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Pedophile Priests, the Lies of the BBC Video

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Pedophile Priests, the Lies of the BBC Video Pedophile priests, the lies of the BBC video The video presents a fully public document as “confidential”. And it attempts to oppose John Paul II to Ratzinger by Massimo Introvigne (published on Avvenire on May 30, 2007) Only the secularist rage accounts for the sudden circulation over the internet of the BBC documentary “Sex Crimes and the Vatican”, dating back to October 2006, with Italian subtitles and for the frenzy of Michele Santoro (Italian anchorman) and the likes. The document is indeed damaged goods: when it first came out, it was immediately torn to pieces by the specialists in Roman canon law, given that it confuses Roman Catholic law with State law. The Church has also its own criminal law, which, among other things, deals with the offences committed by priests and with related sanctions, ranging from suspension a divinis to excommunication. These penalties have nothing to do with the State, even if a priest guilty of a crime falling under civil laws may be brought to trial twice: by the Church, which will reduce him to lay status, and by the State, which will send him to prison. On April 30, 2001, Pope John Paul II (1920-2005) published the apostolic letter Sacramentorum sanctitatis tutela, which contains a set of provisions establishing which canonical criminal trials fall under the jurisdiction of the Congregation for the Doctrine of the Faith and which ones under the jurisdiction of other Vatican or diocesan tribunals. The letter De delictis gravioribus, signed by Cardinal Joseph Ratzinger in his capacity as prefect of the Congregation for the Doctrine of the Faith on May 18, 2001 – the one presented by the BBC as a secret document, whilst it was immediately published on the official journal of the Holy See and it is posted on the Vatican’s website – contains directives for the practical implementation of the rules established by John Paul II. In this regard, the documentary contains three lies: (a) it presents a fully public and well-known document as confidential; (b) given that in the documentary the “villain” must be the current Pontiff, Benedict XVI (according to secularists, the “good” Pope is always the dead one), it does not explain that the letter De delictis gravioribus, signed by the then Cardinal Joseph Ratzinger in his capacity as prefect of the Congregation for the Doctrine of the Faith on May 18, 2001, is simply aimed at implementing the regulations promulgated with the apostolic letter Sacramentorum sanctitatis tutela of April 30 by John Paul II; (c) it leads the naive spectator to believe that, by stating that the trials for certain delicta graviora (“more serious crimes”), among which some sex crimes, fall under the jurisdiction of the Congregation for the Doctrine of the Faith, the Church wants to instruct Bishops to avoid the State jurisdiction and to hide them. On the contrary, it is absolutely evident that these documents deal with the issue, once ecclesiastical proceedings have been instituted, of which tribunal is competent by Roman canon law, i.e. whether it is the Congregation for the Doctrine of the Faith, which in these cases acts “as the apostolic tribunal” (as stated in the Sacramentorum sanctitatis tutela), or some other ecclesiastical tribunal. These documents do not deal at all – nor they could, given their nature – with the decisions and sanctions of State tribunals. Anyone knowing something about the functioning of the Roman Catholic Church will clearly understand that, when the two documents state that “these crimes fall under the exclusive competence of the Congregation for the Doctrine of the Faith”, the word “exclusive” means “excluding the competence of other ecclesiastical tribunals”, not – as the documentary wants us to believe – “excluding the competence of State tribunals, to which we will hide these events, even if the crimes are provided for and punished by State laws”. No one is questioning this or that episode of conflict between States and the Church. The two letters clarify from the very beginning their scope, i.e. to regulate issues of competence within the canonical legal system. They simply have nothing to do with the legal systems of States. Note 3 of the letter of the Congregation for the Doctrine of the Faith – but, as a matter of fact, also the text of the previous letter by John Paul II – mentions the decree Crimen sollicitationis, issued by the Congregation for the Doctrine of the Faith, which was then called the Holy Office, on March 16, 1962, during the pontificate of Blessed John XXIII (1881-1963), well before the arrival of Ratzinger himself to the Congregation for the Doctrine of the Faith (therefore, he clearly has nothing to do with the decree; at the time he was a professor of theology in