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Home , Canon Law

SEXUAL ABUSE AND

BRENDAN DALY

EXUAL ABUSE by Catholic Clergy has Canon law received enormous coverage in the sec- Sular media in the last few years. The fig- Canon law is the name for the law of the Catho- ures are appalling. In the United States, the lic . It includes the Code of Canon Criminal Department of John Jay Uni- Law and many other canonical documents is- versity audited the over 300 American sued by , Roman Congregations, Bish- and found that 4% or 4019 clergy out of a to- ops’ Conferences and Bishops. All of canon tal of approximately 100,000 who had served law has the ultimate aim of salvation of souls the American Church since 1970 had credible according to canon 1752 of the 1983 Code of accusations against them. Dioceses in the Canon Law. Canon 1401 of the Code of Can- United States have paid out more that US$2 ons of the Eastern Churches explains the pur- billion in compensation claims. In July 2007 pose of penal law: the Los Angeles alone paid out Since God employs every means to bring back US$660 million to 500 victims. In Canada in the erring sheep, those who have received from 2003, 81 victims at the Mount Cashel Orphan- him the power of loosing and binding are to age were paid US$16 million.1 In New Zea- treat appropriately the illness of those who have land, in 2003 the St John of God Order paid committed offences, by correcting, reproving, out over $4 million to 56 complainants of appealing, constantly teaching and never los- ing patience, and are even to impose penalties sexual abuse by brothers.2 In Ireland, the re- in order to ensure that the wounds inflicted by port on child abuse in the Dublin archdiocese the offence may receive a cure and to preclude examined the responses of 19 bishops to the the offender from being given to dissoluteness sexual abuse of more than 400 children by at of life and contempt of the law. So sinners are least 152 priests in Dublin.3 There have been to be recalled to right Christian living, the in- cases of serious abuse in Australia, Chile, nocent faithful are to be protected from bad be- Canada, England, Austria, sometimes involv- haviour, ecclesiastical communion is to be pro- ing bishops as well. moted. Victims often feel strongly that abusers hide behind concepts of sin and forgiveness External and Internal Forum to both seek forgiveness and make their ac- tions seem less harmful.4 Abusers are allegedly Canon law makes a clear distinction between just able to simply receive forgiveness and get the internal forum and the external forum.5 The on with their lives without really facing the Church’s penal law does not refer primarily to true reality of the harm that they have done. the individual’s relationship with God in the However, the feelings of abhorrence towards person’s conscience, but is aimed at public acts sexual abuse of minors are reflected in the fact affecting the community. The law is concerned that it is not only seriously sinful but it is also with the external forum while encompassing a crime in canon law. A key issue is whether some relatively private acts such as solicitation this law is used or not. in the of , because of the

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potential harm to the community. The Council Msgr Brendan Daly, of Trent taught: PhD. is from Christ- The Apostle warns (1 Tim 5:20) that public sin- church diocese, is ners should be openly rebuked. When, there- Principal of Good fore, someone commits a crime publicly and in Shepherd College in the view of many, by which others are offended Auckland, Associate and scandalised and disturbed, then without a of the doubt a fitting penance for the crime in ques- of the Catholic tion should be publicly imposed on such a per- Church for N.Z. and a son, that one who has incited others to evil by on the Appeal example should recall them to an upright life Tribunal for Australia by the of the person’s penance.6 and New Zealand. Penalties are considered to be a last resort although a number of crimes can be commit- when all other pastoral efforts to help the err- ted by religious. A relatively small number of ing individual by warnings, instruction etc. crimes concern lay people. The most common have been attempted and have failed. (c. 1341) one would be the crime of a woman having an abortion when she is over the age of 16 years, Distinction between Sins and Crimes and all those involved in the crime such as doctors and nurses, plus parents and the boy- A clear distinction is made between sins, grave friend/husband applying pressure on her to sins and grave sins that are crimes as speci- have the abortion.10 fied in law. A crime is the violation of a law that brings with it a penalty. The law defines Types of Penalties that it is an offence because it is so diametri- cally opposed to the Church’s mission to save Canon law has two types of penalties: expia- souls. Offences are considered to be opposed tory and medicinal. to everything the Church stands for. 1. Expiatory penalties are to deter offend- Some crimes are described as grave crimes. ers, to restore right order and to repair the harm These are reserved to the Congregation for the caused to the community. Expiatory penalties Doctrine of the Faith or to the Sacred Peniten- include someone being removed from being a tiary. The Ten Commandments guide the faith- priest because of sexual abuse. ful about the content of grave matter.7 2. Medicinal penalties are aimed at reform- To commit a mortal sin one needs full ing the offender. They include penalties such knowledge, full consent and it has to be seri- as suspension and excommunication. Unless ous matter.8 For delicts or crimes there has to they are automatic penalties, the offender must be a significant amount of all three factors. A be warned first and told if he carries out this person needs to know how wrong an act is and action then he will be suspended. (c. 1347) what penalty is attached to it. Furthermore, the Other penalties can be imposed on people person must consent to the action relatively after death, such as a refusal to allow the per- freely.9 If the offender is insane they cannot son to be buried from a . This receive a penalty. has sometimes happened with IRA bombers However, the Church teaches clearly that or prominent members of the mafia.11 people are usually free and are responsible for their actions. People are not determined by the Prescription fact that they have been sexually abused them- selves or that they have suffered some trauma Prescription (c. 1362) means that there is a as a child. of limitation on pursuing a criminal For the most part crimes concern clergy, action to impose or declare a penalty after a

