NEW CANONICAL LAWS Addressing Sexual Misconduct in the Church

Benedict Nguyen, M.T.S., J.D./J.C.L., D.Min (ABD) Chancellor / Canonical Counsel & Theological Advisor of Corpus Christi 26 June 2019 GOALS OF THIS IN-SERVICE

NOT: Analyzing the Crisis Opinion Speculation Specific Cases GOALS OF THIS IN-SERVICE

To Convey INFORMATION 1. Terminology / Current Applicable Laws

2. Overview of How Allegations & Cases of Abuse Are Handled

3. Update on Current Developments

Motu Proprio, Vos Estis Lux Mundi (7 May 2019)

USCCB June 2019 Meeting TERMINOLOGY the and offices of the Vatican (Roman ) that assists him (see CIC, can. 361) an office of the Vatican that assists the Pope and the bishops of the world concerning a specific subject area CONGREGATION FOR THE DOCTRINE OF THE FAITH (CDF) • the dicastery in the Holy See that is charged with safeguarding Church teaching

• since 2001, St. John Paul II also charged the CDF with handling and adjudicating cases of clerical APOSTOLIC (Papal) NUNCIO

• the Pope’s ambassador to a certain country or territory

• the embassy of the Papal Nuncio in a country is called a “nunciature” APOSTOLIC NUNCIO to the U.S.A

Archbishop Christophe Pierre

Appointed: April 12, 2016 PARTICULAR CHURCH

another name for the Church officially organized in a certain territory or for a certain purpose

• e.g. - a DIOCESE (territory) - the Military Archdiocese (purpose) BISHOPS’ CONFERENCE

• the gathering of all the bishops of a certain geographical area (usually grouped by countries)

• limited authority

• can only act where allowed by the Code of Law or the Holy See approves them to act SEE

• from the Latin “sede” meaning “chair” or “seat”

• usually means “diocese” PROVINCE

• aka “ecclesiastical province”

• a grouping of several into a territory

• in the U.S., provinces are usually divided by states but not always ARCHDIOCESE

• aka “metropolitan see”

• the chief diocese of a province METROPOLITAN

• the bishop of an archdiocese; uses the title “Archbishop”

• has only a few limited duties over the suffragan dioceses of the province (CIC, can. 436) SUFFRAGAN

• a diocese or bishop in a province other than the archdiocese/archbishop

Daniel Cardinal DiNardo ORDINARY (can. 134) • Diocesan Bishop ORDINARY (can. 134) • Diocesan Bishop • Those Equivalent to Diocesan Bishop ORDINARY (can. 134) • Diocesan Bishop • Those Equivalent to Diocesan Bishop • ORDINARY (can. 134) • Diocesan Bishop • Those Equivalent to Diocesan Bishop • Vicar General • Episcopal Vicars ORDINARY (can. 134) • Diocesan Bishop • Those Equivalent to Diocesan Bishop • Vicar General • Episcopal Vicars • Clerical Major Superiors (certain religious orders) CANONICAL LEGAL TERMS UNIVERSAL LAW • canonical law that binds Catholics around the world PARTICULAR LAW • canonical law that binds Catholics in a certain territory DELICT

• a canonical crime GRAVIORA DELICTA • “more grave delicts”

• canonical crimes warranting use of SST procedures CONTRA SEXTUM

• “against the Sixth” (Commandment)

• sexual sin or delict PRESCRIPTION

• Canonical statute of limitation APOSTOLIC LETTER • Papal document

• “own initiative”

• Promulgating new canonical laws VADEMECUM

• Guide / Handbook

• Implementing certain policies or practices BRIEF HISTORICAL OVERVIEW OF APPLICABLE LAW PRIOR TO 1983 CODE OF

•

• (1922) CODE OF CANON LAW 1983

• Book VI – Sanctions in the Church

• Various delicts concerning sexual misconduct

• Canon 1395 – clerical sins “contra sextum”

• Book VII – Processes

• Penal Process (canon 1717-1731) 1990s

• Various supplements to existing canon law (especially in 1994)

• Dallas Scandals (late 1990s)

• Boston Scandals (early 2000s) SACRAMENTORUM SANCTITATIS TUTELA (SST)

• 2001 (rev. 2003, 2010)

• Motu Proprio by Pope St. John Paul II SACRAMENTORUM SANCTITATIS TUTELA (SST)

Made universal law: ➢ 18 and below as “minor”

➢ Prescription as 10 years from age of majority

➢ Gave CDF jurisdiction to dispense from prescription SACRAMENTORUM SANCTITATIS TUTELA (SST)

