Responses to Current Issues: The Clergy Sex Abuse Scandal
A) Introduction
A-1. Call To Action is submitting the following recommendations to support efforts to restore confidence and trust in our Church which has been so eroded by the revelations of clergy sexual abuse of minors over the past several months. We do this out of love and respect for the thousands of lay ministers, religious and priests who serve faithfully in our parishes, in ministries working with the most poor and marginalized of our society and in communities of Latin America and other third world countries. We believe that all the people of the Church share responsibility to bring about healing for past victims of clergy sexual abuse and to do everything humanly possible to prevent future victimization.
A-2. These recommendations are not meant to be understood as a comprehensive statement of policies and procedures required to handle sexual abuse cases. There are several dioceses in the United States that adopted the policy recommendations made by the Bishops' Conference in 1992 and developed improved structures and procedures. The recommendations contained here are ones that attempt to address some of the serious flaws in policies, structures and procedures that were illuminated by the current series of scandals. These recommendations were specifically written to address cases of sexual abuse of minors by Catholic clergy. However, with some adaptations, they could also be applied to other Catholic Church personnel who are accused of sexual abuse of a minor.
B) Immediate steps to restore confidence in the bishops
B-1. Each diocese should give a report to its people which fully discloses the experience of the diocese with cases of sexual abuse of minors. For each calendar year for which there are records, the report should include the number of complaints, the number of priests accused, the number reported to legal authorities, the disposition of all complaints, the financial cost to the diocese of settlements as well as the cost of legal fees, the medical treatment of offenders and the amount of money being given to priests who were put on leave, sick leave, given a new assignment or retired as a result of abuse accusations. The source(s) of funds to pay these financial costs should be identified clearly. The report should also include the number of priests who have sexually abused a minor and are still in active priesthood.
B-2. The secrecy which has characterized the handling of sexual abuse cases must end. The names of all perpetrators, even those who have died, should be made public. All dioceses should release victims and their families from any obligation under confidentiality agreements. Prosecuting attorneys should be invited to review all diocesan files on sexual abuse cases.
B-3. Each diocese should hold an open community policy consultation with all of the faithful on the development of their policies and procedures, with members of the Diocesan Pastoral Council acting as hearing officers. This type of open consultative process in and of itself will help assure the quality of the policy document. It would also be a real sign of the commitment of the Church to protect vulnerable persons and would help to restore public confidence, credibility and to heighten the sense of collaboration of the laity in this matter.
C) Every diocese should incorporate the following policies and procedures into their official sexual abuse policies and practices.
C-1. Allegations of sexual abuse of a minor should be reported promptly to the appropriate law enforcement authorities whether or not this is mandated by state law.
C-2. The diocese should publish widely announcements that encourage victims to contact law enforcement officials first. It should also provide support for victims in contacting law enforcement authorities and ensure anonymity for the victim when they do come forward. Each diocese should contract with a victim assistance organization, not affiliated with the diocese, to receive complaints and work with the victim in reporting to the civil and church authorities.
C-3. Dioceses should not do the investigation of sexual abuse allegations, but should leave this to trained investigators. Due process for accused priests should be ensured, including advising them to retain independent legal assistance.
C-4. Whenever a non-frivolous allegation of sexual abuse is made, the priest accused should be removed immediately from active ministry pending the outcome of the investigation. In those cases of the sexual abuse of a minor adjudicated by the criminal justice system where the priest is found guilty of a felony, he should be removed permanently from active ministry, divested of authority to perform priestly duties and the canonical process for returning him to the lay state should be initiated. If the priest pleads guilty to a misdemeanor as part of a plea agreement but sufficient evidence existed to prove a felony offense took place, he should be removed permanently from active ministry, divested of authority to perform priestly duties and the canonical process for returning him to the lay state should be initiated.
C-5. In cases of sexual abuse of a minor adjudicated by the criminal justice system where the priest is charged and found guilty of a misdemeanor, after serving the sentence imposed and receiving appropriate therapy, the case should be evaluated by the independent review board (see C-8) to determine whether or not the priest might be reassigned to a ministry without putting minors at risk or whether he should be removed permanently from active ministry, divested of authority to perform priestly duties and the canonical process for returning him to the lay state be initiated.