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certain period of time. All crimes in canon law manded Christians: ‘Do not murder; do not have a prescription of 3 years except for crimes commit adultery; do not practice pederasty, do reserved to the Congregation for the Doctrine not formicate.’15 of the Faith such as sexual abuse of minors Polycarp (c. 69-155), the second bishop (c.1395). The prescription for this is now 10 of Smyrna, wrote to the Philippians: ‘the years after the victim has reached age 18 years. younger men must be blameless in all things, In in New Zealand there is no caring of purity before everything and curb- prescription and a person can be prosecuted ing themselves from every evil…whether for an offence no matter how long ago it took whoremongers nor effeminate persons nor place. This can be controversial as it affects defilers of themselves with men and boys shall the right to defence. E.g. It is difficult to re- inherit the Kingdom of God.’16 member exactly what we did one day last Athenagoras of Athens (c. 133-190) was a month let alone what we did one day 10 years significant apologist and Christian thinker in ago. the second century. He defended the Christian concept of purity and described pederasts as Origins of Penal Law enemies of the Church.17 Canon 71 of the Council of Elvira (305- The churches in New Testament times devel- 306), in Spain, condemned those who rape lit- oped rules and standards of behaviour for the tle boys.18 early Christians. There was an authority struc- The Council of Nicea (325), in canon 9, ture (Acts 20; Phil 1:1). They had in place ordered that unchaste priests before or after processes to resolve disputes as reflected in ordination could not exercise ministry.19 Mt 18. Furthermore, there were The Books of which were com- and rules to punish offenders including excom- mon between the 6th and 11th century give us munication as demonstrated by Mt 18:17 and an important insight into how the Church of 1 Cor. 5:1-5. Jesus condemned a person who that time viewed sins, especially homosexual would lead a child astray and warned that their and paedophile sins. In England the Peniten- punishment would be worse than being forci- tial of Bede defined effeminacy and sodomy bly drowned.12 as capital sins with resulting penalties of 7 In 1 Cor. 5:1-5, 9-13 Paul attacks the years for deacons, 10 years for priests and 12 case of incest amongst the Corinthians. Saint years for bishops.20 Paul also warned the Corinthians and Bishop made a 20 Ephesians (Ephes. 5:5-7) that evildoers such book collection of canon law completed in as fornicators, adulterers and male prostitutes 1012. He wrote: 13 would not enter the Kingdom of heaven. In A Cleric or monk who is a perverter of young fact he warns that ‘the wrath of God’ will come boys or adolescents, who has been caught kiss- down on them.14 ing or in another occasion of base behaviour with young boys or adolescents, shall be History of Law on Sexual Abuse whipped in public, shall lose his crown (ton- sure), and so basely shorn, shall have his face The Church has always been aware of the spit on, shall be bound in iron chains, shall waste sexual abuse of children. Sexual abuse of girls in prison for six months, and for three days of each week, shall be fed only on barley bread at or boys was always seen by Christians as be- th evening time. After this, for another six months, ing contrary to the 6 commandment in Deut he is to be kept apart in an enclosure, under the 5:18. Sexual abuse by a priest was considered watch of a spiritual elder, intent on manual la- to be especially evil. bour and prayer, subject to vigils and prayers, The in the second century com- and he is always to walk under the guard of two

