuse have been made by people who disliked certain Priests how do you protect BOTH children and the Priests? Evidence would be nice, but generally when the allegations is made it is days, weeks, months or even years later. No physical evidence exists do to the time delay (if any physical evidence ever did exist, you can have molestation without any outward physical evidence of the sexual assault). This is complicated by the Church’s concern for Due Process. When some rules were first proposed to deal with pedophile cases some Vatican Officials expressed objections to these changes given the lack of Due Process to the accused (i.e. the priest accused on the abuse). The church prides itself of always following its own law and demanding evidence of a wrong before punishment can be imposed. For example, Martin Luther was not excommunicated for his posting of his 99 things wrong with the Church, but his Subsequent actions over the next 10 years that showed he no longer was acting within the Catholic Church. The Church demands proof of wrong doing, even when it was running the Inquisition, proof of heresy had to be shown (unlike the Witch Trials run at the same time period in Protestant countries, where evidence was NOT needed, just accusations). The Catholic Church prides itself on its demand for Due Process an all cases. In cases of Pedophiles this has caused some problems for the person being accused (i.e. the Priest) is the person entitled to Due Process. The Victim is the Accuser, and in most systems of Due Process the Burden of Proof is on the Accuser NOT the accused. When they is NO third party witnesses and no physical evidence, how does the Accuser carries the burden of Proof? In most such cases the problem is what happen. Did the Priest abuse the Victim or is the Victim story without basis of fact? She says, he says, a problem within in legal system.
There is two ways to solve this problem, first is establish checks to make sure the priests have very little time to abuse any children they come in contact with. Prior to about 1970 the Nuns provided this check, they had no place better to be than in the Church so the Priests had very little time independent of the nuns to be with children. The number of woman who took vocations dropped drastically after WWII, so the number of Nuns started to drop after about 1960. This check thus disappeared and the Church did not adopt a similar check until after the recent pedophile cases.
The second method is to separate the parties and see if allegation followed the Priest. If it did not than the Bishop could say the Priest’s denial must have been true (I use to do Children and Youth and they have been cases where a molester did stop so this is NOT entirely true, so I can not say the Victim lied, but based on no subsequent accusations I must lien to the Priest).
On the other hand if the accusations followed the Priest the Bishop should have removed him from his parish and make sure he NEVER be in contact with children agin and such a finding should be in the Priest’s personal record. This policy would protect children from being harmed by that priest. It does NOT address harm the abuser has already done, but the first step should be to prevent FURTHER harm. To have punishment you still must prove such abuse occurred and as I pointed out above, hard to do. If it can be proved, than the Priest should have been disciplined and turned over to state authorities. The problem is such abuse is HARD to prove, but that does not mean the Church can not protect children. The Church can still protect Children even if no evidence of abuse, by setting up systems that detects possible abusers and separating them from children.
Given the nature of this crime (and its difficulty to prove) the courts have NOT held any Bishops liable for just one incident by one priest of such abuse. The Church has been hammered for NOT doing the above. i.e. protecting OTHER children from the abuse that the church new or should have known was being done by a Priest. One way the Bishops show their lack of proper supervision of their priest was instead of moving an accused priest once and if another accusation occurs to remove him and to keep the priest away from Children, the Bishops kept moving such priests again and again. This is what the Bishops are having to pay for, failing to properly supervise their priests to make sure that any priests who has a history of such accusations would be kept away from children. Simply put the Bishops were sued for failing to protect their flock when the Bishops knew or Should have known of the history of accusations against a certain Priest.
Now, the church has issued statements about the abuse, and have apologized for it (Through not to the level of issuing an individual apology nor did the church claim the church was at fault instead of individual Bishops and Priests). The Church has also adopted procedures to make sure such abusive Priests are brought to the attention of the Bishop and handled in a way to protect the Priest’s Due process Rights AND keep them away from Children.
Given what the Church has done over the last 10-15 years (and the Court Cases that prompted those changes) I see these cases slowly disappearing from the News. Acts of Pedophiles will still occur (such acts occur in ANY organization as large as the Church), but the church will make every effort to remove any priests from any positions that may give them the opportunity to abuse children based even on one accusation of abuse.
The Church will not rely on reports that such people can be “cured” (a problem that existed more prior to the 1960s than in the 1970s and 1980s) but practice the policy of prevention, making priests understand their duty to report such incidents, for the Bishops to ACT on any complaint of such incidents (including any complaints from lay people and even third parties) AND to make sure the first priority will be to protect children as opposed to the Priests.
Vatican’s 2001 Rules on Pedophile cases:
http://www.skeptictank.org/gen4/gen02339.htmSurvivors Network of Those Abused by Priests
http://www.snapnetwork.org/A pro-Catholic paper on this subject:
http://www.catholiceducation.org/articles/religion/re0534.htmlhttp://www.americancatholic.org/News/ClergySexAbuse/Canon Law:
http://www.ourladyswarriors.org/canon/Information on Church Hierarchy:
http://www.catholic-hierarchy.org/