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The Clergy in Court Recent Developments Concerning Canonical Rights

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The Clergy in Court Recent Developments Concerning Canonical Rights THOMAS P. DOYLE, O~P. The Clergy in Court Recent developments concerning canonical rights Part I children is now a major question facing of their patients. many bishops in our country. It is not a It seems there may be some In January of 1988, The Priest publish­ question with a finn answer because misunderstanding or at least.misinfor­ ed an article of mine titled "The Qergy there are several aspects of the issue marion in this area, because one in Court." Since that article appeared that place the bishops in a delicate and prominent legal specialist in clergy much has happened in the area of cler­ potentially "no win" situation. malpractice is of the opinion that gy malpractice, especially with regard liability can possibly be reduced if a to the sexual abuse of children. Listen to whom? priest is in after-care and in a super­ There have been more unfortunate vised ministry: cases ofpriests and Religious who have The first and most obvious aspect is abused children. More money has been liability. Many dioceses have been sued Religious superiors or educational expended by the Church for damage for large sums of money by victims and superiors usually will be protectedfrom awards, out-of-court settlements, legal their families. There are several the­ civil liability by the opinions ofthe fees and medical treatment fees. More ories of liability, none of which are medical people who hLlve evaluated the priests have been sent to prison and still uniformly applied in the civil courts reformed offender. Again, however, more have been given probation. throughout 'the land. there is not100 percent immunityfrom In addition to the accusations of In some instances, bishops and civil suits.2 recent child abuse by priests and Reli­ dioceses have been held liable for what gious, adults who were victimized in they "knew or should have known" In this article I want to take a look their youth are now coming forward about a priest with a sexual problem. at the canonical rights ofthe. bishops, with lawsuits. In others the liability has been the victims, the community and the af~ based on the legal doctrine of "negli­ flicted priests. In many instances .the Major question gent supervision." rights of victims and their families have If a bishop reinstates a priest, been neglected because of the fear that On the positive side, an increasing known to have a problem, he takes a contact with them by Cburch officials number of archdioceses and dioceses risk. would bave adverse effects in the event have established policies and programs Is this risk diminished ifthe priest of civil·litigation..•... for investigating accusations, offering has completed treatment with a hopeful pastoral care for victims and their prognosis and assumes some ministerial Right~protected families, and providing adequate treat­ position under supervision? ment of priests involved. Who should be listened to: The at­ TItereisalso the question of the In some instances priests have com­ torneys who may strongly urge that no rights ofthe accused. Often these have pleted in-patient treatment and have . priest with a past problem or history of been overshadowed by tbe.fear.of continued with out-patient after-care sexual·abuse (no matter how limited) liability and financial disaster. Yet, the which has enabled them to effectively be admitted to any fonn of ministry? Or Code ofCanon Law is a reality and the control their problems. should the bishops listen to the medical canonical rights of the community as a In still other cases, priests in this professionals ... the psychologists and whole, the bishops, the victims and category have been readmitted to some psychiatrists who have not only treated their families, and the·afflicted priests form of specialized ministry by the priests but who have kept up-to­ are most important. courageous and compassionate bishops. date on the developments in medical re­ This is especially ttue ofthe vic­ Also, much has been done by search on sexual disorders? tims, their families, and the afflicted psychologists and psychiatrists in priests since it·seems th~y bave suffered developing evaluation techniques and Look at rights most in this area. especially therapeutic treatment The civil law, with its reporting programs that offer hope to afflicted Often the two groups are at odds statutes and child protective agencies, priests that their disorders can be con­ with one another. The attorneys have protects the rights of the victims of trolled, allowing them to enjoy produc­ the obligation ofprotecting 'the legal abuse. It also protects the· rights ofthe 1 tive lives. and financial stability of the diocese, accused w~e the allegation is being in­ The problem of what to do with and the medical professionals have, as vestigated and a trialis being con­ priests who have