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spiritual brothers, not being allowed to engage The forbade priests to be in private speech or with any young sexually active and required bishops to deprive men.21 them of office and punish them.27 Later, the Leo lX, in The Book of Gomorrah, Sacred Congregation for the Council was more described sexual misconduct by clerics and specific about crimes and penalties as it sen- said ‘that those who are addicted to impure tenced a priest to the galleys and forbade him practices should be neither promoted to orders from celebrating mass again for sodomising nor, if already ordained, should be allowed to boys.28 continue.’22 Gratian in his Concordantia Discordantium 1917 Code Canonum classifies sexual acts contrary to na- ture, including paedophile activity, as crimes Canon 2359§2 of the 1917 Code stated: 23 in canon law. If they engage in a delict against the sixth pre- In 1170, Saint Thomas Becket, Archbishop cept of the Decalogue with a minor below the of Canterbury, was murdered by four knights age of sixteen, or engage in adultery, debauch- because he had earned the displeasure of the ery, bestiality, sodomy, pandering, incest with king. Thomas had insisted on the right held by blood-relatives or affines in the first degree, they the Church of that time to try a paedophile are suspended, declared infamous, and are de- priest in a Church , rather than allow him prived of any office, , dignity, respon- to be tried in the court of King Henry II. sibility, if they have such, whatsoever, and in more serious cases they are to be deposed.29 The Third Lateran Council of 1179 taught that: More specific norms were issued about 50 years later when the Holy Office on March 16, All those who are caught to be labouring under that incontinence which is against nature and 1962, promulgated an instruction Crimen because of which the wrath of God visited the sollicitationis dealing primarily with the crime sons of infidelity and burnt down five cities: if of solicitation but also homosexual acts by they are clerics, they will be dismissed from the clergy with adults and boys.30 Competence to clerical state or else be confined to monasteries deal with cases administratively or in a judi- to do penance; if they are lay people they will cial process was given to the Holy Office. be excommunicated and they will be consid- ered as totally estranged from the assembly of 1983 Code the faithful.24 The Fourth Lateran Council of 1215 stated: The 1983 Code was promulgated by Pope John In order that the behaviour and actions of the Paul ll. Canon 277 of the 1983 Code legis- clergy may be reformed the better, let all, espe- lated that clerics be celibates i.e. not marry, cially those who are constituted in Holy Orders, and that they be continent i.e. they abstain from strive to live in continence and chastity avoid- sexual activity.31 Paedophilia was defined as ing every lustful vice especially that vice for a crime along with some other sexual offences which the wrath of God descends from heaven in canon 1395 §2: upon the sons of infidelity. May they be able to minister before the almighty God with a pure A cleric who in another way has committed an 25 heart and unblemished body. offence against the sixth commandment of the The Fifth Lateran Council in 1514 taught: Decalogue, if the delict was committed by force If anyone indeed, whether a lay person or cleric or threats or publicly or with a minor below the were to be convicted of the crime for which the age of sixteen years, is to be punished with just wrath of God descends upon the sons of infidelity, penalties, not excluding dismissal from the cleri- let him be punished by the penalties respectively cal state if the case so warrants.32 imposed by the sacred canons or the civil law.26 There was a time limit of five years for laying a