C-6. In cases where the statute of limitations has expired or other difficulties has left a case unresolved, it should be pursued by the independent review board so that a final determination of guilt or lack of guilt is made. Where the case would have been charged as a felony were it in the criminal justice system, the priest should be permanently removed from active ministry, divested of authority to perform priestly duties and the canonical process to return him to the lay state should be initiated. In cases where it would have been charged as a misdemeanor by the criminal justice system, the review board should determine whether or not the priest might be reassigned to a ministry without putting minors at risk or whether he should be removed permanently from active ministry, divested of authority to perform priestly duties and the canonical process for returning him to the lay state be initiated.
C-7. In all cases where an abuser is allowed to remain in some form of ministry or in the care of the Church, there should be full disclosure of his history of sexual abuse to the place of his assignment, including, but not limited to parishioners, patients and patients' families in any hospital or nursing home setting, and any other persons who are at risk or who have children who might be at risk from the abuser.
C-8. Dioceses should establish an independent review board to oversee the handling of sexual abuse cases. The structure and membership of this board should be public, appointed by the diocesan pastoral council in consultation with the bishop and reporting to the pastoral council. The majority of members should be lay with parents, teachers, mental health, social work, law enforcement, legal professionals and victims or victim advocates represented. The majority of the members of the board should not be employed by the church. Prior to sitting on the board, members should receive training by professionals in handling sexual abuse cases. In cases which are turned over to them because the criminal justice system has left the case unresolved, the board should hire an experienced, qualified investigator to conduct the investigation.
C-9. Since the review board should be accountable to the entire Catholic community, it should publish an annual report of policy activities, including number of complaints handled, number turned over to civil authorities, nature and scope of complaints and their disposition, educational activities and prevention initiatives, etc. This should include all expenses incurred and the source of the revenue to cover any expenses including internal and external legal costs. This should be a statistical report which protects the appropriate confidentiality of all parties involved but with a full and complete disclosure of all activities and costs related to this policy.
C-10. Dioceses should implement a sexual abuse prevention education program such as Good-Touch/Bad-Touch in all Catholic schools, religious education programs, church youth groups, training of altar servers, and any other program in which church personnel have regular contact with minors.
D) On a national level
D-1. The United States Catholic Conference of Bishops (USCCB) should establish an independent National Review Board separately incorporated and empowered to annually audit the policies and procedures of every diocese including a review of how they have handled cases that came to their attention during that year. This review board should operate a National Hotline which should be widely advertised to provide a way for victims to report abuse when they do not believe there is an avenue open to them locally. As in the case of diocesan review boards a majority of members should be lay with parents, teachers, mental health, social work, law enforcement, legal professionals and victims or victim advocates represented. Members of the National Review Board should be chosen by a committee composed of representatives from all Diocesan Pastoral Councils. (In dioceses where no pastoral council exists, steps should be taken to develop one.)
D-2. Initial funding for this Board should come from the USCCB. It should provide the Board with an endowment of sufficient funds to ensure its independence and provide for its start up expenses. Ongoing operating funds should come from an annual fee paid by each diocese for its audit.
E) Additional steps bishops ought to take to demonstrate their commitment to justice for victims of sexual abuse by priests.
E-1. Acknowledge the suffering of the victims no matter how long ago the abuse took place. Do not minimize the importance of these cases because they are old. These victims have borne their suffering for many years.
E-2. Bishops, priests and other church personnel must fully acknowledge the responsibility of the abuser and of the church authorities in covering up the abuse. Priests and others in authority in the church should be clearly instructed not to use language which implies the victim was somehow at fault or somehow shared the responsibility for what happened to them.
E-3. Church leaders should lobby for legislation to include clergy and other church personnel among those who are mandated by law to report abuse of minors and to end the statute of limitations on the prosecution of sexual abuse cases. State Catholic Conferences should work to improve the laws in their states designed for the protection of minors and other vulnerable persons.
Call To Action is a national organization of 25,000 laity, religious, priests and bishops with its national office in Chicago. It has 40 local chapters and advocates for reforms in the Catholic Church such as the ordination of women, optional celibacy for priests, more focus on the church's social justice teaching, and consultation with the Catholic people on church decision-making and human sexuality.
