The Church in the United
States is experiencing a crisis without precedent in our times. The sexual abuse
of children and young people by some priests and bishops, and the ways in which
we bishops addressed these crimes and sins, have caused enormous pain, anger,
and confusion. Innocent victims and their families have suffered terribly. In
the past, secrecy has created an atmosphere that has inhibited the healing
process and, in some cases, enabled sexually abusive behavior to be repeated. As
bishops, we acknowledge our mistakes and our role in that suffering, and we
apologize and take responsibility for too often failing victims and our people
in the past. We also take responsibility for dealing with this problem strongly,
consistently, and effectively in the future. From the depths of our hearts, we
bishops express great sorrow and profound regret for what the Catholic people
are enduring.
We, who have been given the responsibility of shepherding God's people, will,
with God's help and in full collaboration with our people, continue to work to
restore the bonds of trust that unite us. Words alone cannot accomplish this
goal. It will begin with the actions we take here in our General Assembly and at
home in our dioceses/eparchies.
The damage caused by sexual abuse of minors is devastating and long-lasting. We
reach out to those who suffer, but especially to the victims of sexual abuse and
their families. We apologize to them for the grave harm that has been inflicted
upon them, and we offer them our help for the future. In the light of so much
suffering, healing and reconciliation are beyond human capacity alone. Only
God's grace, mercy, and forgiveness can lead us forward, trusting Christ's
promise: "for God all things are possible" (Mt 19:26).
The loss of trust becomes even more tragic when its consequence is a loss of the
faith that we have a sacred duty to foster. We make our own the words of our
Holy Father: that sexual abuse of young people is "by every standard wrong and
rightly considered a crime by society; it is also an appalling sin in the eyes
of God" (Address to the Cardinals of the United States and Conference Officers,
April 23, 2002).
The Conference of Bishops has been addressing the evil of sexual abuse of minors
by a priest and, at its June 1992 meeting, established five principles to be
followed (cf. Ad Hoc Committee on Sexual Abuse, National Conference of Catholic
Bishops, Restoring Trust, November 1994). We also need to recognize that
many dioceses and eparchies did implement in a responsible and timely fashion
policies and procedures that have safeguarded children and young people. Many
bishops did take appropriate steps to address clergy who were guilty of sexual
misconduct.
Let there now be no doubt or confusion on anyone's part: For us, your bishops,
our obligation to protect children and young people and to prevent sexual abuse
flows from the mission and example given to us by Jesus Christ himself, in whose
name we serve.
Jesus showed constant care for the vulnerable. He inaugurated his ministry with
these words of the Prophet Isaiah:
The Spirit of the Lord is upon me,
because he has anointed me
to bring glad
tidings to the poor.
He has sent me to proclaim liberty to captives
and recovery of sight to the blind,
to let the
oppressed go free,
and to proclaim a year acceptable to the Lord. (Luke 4:18)
In Matthew 25, the Lord made this part of his commission to
his apostles and disciples when he told them that whenever they showed mercy and
compassion to the least ones, they showed it to him.
Jesus extended this care in a tender and urgent way to children, rebuking his
disciples for keeping them away from him: "Let the children come to me" (Mt
19:14). And he uttered the grave warning about anyone who would lead the little
ones astray, saying that it would be better for such a person "to have a great
millstone hung around his neck and to be drowned in the depths of the sea" (Mt
18:6).
We hear these words of the Lord as prophetic for this moment. With a firm
determination to resolve this crisis, we bishops commit ourselves to a pastoral
outreach to repair the breach with those who have suffered sexual abuse and with
all the people of the Church. We renew our determination to provide safety and
protection for children and young people in our church ministries and
institutions. We pledge ourselves to act in a way that manifests our
accountability to God, to his people, and to one another in this grave matter.
We commit ourselves to do all we can to heal the trauma that victims/survivors
and their families are suffering and the wound that the whole Church is
experiencing. We acknowledge our need to be in dialogue with all Catholics,
especially victims and parents, around this issue. By these actions, we want to
demonstrate to the wider community that we comprehend the gravity of the sexual
abuse of minors.
To fulfill these goals, our dioceses/eparchies and our national conference, in a
spirit of repentance and renewal, will adopt and implement policies based upon
the following.
To Promote Healing and Reconciliation with Victims/Survivors of Sexual Abuse of Minors
ARTICLE 1.
Dioceses/eparchies will reach out to victims/survivors and their families and
demonstrate a sincere commitment to their spiritual and emotional well-being.
The first obligation of the Church with regard to the victims is for healing and
reconciliation. Where such outreach is not already in place and operative, each
diocese/eparchy is to develop an outreach to every person who has been the
victim of sexual abuse1
as a minor by anyone acting in the name of the Church, whether the abuse was
recent or occurred many years in the past. This outreach will include provision
of counseling, spiritual assistance, support groups, and other social services
agreed upon by the victim and the diocese/eparchy. In cooperation with social
service agencies and other churches, support groups for victims/survivors and
others affected by abuse should be fostered and encouraged in every
diocese/eparchy and in local parish communities.
Through pastoral outreach to victims and their families, the diocesan/eparchial
bishop or his representative will offer to meet with them, to listen with
patience and compassion to their experiences and concerns, and to share the
"profound sense of solidarity and concern" expressed by our Holy Father in his
Address to the Cardinals of the United States and Conference Officers. This
pastoral outreach by the bishop or his delegate will also be directed to faith
communities in which the sexual abuse occurred.
