A Report on the Crisis in the Catholic Church in the United States. The National Review Board for the Protection of Children and Young People Established by the United States Conference of Catholic Bishops The Honorable Anne Burke Robert S. Bennett Interim Board Chair Research Committee Chair Dr. Michael Bland William Burleigh Nicholas P. Cafardi Jane Chiles Dr. Alice Bourke Hayes Pamela Hayes The Honorable Petra Jimenez Maes Dr. Paul McHugh The Honorable Leon Panetta Ray Siegfried II February 27, 2004 National Review Board for the Protection of Children and Young People 3211 FOURTH STREET NE • WASHINGTON DC 20017-1194 February 27,2004 BY HAND Justice Anne M. Burke Robert S. Bennett, Esq. Most Reverend Wilton Gregory Michael Bland, Psy.o., D.Min. Bishop of Belleville, Mr. William R. Burleigh President of the United States Conference of Catholic Bishops Nicholas Cafardi, Esq. 3211 Fourth Street, N.E. Mrs. Jane Chiles Washington, D.C. 20017 Alice Bcurke Hayes, Ph.D. Pamela D. Hayes, Esq. Dear Bishop Gregory: Justice Petra Jimenez Maes Paul R. McHugh, M.D. In accordance with our mandate under the Charter for the Protection Honorable Leon Panetta of Children and Young People, the members of the National Review Board for the Mr. Ray Siegfried Protection of Children and Young People present the enclosed Report on the Causes and Context of the Current Crisis in the Catholic Church. We are grateful for having been given an opportunity to be of service to the Church. Sincerely, ~~ .. ~dV1~Hon. Anne M. Burke obert S. Bennett Interim Chair ~ tQ"u.J)i' !?J'c~~ Dr. Michael land ~~~< ,t'o Nicholas P. Cafardi [ZilA-<--- IJ }h.<~,; Dr. Alice Bourke Hay'es ~l t?LM v yVI.~ r--- . Paul R. McHugh Enclosure A Report on the Crisis in the Catholic Church in the United States. The National Review Board for the Protection of Children and Young People Established by the United States Conference of Catholic Bishops The Honorable Anne Burke Robert S. Bennett Interim Board Chair Research Committee Chair Dr. Michael Bland William Burleigh Nicholas P. Cafardi Jane Chiles Dr. Alice Bourke Hayes Pamela Hayes The Honorable Petra Jimenez Maes Dr. Paul McHugh The Honorable Leon Panetta Ray Siegfried II February 27, 2004 Copyright © 2004, United States Conference of Catholic Bishops, Washington, D.C. All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright holder. Table of Contents I. INTRODUCTION ... .. 1 II. SUMMARy .................................................. 4 III. BACKGROUND ............................................. 12 A. The National Review Board for the Protection of Children and Young People .......................................... 12 1. The Membership of the Review Board and Its Mission ... 13 2. The Purpose and Scope of This Report ................ 15 3. The Methodology Employed by the Review Board ....... 17 B. Overview of the Problem of Sexual Abuse of Minors by Priests .. 19 C. The John Jay College Study ............................... 21 1. Summary of Survey Data ........................... 22 2. Data Relating to Accused Priests . 24 3. Data Relating to Victims ........................... 25 4. Data Relating to Types of Reported Abuse ............. 27 5. Data Relating to Responses to Allegations of Abuse ..... 28 6. Data Relating to Time Period of the Reported Abuse ..... 29 D. Prior Efforts to Address the Problem of Sexual Abuse of Minors by Priests ............................................. 30 E. Manifestation of the Problem in the Boston Archdiocese ........ 38 F. The Response ofthe Vatican to the Problem .................. 42 G. The Charter and the Essential Norms ....................... 47 I. The Articles ofthe Charter. 48 2. The Essential Norms .............................. 52 H. Post-Charter Developments ............................... 60 IV. FINDINGS .................................................. 64 A. The Presence in the Priesthood of Persons Who Have Sexually Abused Minors . 64 1. Issues Relating to the Selection of Candidates for the Priesthood ...................................... 66 2. Issues Relating to the Formation of Candidates for the Priesthood ...................................... 72 3. Special Issues Relating to Sexual Orientation ........... 80 4. Special Issues Relating to Celibacy ................... 83 5. Special Issues Relating to Spiritual Life ............... 90 B. The Response of U.S. Church Officials to Sexual Abuse of Minors By Priests ............................................. 91 1. Understanding the Nature and Scope of the Abuse and the Harm it Caused .................................. 93 2. Responding to Victims ............................. 96 3. Presumptions in Favor of Accused Priests. .. 