sexually abused their primary concern, the well-being ducted. The very pUlpose ofthe trial, if nmPRIEST/July~l990 35 there is one, is to protect the rights of threat to the faithful. are staggering. Insurance coverage for all, and special attention is paid to the The bishop also has a special obliga­ such awards, if they are the result of rights of the accused. tion toward the clergy (C. 384). Surely sexual misconduct, has been eliminated The Code speaks more of the obliga­ be has obligations to priests who are in in the case ofmost dioceses. The poten­ tions and responsibilities ofdiocesan trouble, but he also has obligations to tial for financial ruin, therefore, is very bishops than it does of their rights. Yet, the presbyterate in general, and from real for many dioceses. some,rights can be assumed in that they this would come the right to do what is When individual priests who have arise from the obligations. necessary to protect the good name and , had problems with sexual abuse per­ Canon 383 states: reputation of all of the priests. ceive their bishops as acting only with concern for the financial state of the "In the exercise ofhis pastoral office a Financial responsibilities diocese, they should keep in mind that diocesan bishop is to show that he is it is not only the money itself that is im­ concerned with all the Christian faith­ Finally, we come to those rights portant, but the responsibility to the lui who are committed to his care connected with the bishop's financial faithful who have donated the money. regardless ofage, condition or responsibilities. In past cases, bishops have received nationality. .. ." He is ultimately responsible for conflicting advice from lawyers con­ seeing to it that proper stewardship is cerning contact with the victims of From this canon it is obvious that exercised over the financial patrimony sexual contact and/or their families. the bishop has the right to make of the diocese. Some have been advised to avoid all decisions and take actions that will For the most part, the diocese contact, others to send a subordinate, safeguard the faithful from scandal and operates on free-will offerings of the and still others have been encouraged undue hann. With this canon in mind, faithful ~hich are usually invested so to make immediate and direct contact. the bishop can make decisions concern­ as to obtain more financial advantage. The conflict is based on the attempt ing the continuing ministry of priests or The monetary awards that have been to avoid liability or an appearance of Religious who may pose a potential given as a result of diocesan liability coercion not to prosecute. Today the consensus among law­ yers is to advise immediate contact with the victims and their families. This Most Pastors dislike spending is certainly good pastoral practice. homily time asking, begging, From a legal viewpoint, it will dem­ threatening. Noll Offering onstrate that the bishop and the diocese Envelopes can help. Through the as awhole are not condoning the inci­ use of out "stewardship" series of dent. offertory envelopes, our parish sacrificial giving programs and Sexual contact with a child can be out parish computer software an especially traumatic and even devas­ programs, our customer pastors tating experience. The degree and depth tell of an increased offering and of the trauma will depend on the type parishioner involvement. of contact and the psychological make­ Let us take the onerous chore of up or stability of the child. The event "Money Talk" away from you. will be even more traumatic if the per­ We want to show you. Call us son instigating the contact is a priest or collect: (219) 356-2020. Religious because it will not only have NOLL OFFERING ENVELOPES a severe psychological effect but a -EXCLUSIVELYCATHOLIC­ spiritual one as well. Provider of Annual Boxes, Nearly all ofthe children who have Periodic Mailing, Computer been sexually involved with priests or Software, Sacrificial Giving, and Religious come from practicing Stewardship Aids Catholic families whose lives have been closely involved with the Church. A Subsidillry Of As one attorney rightly stated, "Our Sundlly Visitor" NOLL PRINTING CO. "No priest is ever going to get his 100 Noll Plaza hands on Jimmy Swaggart's grandson." Huntington, IN 46750 When a child experiences sexual molestation it usually affects the entire FOR MORE INFO CIRCLE 15 ON ~EPlY CARD family. The victim's relationships with 36 THE PRIEST/July 1990 his parents will be affected as will his family) people directly involved in an relationships with his siblings. incident of sexual contact want and If the incident becomes public. the deselVe more concrete infonnation. victim and the family may be looked This they should be given on a regular upon with suspicion by other members basis. ofthe community. The biggest mistake a bishop can There have even been incidents make is to completely ignore a com­ when families have been subjected to plaint or accusation.
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