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complaint about an offence until the law was continued to cover up and would still not use changed in 2001.33 the full weight of the law against paedophiles. It was soon after the of the Cardinal Law resigned as Archbishop of Bos- Code that there was a wave of public revela- ton on 11 April 2002. He admitted that he had tions of cases of clergy and sexual abuse in been reassigning paedophile priests to new North America. The law was inadequate to parishes despite knowing how wrong this deal with the new scenario. Many bishops was.37 Cover-ups in many dioceses and coun- thought that using the canonical law and proc- tries had caused incredible damage to the uni- ess was too complicated and difficult, and so versal Church. they simply made no attempt to use the provi- sions of penal law that existed. Sacramentorum Sanctitatis Tutela Thomas Doyle who, while working at the Papal Nunciature in Washington had become Following the of the extent of the aware of cases in Lafayette, produced with problem of clerical sexual abuse in North others a Manual for Bishops that in 1985 was America and in many other countries, Pope sent to each American Bishop.34 Most bishops John Paul ll issued the apostolic did not act upon the manual. But many bish- letter, ‘Sacramentorum Sanctitatis Tutela,’ on ops did see the need for changes to be made in April 30, 2001.38 This document specified that the canon law. The American Bishops Con- a sin against the sixth commandment with a ference proposed to the Apostolic See a minor is a grave crime. Sexual abuse causes number of changes to the Code of Canon Law. grave damage to the normal development of However, they were not immediately accepted the victim, and causes grave damage to the and in 1993 Cardinal Bernardin complained Church and its credibility. Furthermore, it be- that the did not appreciate the situation trays the trust that people have in priests. He in America and the difficulties that American said that this crime deserves the strictest pun- bishops faced.35 Some key curia personnel ishments. This document raised the age a per- came from countries such as Poland where son was considered a minor to age 18 years, false allegations were common and regimes and changed the time limit for laying a com- said and did everything possible to discredit plaint until 10 years after the minor had the Catholic Church and its clergy. reached the age of 18 years. Pope John Paul ll A year later in 1994, the Apostolic See rec- was conscious that a priest who sexually ognised the seriousness of the American prob- abused a child had not only harmed the victim lem. Many more cases of sexual abuse and but the whole Church. cover-ups had been reported from Boston and The Pope also appointed the Congregation around the world. There was often a pattern for the Doctrine of the Faith to supervise in- of cover-ups and abusive priests being moved vestigations into credible complaints of sexual from parish to parish. abuse of children and how they were handled. Pope John Paul II made several The Congregation was authorised to order or changes to the law for a period penal for accused priests. Effectively the of five years for the United States of America. Apostolic See established a system of account- Canon 1395 §2, 2° was modified so that the ability. Now when a diocesan bishop receives age limit for crimes of sexual abuse was raised a complaint of sexual abuse of a minor he must from age 16 to age 18 years. The statute of notify the Congregation for the Doctrine of the limitation in canon 1362 was changed so that Faith that he has received a complaint. The a victim had until age 23 years to lay a com- Congregation will then instruct the bishop plaint about sexual abuse while the victim was about how the complaint is to be handled and a child or a minor.36 Some American bishops will appoint a tribunal of its own or appoint a

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local tribunal to carry out a penal . Conclusion The Regional in Australia and New Zealand deal with marriage annulment The sin of sexual abuse of boys and girls is a applications, but they are also able to conduct grave or mortal sin. The extent of the problem penal trials (criminal trials in the Catholic has been a major scandal for the Catholic Church) when it is believed that crimes have Church in recent years. While it has often not been committed under canon law. Penal law been dealt with by bishops and religious su- exists not only to protect individuals from a periors as severely as the law allowed, it has violation of their rights, but it also has a role been regarded as a grave crime in canon law in protecting the integrity of the Church com- from earliest times. This underlies the realisa- munity by punishing serious crimes. A penal tion that the crime has always been seen to trial may result in remedial and if necessary have had serious effects on the victim and the punitive action against an abusive priest. The Church in general. Therefore, as Pope John most serious penalty is dismissal from the Paul II stated in an address to the American clerical state. No penal trials have yet been Cardinals on 23 April 2002, ‘People need to held in Australia or New Zealand, but hundreds know that there is no place in the priesthood are being processed in North America. and religious life for those who would harm the young.’39 There is no doubt that the Pope considered that one conviction of sexual abuse was sufficient to have a priest dismissed from * * * * the clerical state.

NOTES

1 Grainne Cunningham, The Independent, take into account who is wronged: violence accessed 5 June 2009. against parents is in itself graver than violence 2 http://www.peterellis.org.nz/Institutions/ against a stranger. Marylands/2005/index.htm accessed 9 June 2009. 8 Catechism of the Catholic Church 1857: ‘For a 3 Irish Independent, 26 July 2009. sin to be mortal, three conditions must together 4 Margaret Arms, ‘When Forgiveness is the not be met: ‘Mortal sin is sin whose object is grave the Issue in Forgiveness: Religious Complicity matter and which is also committed with full in Abuse and Privatized Forgiveness,’ in Marie knowledge and deliberate consent.’ Fortune and Joretta Marshall (eds.), Forgiveness 9 Catechism of the Catholic Church, 1859 Mor- and Abuse, (The Haworth Pastoral Press, 2002), tal sin requires full knowledge and complete con- 116-117. sent. It presupposes knowledge of the sinful char- 5 Communicationes, 2(1970), 101. Penalties to acter of the act, of its opposition to God’s law. It be a last resort, merciful and respects rights of also implies a consent sufficiently deliberate to accused. This is reflected in canon 1319. be a personal choice. Feigned ignorance and hard- 6 Council of Trent, session 24, canon 8, in Nor- ness of heart do not diminish, but rather increase, man Tanner (ed.), of the Ecumenical the voluntary character of a sin. Councils, (London: Sheed and Ward: 1990) 764. 10 Can. 1329 §1. If ferendae sententiae penalties 7 1858 Grave matter is specified by the Ten Com- are established for the principal perpetrator, those mandments, corresponding to the answer of Je- who conspire together to commit a delict and are sus to the rich young man: ‘Do not kill, Do not not expressly named in a law or precept are sub- commit adultery, Do not steal, Do not bear false ject to the same penalties or to others of the same witness, Do not defraud, Honour your father and or lesser gravity. your mother.’ The gravity of sins is more or less §2. Accomplices who are not named in a law or great: murder is graver than theft. One must also precept incur a latae sententiae penalty attached