Gave jurisdiction to CDF:

➢ Authority to adjudicate all clerical sexual abuse cases

➢ CDF can dispense from prescription SACRAMENTORUM SANCTITATIS TUTELA (SST)

2003 revision:

➢ Gave jurisdiction to CDF to allow lay persons to serve in certain capacities in a graviora delicta process SACRAMENTORUM SANCTITATIS TUTELA (SST) 2010 revision:

➢ Increased prescription to 20 years from age of majority

➢I.e. – until 38 years old • United States Conference of Catholic Bishops, 2002

• Particular law for the U.S. dioceses • Mandatory Reporting to Civil Authorities

• Lay Review Boards • Victims Assistance Coordinators

• Safe Environment Training

• Background Checks “Zero Tolerance” Policy if found guilty:

➢ Permanent Removal From Ministry, OR

➢ Dismissal from the Clerical State (“laicization”) • Diocesan Audits

• Commissioned Two John Jay Criminal Studies REMOVAL OF CLERIC FROM MINISTRY (CIC, can. 1722)

At Allegation:

Discretion of Bishop

If Confirm “Semblance of Truth” (referral to CDF):

Mandatory If Cleric has committed sexual abuse of a minor:

➢ May NOT be transferred to another diocese for ministry • “Suitability Letters”

• Must contain necessary information regarding any past act of sexual abuse of minor PARTICULAR LAW PARTICULAR LAW

SAFE ENVIRONMENT HANDBOOK (2018) PARTICULAR LAW Criminal Background Check, initially and every three (3) years

Safe environment training, initially and every three (3) years

Code of Conduct OVERVIEW OF THE CANONICAL PENAL PROCESS

In re Graviora Delicta contra sextum PHASE 1: ALLEGATION PHASE 1: ALLEGATION

• ALLEGATION received concerning sexual abuse of a minor or vulnerable adult by a cleric

• Semblance of Truth

• Mandatory Report to Civil Authorities PHASE 1: ALLEGATION

• Inform the Cleric / Opportunity to Respond

• Right to Legal/Canonical Counsel

• Exclusion from Ministry if necessary (can. 1722)

• Presumption of Innocence PHASE 2: PRELIMINARY INVESTIGATION

• Canon 1717

• Ordinary opens investigation / Gathers Info

Can Consult with: 1) Review Board 2) Two Judges PHASE 2: PRELIMINARY INVESTIGATION

Ordinary determines if still Semblance of Truth, if so he MUST:

1) that penal process can move forward

2) Refer the Case to the CDF

3) Impose Exclusion from Ministry if not already PHASE 2: PRELIMINARY INVESTIGATION CDF Responds:

1) Dismiss the Case, or 2) Take Case to Itself, or 3) Grant Jurisdiction for:

Judicial Penal Process, or Administrative Penal Process 4) Other PHASE 3: JUDICIAL PENAL PROCESS

• Regular Process

• 3-Judges Assigned

• Promoter of Justice

• Proceeds According to Canonical Trial Procedure (Bk 7 of Code of Canon Law) PHASE 3: JUDICIAL PENAL PROCESS

• Evidence/Witnesses

• ACTA Given to the Accused

• Canon Lawyers’ Briefs

• Decision by Judges PHASE 3: ADMINISTRATIVE PENAL PROCESS

• Ordinary or Assigned Judge Conducts the Adjudication

• Evidence/Witnesses

• ACTA Given to the Accused

• Canon Lawyers’ Briefs

• Two Assessors

• Decision by Ordinary or Judge PHASE 4: DECISION

• Delict Established to Moral Certainty

OR

• Delict NOT Established to Moral Certainty PHASE 4: DECISION

Imposition of Sentence/Penalty

In the U.S., if the Delict is Established (Charter, Norm 8), must impose either:

1) Permanent Removal from Ministry

OR

2) Dismissal from the Clerical State PHASE 5: APPEALS

To CDF

1. Congresso (Ordinary Section)

• Confirm • Overturn • Modify • Remand

2. Collegio (Feria IV) - Established in 2014 as 2nd Appeal

• Reject the Appeal • Confirm • Overturn • Modify • Remand CURRENT DEVELOPMENTS SUMMER 2018

• Theodore Cardinal McCarrick

• Pennsylvania Grand Jury Report

• Archbishop Carl Maria Viganò

• International Reports Concerning Bishops

• Vatican Announces Summit USCCB FALL MEETING

• November 2018

• Moves for Several Initiatives

• Holy See instructs to delay until after Feb 2019 Summit JANUARY 2019

• At ’s suggestion, U.S. bishops hold a Retreat to reflect on how to respond to the ongoing sexual abuse crisis