Germany). This forgotten decree, “discovered” in 2001 only thanks to the new documents and today no longer in force, was not meant to deal with pedophilia, but with the old problem of priests abusing the sacrament of confession to have sexual relationships with their penitents. It is true that, after dealing in the first seventy paragraphs with the case of penitent women having sexual relationships with their confessors, in four paragraphs, from 70 to 74, the Crimen sollicitationis establishes the applicability of the same procedure to the crimen pessimus (“worst crime”), i.e. the sexual relationship of a priest “with a person of the same sex”, and, in paragraph 73 – by analogy with the crimen pessimus – also to the cases (quod Deus avertat, “God forbid”) in which a cleric has relationships with prepubescent youths (cum impuberibus). Paragraph 73 of the document is the only one shown in the documentary, which makes spectators believe that child abuse is the main subject of the document, whereas the problem was not on the agenda in 1962 and the decree devotes exactly half a line to it. The documentary contains another enormous lie when it states that the Crimen sollicitationis was aimed at covering up abuses by throwing such a blanket of secrecy over them that “breaking that oath (of secrecy) means instant banishment from the Catholic Church – excommunication”. It is exactly the opposite: paragraph 16 obliges the victim of abuses to denounce them “within a month”, based on a provision dating back to 1741. Paragraph 17 extends the obligation of denunciation to any Catholic faithful having a “certain knowledge” of the abuses. Paragraph 18 specifies that the faithful who disregards the obligation of denunciation established in paragraphs 16 and 17 “falls into an excommunication”. Therefore, the penalty of excommunication is not for the ones who denounce the abuses, but, on the contrary, for the ones who do not denounce them. The decree also provides that trials must take place in chambers, in order to protect the privacy of victims, of witnesses, as well as of defendants, all the more so if they are innocent. This is clearly not the only case of trials in chambers, neither in the ecclesiastical nor in the state legal systems. As for the “secret” nature of the document, mentioned in the text, it is a “secret” justified by the delicacy of the matter, and it is actually a very relative secret, given that the document was sent to all the Bishops around the world. Be that as it may, today the document is no longer secret, given that – after reading the documents of 2001 – lawyers involved in suits against priests accused of pedophilia in the United States asked dioceses to file the document in the acts of trials which became public. Those lawyers were hoping to find in the Crimen sollicitationis material for increasing their claims for damages, which already amounted to several million dollars: but they did not find anything. Indeed, not even the Crimen sollicitationis has anything to do with the issue whether any illegal act committed by priests through the abuse of the sacrament of confession shall be reported by anyone learning about it to the civil authorities. The Crimen sollicitationis only concerns the procedural aspects for the prosecution of these crimes under the Roman canon law, with the aim to impose canonical sanctions on guilty clerics. Even Tom Doyle, a former army chaplain appearing in the documentary, stated in a letter, dated October 13, 2006 addressed to John L. Allen, who is probably the best known Vatican correspondent in the United States, that “although I was a consultant to the producers of the documentary I am afraid that some of the distinctions I have made about the 1962 document have been lost. I do not believe now nor have I ever believed it to be proof of an explicit conspiracy, in the conventional sense, engineered by top Vatican officials, to cover up cases of clergy sexual abuse”. Tom Doyle still remains strongly opposed to the “drastically wrong culture” he sees in the Church of John Paul II and Benedict XVI. However, he also realizes that the arguments of the documentary on the Crimen sollicitationis are untenable and he prudently tries to distance himself from it, though with a language which remains ambiguous. Another trick of the documentary consists in maintaining that the letter De delictis gravioribus, signed by Cardinal Ratzinger in 2001, represents the “successor” to the Crimen sollicitationis, “overarching secrecy with a threat of excommunication”. In fact, the letter of 2001 does not even mention the word “excommunication” once. It certainly repeats that the procedures for the delicta graviora are “subject to the pontifical secret”, i.e. they must take place in chambers and in a confidential way. But there is nothing new in it, nor is the secret applied only to the cases of sexual abuse.
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