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to a delict if without their assistance the delict 20 J. McNeil and Helena Gamer, Medieval hand- would not have been committed, and the penalty books of Penance: A Translation of the Principal is of such a nature that it can affect them; other- ‘Libri Poenitentiales’ and Selections from Related wise, they can be punished by ferendae sententiae Documents, (New York: Columbia University, penalties. 1990) 226; quoted in Cafardi, Before Dallas, 3. 11 Can. 1184 §1. Unless they gave some signs of 21 Nicholas Cafardi, Before Dallas, (New York: repentance before death, the following must be Paulist Press, 2008), 3. deprived of ecclesiastical funerals: 22 Peter Damian, ‘Letter 13, chapter 10’, quoted 1/ notorious apostates, heretics, and schismat- in Cafardi, Before Dallas, 3. ics; 23 Gratian, Concordantia Discordantium 2/ those who chose the cremation of their bod- Canonum, Pars ll, C. 32, q. 7, c. 11, translation ies for reasons contrary to Christian faith; in Cafardi, Before Dallas, 159. 3/ other manifest sinners who cannot be 24 Translation by and quoted in Charles Scicluna, granted ecclesiastical funerals without public ‘Sexual Abuse of Children and Young People by scandal of the faithful. Catholic Priests and Religious: Description of the §2. If any doubt occurs, the local ordinary is to Problem from a Church Perspective,’ in Sexual be consulted, and his must be followed. Abuse in the Catholic Church: Scientific and Le- Can. 1185 Any funeral Mass must also be denied gal Perspectives, ed. R. Hanson, F. Pfafflin, and a person who is excluded from ecclesiastical fu- M. Lutz, (Vatican City: Libreria Editrice Vaticana, nerals. 2004), 14. 12 Mt. 18:6-7 25 Translation by and quoted in Charles Scicluna, 13 1 Cor. 6:9-10; Ephes. 5:5-7. ‘Sexual Abuse of Children and Young People by 14 Ephes. 5:7. Catholic Priests and Religious: Description of the 15 ‘The Didache,’ 6, translation in Nicholas Problem from a Church Perspective,’ in Sexual Cafardi, Before Dallas, (New York: Paulist Press, Abuse in the Catholic Church: Scientific and Le- 2008), 1. gal Perspectives, ed. R. Hanson, F. Pfafflin, and 16 Polycarp ‘Letter to the Philippians’, quoted in M. Lutz, (Vatican City: Libreria Editrice Vaticana, Charles Scicluna, ‘Sexual Abuse of Children and 2004), 15. Young People by Catholic Priests and religious: 26 Translation by and quoted in Charles Scicluna, Description of the Problem from a Church Per- ‘Sexual Abuse of Children and Young People by spective’, in Sexual Abuse in the Catholic Church: Catholic Priests and Religious: Description of the Scientific and Legal Perspectives, ed. R. Hanson, Problem from a Church Perspective,’ in Sexual F. Pfafflin, and M. Lutz, (Vatican City: Libreria Abuse in the Catholic Church: Scientific and Le- Editrice Vaticana, 2004), 14. gal Perspectives, ed. R. Hanson, F. Pfafflin, and 17 Athenagoras of Athens, ‘A Plea for Christians,’ M. Lutz, (Vatican City: Libreria Editrice Vaticana, chapter XXXlV, ‘The Vast Differences in Morals 2004), 15. between Christians and their Accusers,’ trans. B. 27 Council of Trent 13th session, on Ref- Pratten, http://www.earlychristianwritings.com/ ormation, chapter lV, H.J. Schroeder, O.P., Can- athenagoras.html, accessed May 28, 2009. ‘For ons and decrees of the Council of Trent, (Lon- those who have set up a market for fornication don: B. Herder Book Co), 1950, 83: ‘Since ec- and established infamous resorts for the young clesiastics are sometimes guilty of crimes do grave for every kind of vile pleasure,—who do not ab- that on account of their shocking wickedness they stain even from males, males with males commit- have to be deposed from sacred orders and handed ting shocking abominations, outraging all the over to the secular court…it is ordained and de- noblest and comeliest bodies in all sorts of ways, that it shall be lawful for a bishop by so dishonouring the fair workmanship of God.’ himself…even without the presence of other bish- 18 Nicholas Cafardi, Before Dallas, (New York: ops, to proceed against a cleric.’ Paulist Press, 2008), 2. 28 Sacred Congregation for the Council, June 8 19 Canon 9, Council of Nicea, in Christian Cochini and July 6, 1726, Gasparri, Fontes, V: 763-764. SJ, The Apostolic Origins of Priestly Celibacy, (San C.f. James Provost, ‘Offences against the Sixth Francisco: Ignatius Press: 1981), 336. Commandment,’ 632-663.