• Theodore McCarrick is dismissed from the clerical state (laicized)

• All Texas dioceses release the names of those credibly accused since 1950 FEBRUARY 2019

Vatican holds international summit of bishops’ conference presidents on sexual abuse MAY 2019

Pope Francis issues Motu proprio Vos estis lux mundi – implementing additional universal law for handling sexual abuse cases USCCB JUNE MEETING

Passes three items:

• Episcopal Commitment

• Protocol for Dealing with Bishops Who Were Removed or Resigned for Mishandling of Abuse Cases

• Establishing a National 3rd Party Reporting Mechanism and “Metropolitan Model” for Investigating Bishops Apostolic Letter Given Motu Proprio VOS ESTIS LUX MUNDI

Pope Francis (7 May 2019) VOS ESTIS LUX MUNDI

Title I: General Provisions

Title II: Provisions Concerning Bishops and Their Equivalents VOS ESTIS LUX MUNDI

Title I General Provisions VOS ESTIS LUX MUNDI, Art. 1

Norms apply to:

• Clerics (Bishops, Priests, Deacons)

• Members of Institutes of / Societies of Apostolic Life VOS ESTIS LUX MUNDI, Art. 1

DELICTS AGAINST THE SIXTH COMMANDMENT

(1) Forcing someone by violence or threats or through abuse of authority to perform or submit to sexual acts VOS ESTIS LUX MUNDI, Art. 1

DELICTS AGAINST THE SIXTH COMMANDMENT

(2) Performing sexual acts with a minor or vulnerable adult VOS ESTIS LUX MUNDI, Art. 1

DELICTS AGAINST THE SIXTH COMMANDMENT

(3) Child Pornography

• Produce • Exhibit • Possess • Distribute • Recruiting Minor/Vulnerable Person to participate in pornographic exhibition VOS ESTIS LUX MUNDI, Art. 1

DELICTS AGAINST THE SIXTH COMMANDMENT

(4) DELICT OF “OBSTRUCTION”

“actions or omissions intended to interfere with or avoid civil investigations or canonical investigations…” DEFINITIONS, Art. 1, §2

MINOR

•Under 18 / those equivalent DEFINITIONS, Art. 1, §2

VULNERABLE PERSON

Infirmed Person

Physical or Mental Deficiency

Deprivation of Physical Liberty (even if occasional)

Limits their ability to understand / want / resist DEFINITIONS, Art. 1, §2

CHILD PORNOGRAPHY

Any representation of a minor involved in explicit sexual activity

Regardless of means used

Real or Simulated

Any representation of sexual organs of minors primarily for sexual purposes REPORTING, Art. 2

• Requires every diocese to have public, stable means of reporting abuse.

• U.S. dioceses already required to do this by the Charter/Essential Norms

• Ordinary who receives the report must transmit without delay to:

• Ordinary of where the events alleged to have happened, and • Ordinary of the accused person MANDATORY REPORTING, Art. 3

WHO IS REQUIRED TO REPORT?

➢ CLERICS

➢ MEMBERS OF INSTITUTES OF CONSECRATED LIFE / SOCIETIES OF APOLOSTIC LIFE MANDATORY REPORTING, Art. 3

WHEN REQUIRED TO REPORT?

➢ Whenever has notice of, or well-founded motives to believe that

➢ One of the delicts in Art. 1, §1 has been committed

Note: Not just abuse of minors but any of Art. 1 delicts MANDATORY REPORTING, Art. 3

EXCEPTION TO REPORTING

• Except as provided for by CIC, canon 1548 §2:

• Knowledge gained: “by reason of sacred ministry” MANDATORY REPORTING, Art. 3

“BY REASON OF SACRED MINISTRY”

• Seal of Confession Exempt

• Formal Counseling/Spiritual Direction Exempt MANDATORY REPORTING, Art. 3

RECALL, THAT IN U.S.:

Mandatory Reporting Laws of the State

See Safe Environment Training MANDATORY REPORTING, Art. 3

REPORT TO WHOM?