100 a. The Presumed Right to Ministry .............. 101 b. The Process of Laicization Under the Code of Canon Law ............................... 101 11 c. Clericalism . .. 104 d. Forgiveness Without Condemnation ........... 106 4. Secrecy and the Avoidance of Scandal 107 5. Dependence on the Therapeutic Model 112 6. Reliance on Attorneys ............................ 129 7. Considerations Relating to Religious Orders . .. 123 8. Episcopal Accountability . .. 125 a. The Selection and Assigmnent of Bishops ...... 127 b. Diocesan and Presbyteral Councils ............ 129 c. The Roles of the Metropolitan and the Conference . .. 133 d. Fraternal Correction . .. 13 7 V. RECOMMENDATIONS ...................................... 139 A. Further Study and Analysis .............................. 139 B. Enhanced Screening, Formation, and Oversight .............. 140 C. Increased Sensitivity and Effectiveness in Responding to Allegations of Abuse ................................... 142 D. Greater Accountability of Bishops and Other Church Leaders ... 143 E. Improved Interaction with Civil Authorities ................. 144 F. Meaningful Participation by the Christian Faithful in the Church............................................... 144 CODA 145 111 A Report on the Crisis in the Catholic Church in the United States. I. INTRODUCTION. The National Review Board for the Protection of Children and Young People (the "Review Board" or "Board"), composed oflay Catholics and chartered by the United States Conference of Catholic Bishops (the "Conference" or "USCCB"), issues this Report as part of its mandate to evaluate the "causes and context" of the crisis that has beset the Catholic Church in the United States as a result of the sexual abuse of minors by some members of the Catholic clergy and the inadequate re- sponse of bishops and other Church leaders to that abuse. The Charter for the Protection of Children and Young People (the "Charter"), which the Conference adopted in June 2002, created the Review Board and directed it to "commission a comprehensive study ofthe causes and context of the current crisis." In response, the Board, acting through its Research Committee, has interviewed more than eighty-five individuals in sixty separate interviews, including: cardinals, archbishops, bishops, and other Church leaders in the United States and the Vatican; priests, former priests, seminarians, and theologians; victims of clergy abuse; psychiatrists, psychologists, and other medical professionals; civil 1 lawyers, canon lawyers, and law enforcement officials; and other knowledgeable lay people. Fnrther, the Board has consnlted numerous articles and studies written or conducted by experts in pertinent fields, as well as various public records relating to reported cases of abuse. In addition, the Board commissioned a study by the John Jay College of Criminal Justice of the City University of New York to develop empirical data 011 the nature and scope of the problem that precipitated the crisis. The purpose of the Report is to share the Review Board's findings and recommendations based upon its evaluation of the current crisis. Those findings seek to describe the problem and to address two fundamental questions posed by it. First, why did individuals with a disposition to prey sexually upon minors gain admission to the priesthood? Second, how did they manage to remain in the priesthood even after allegations and evidence of such abuse became known to their bishops and other Church leaders? Concerning the first ofthese questions, the Report provides the Review Board's findings with respect to the process of selecting and then forming candidates for the priesthood, with special attention to issues relating to sexual orientation, celibacy, and spiritual life. Concerning the second of these questions, the Report provides the Board's findings with respect to a number of shortcomings on the part of some bishops and Church officials, including: (i) a failure to grasp the gravity of the problem of sexual abuse of minors by priests; (ii) deficiencies in the response 2 to victims; (iii) unwarranted presumptions in favor of accused priests; (iv) reliance on secrecy and an undue emphasis on the avoidance of scandal; (v) excessive reliance on the therapeutic model in dealing with priest offenders; (vi) undue reliance upon legal advice that placed a premium on adversarial defense tactics at the expense of concern for victims of abuse; and (vii) a failure to hold themselves and other bishops accountable for mistakes, including a failure to make use oflay consultative bodies and other governance strnctures. This Report also offers