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29 1917 Code, Trans. Edward Peters, The 1917 1/ delicts reserved to the Congregation for the Pio-Benedictine Code of Canon Law, (San Fran- Doctrine of the Faith; cisco: Ignatius Press, 2001). 2/ an action arising from the delicts mentioned 30 C.f. Thomas Green, ‘Clerical Sexual Abuse of in canons 1394, 1395, 1397, and 1398, which Minors: Some Canonical Reflections,’ , have a prescription of five years; 63(2003), 373. 3/ delicts which are not punished in the com- 31 Can. 277 §1. Clerics are obliged to observe mon law if particular law has established another perfect and perpetual continence for the sake of period for prescription. the kingdom of heaven and therefore are bound §2. Prescription runs from the day on which the to celibacy which is a special gift of God by which delict was committed or, if the delict is continu- sacred ministers can adhere more easily to Christ ous or habitual, from the day on which it ceased. with an undivided heart and are able to dedicate 34 Nicholas Cafardi, Before Dallas, (New York: themselves more freely to the service of God and Paulist Press, 2008), 50. humanity. 35 Cardinal Bernardin, quoted in Nicholas §2. Clerics are to behave with due prudence to- Cafardi, Before Dallas, (New York: Paulist Press, wards persons whose company can endanger their 2008), 66. obligation to observe continence or give rise to 36 Pope John Paul ll, Rescript, 25 April 1994, in scandal among the faithful. Roman Replies and CLSA Advisory Opinions §3. The diocesan bishop is competent to estab- 1994, (Washington: Canon Law Society of lish more specific norms concerning this matter America, 1994), 20-21. and to pass judgment in particular cases concern- 37 http://www.boston.com/globe/spotlight/abuse/ ing the observance of this obligation. http:// stories3/110402_cardinal.htm, accessed 27 July www.vatican.va/archive/ENG1104/__PY.HTM 2009. 32 http://www.vatican.va/archive/ENG1104/ 38 AAS, 93(2001), 737-739. __P56.HTM 39 Pope John Paul ll, ‘Address to the Cardinals 33 Can. 1362 §1. Prescription extinguishes a of the United States,’ Origins, 31(2002), 759. criminal action after three years unless it concerns:

Clergy and religious are in a special position of trust and authority in relation to those who are in their pastoral care, e.g. those in their parish, people seeking advice, students at a Catholic school. Any attempt to sexualise a pastoral rela- tionship is a breach of trust, an abuse of authority and professional misconduct. Such sexualisation may take the form not only of sexual relations, but also harassment, molestation, and any other conduct of a sexual nature which is inconsistent with the integrity of a pastoral relationship. * * * * Any form of sexual behaviour with a minor, whether child or adolescent, is always sexual abuse. It is both immoral and criminal. Sexual abuse by clergy, religious, or other Church personnel of adults in their pastoral care may be subject to provisions of civil or . Even when there are no grounds for legal action, we recognise that serious harm can be caused. —Australian Catholic Bishop’s Conference and the Australian Conference of Leaders of Religious Institutes, Towards Healing.

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