To Ordinary of place of alleged incident

OR

Another Ordinary (that Ordinary then has duty to report)

If concerns a Bishop, must use Bishop reporting mechanism

Or via other appropriate means “WHISTLE-BLOWER” PROTECTION, Art. 4

• Reporting DOES NOT violate office confidentiality

• No retaliation, prejudice, discrimination allowed due to reporting

• Retaliation is itself a delict of OBSTRUCTION

• CANNOT impose obligation to keep silent concerning contents of one’s report CARE FOR PERSONS, Art. 5

Those alleging harm and their families must be treated with respect:

– Welcomed, listened to, supported – Offered spiritual assistance – Offered medical assistance, therapy, psychological assistance (case-by-case)

• Good name / privacy / confidential data of persons involved shall be protected VOS ESTIS LUX MUNDI

Title II Concerning Bishops PERSONS INCLUDED, Art. 6

• Cardinals • Patriarchs (Eastern Churches) • Bishops • Legates of the Roman Pontiffs (Papal Nuncios) • Clerics serving as pastoral heads of a Particular Church • Supreme Moderators of Institutes of Consecrated Life/Societies of Apostolic Life

• For acts committed DURANTE MUNERE (during term of office) , Art. 7

Congregation for the Doctrine of the Faith

Others listed in Art. 7, with their respective subject matter METROPOLITAN MODEL, Art. 9

Report against a Bishop (or those listed above) goes to: 1. Holy See

2. Metropolitan (Archbishop) of the Person Reported METROPOLITAN MODEL, Art. 9

If against Metropolitan, goes to:

1. Suffragan Bishop, senior in promotion

If against Papal Nuncio, goes to:

1. Vatican Secretariat of State METROPOLITAN MODEL, Art. 9-10

1. Report goes to Metropolitan

2. Metropolitan also transmits report to Holy See

3. If Metropolitan thinks the report is unfounded: informs the Papal Nuncio of this

4. Otherwise, Metropolitan requests from Holy See to be assigned to investigate METROPOLITAN MODEL, Art. 9-10

5. Dicastery responds within 30 days with instructions (can assign to someone else)

6. Metropolitan can investigate:

Personally, OR Delegate Another Person, OR Put together a team

7. Collects all relevant facts:

Interviews if necessary Take necessary steps to preserve documents/info METROPOLITAN MODEL, Art. 9-10

8. Assign a Priest-Notary

9. Recuse himself if necessary

10. Respect Presumption of Innocence

11. Send Status Report to Holy See every 30 days METROPOLITAN MODEL, Art. 9-10

NOTE: Metropolitan is an INVESTIGATOR not a JUDGE QUALIFIED PERSONS / LAY INVOLVEMENT, Art. 13

• Bishops of a Province can put together a list of qualified persons (clerical or lay) who can assist in investigation

• Metropolitan always free to choose other qualified persons

• Must be impartial and free of conflicts of interests (otherwise, must recuse)

• Must take Oath to fulfill duties properly DURATION OF INVESTIGATION, Art. 14

• Investigation is to be completed within 90 days

• Can request extension WHO PAYS FOR THIS?, Art. 16

• The Provinces may establish a fund to aid in investigations. TRANSMISSION TO HOLY SEE Art. 17

• After Investigation, Metropolitan writes a “VOTUM” (opinion)

• Transmits Votum and entire Acta (all documents) to Holy See

• Once this is done, all his ability to investigate, etc. CEASES

• Holy See may ask Metropolitan to inform the person of the outcome STATE LAW, Art. 19

• Must Comply with State Law VOS ESTIS LUX MUNDI

Ad experimentum for three (3) years

Takes effect June 1, 2019 USCCB JUNE MEETING

Pass Three Items:

1. Affirming Our Episcopal Commitments

2. Protocol Regarding Available Non-Penal Restrictions on Bishops

3. Directives for the Implementation of the Provisions of Vos Estis AFFIRMING OUR EPISCOPAL COMMITMENT • Reaffirms commitment of the bishops to live according to the standards of the Gospels

• Subject themselves to the same high standards as for priests, religious, lay persons

• Subject themselves to the Charter, within the limits of canon law

• Commitment to include the expertise of qualified lay persons PROTOCOLS ON NON-BINDING RESTRICTIONS ON BISHOPS

• Guidance on dealing with bishops

• who were removed or resigned due to sexual misconduct or

• issues related to the handling of sexual misconduct IMPLEMENTATION OF VOS ESTIS LUX MUNDI • Affirm Duties of the “Metropolitan Model”

• Outline Use of Lay Experts in Investigation Process

• Pastoral Care for Those Who Are Harmed

• Implementation of 3rd Party National Reporting Mechanism

• Complaints / reports can always be made to law enforcement LOOKING AHEAD

VADEMECUM NEW CANONICAL LAWS Addressing Sexual Misconduct in the Church

Benedict Nguyen, M.T.S., J.D./J.C.L., D.Min (ABD) Chancellor / Canonical Counsel & Theological Advisor Diocese of Corpus Christi 26 June 2019