ARTICLE 2. Dioceses/eparchies will have mechanisms in place to respond
promptly to any allegation where there is reason to believe that sexual abuse of
a minor has occurred. Dioceses/eparchies will have a competent person or persons
to coordinate assistance for the immediate pastoral care of persons who claim to
have been sexually abused as minors by clergy or other church personnel.
Dioceses/eparchies will also have a review board that functions as a
confidential consultative body to the bishop/eparch. The majority of its members
will be lay persons not in the employ of the diocese/eparchy (see norm 5 in
Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of
Sexual Abuse of Minors by Priests or Deacons, 2002). This board will advise
the diocesan/eparchial bishop in his assessment of allegations of sexual abuse
of minors and in his determination of suitability for ministry. It will
regularly review diocesan/eparchial policies and procedures for dealing with
sexual abuse of minors. Also, the board can review these matters both
retrospectively and prospectively and give advice on all aspects of responses
required in connection with these cases. The procedures for those making a
complaint will be readily available in printed form and will be the subject of
periodic public announcements.
ARTICLE 3. Dioceses/eparchies will not enter into confidentiality
agreements except for grave and substantial reasons brought forward by the
victim/survivor and noted in the text of the agreement.
To
Guarantee an Effective Response to Allegations of Sexual Abuse of Minors
ARTICLE 4.
Dioceses/eparchies will report an allegation of sexual abuse of a person who is
a minor to the public authorities. Dioceses/eparchies will comply with all
applicable civil laws with respect to the reporting of allegations of sexual
abuse of minors to civil authorities and will cooperate in their investigation
in accord with the law of the jurisdiction in question.
Dioceses/eparchies will cooperate with public authorities about reporting in
cases when the person is no longer a minor.
In every instance, dioceses/eparchies will advise victims of their right to make
a report to public authorities and will support this right.
ARTICLE 5. We repeat the words of our Holy Father in his Address to the
Cardinals of the United States and Conference Officers: "There is no place in
the priesthood or religious life for those who would harm the young."
When an allegation of sexual abuse of a minor by a priest or a deacon is
received, a preliminary investigation, in harmony with canon law (CIC, cc.
1717-1719; CCEO, cc. 1468-1470), will be initiated and conducted promptly and
objectively. If this investigation so indicates, the diocesan/eparchial bishop
will both notify the Congregation for the Doctrine of the Faith and apply the
precautionary measures mentioned in CIC, canon 1722, or CCEO, canon 1473—i.e.,
relieve the alleged offender promptly of his ministerial duties. The alleged
offender may be requested to seek, or urged voluntarily to comply with, an
appropriate medical and psychological evaluation, so long as this does not
interfere with the investigation by civil authorities. When the accusation has
proved to be unfounded, every step possible will be taken to restore the good
name of the priest or deacon.
When sexual abuse of a minor by a priest or a deacon is admitted or is
established after an appropriate process in accord with canon law, the following
will pertain:
· Diocesan/eparchial policy will provide that for even a single act of sexual abuse (see Article 1, note *) of a minor—past, present, or future—the offending priest or deacon will be permanently removed from ministry, not excluding dismissal from the clerical state, if the case so warrants. In keeping with the stated purpose of this Charter, an offending priest or deacon will be offered professional assistance for his own healing and well-being, as well as for the purpose of prevention.
· In every case involving canonical penalties, the processes provided for in canon law must be observed (cf. Canonical Delicts Involving Sexual Misconduct and Dismissal from the Clerical State, 1995; cf. Letter from the Congregation for the Doctrine of the Faith, May 18, 2001). For the sake of due process, the accused is to be encouraged to retain the assistance of civil and canonical counsel. When necessary, the diocese/eparchy will supply canonical counsel to a priest or deacon.
· Also provided for in canon law are the following: a request by the priest or deacon for dispensation from the obligation of holy orders and the loss of the clerical state or a request by the bishop for dismissal from the clerical state even without the consent of the priest or deacon (cf. Canonical Delicts).
· If the penalty of dismissal from the clerical state has not been applied (e.g., for reasons of advanced age or infirmity), the offender ought to lead a life of prayer and penance. He will not be permitted to celebrate Mass publicly or to administer the sacraments. He is to be instructed not to wear clerical garb or to present himself publicly as a priest.
· At all times, the diocesan bishop/eparch has the executive power of governance, through an administrative act, to remove an offending cleric from office, to remove or restrict his faculties, and to limit his exercise of priestly ministry. Because sexual abuse of a minor is a crime in all jurisdictions in the United States, for the sake of the common good and observing the provisions of canon law, the diocesan bishop/eparch shall exercise this power of governance to ensure that any priest or deacon who has committed even one act of sexual abuse of a minor as described above shall not continue in active ministry.
ARTICLE 6. While the priestly commitment to the
virtue of chastity and the gift of celibacy is well known, there will be clear
and well-publicized diocesan/eparchial standards of ministerial behavior and
appropriate boundaries for clergy and for any other church personnel in
positions of trust who have regular contact with children and young people.
ARTICLE 7. Each diocese/eparchy will develop a communications policy that
reflects a commitment to transparency and openness. Within the confines of
respect for the privacy and the reputation of the individuals involved,
dioceses/eparchies will deal as openly as possible with members of the
community. This is especially so with regard to assisting and supporting parish
communities directly affected by ministerial misconduct involving minors.
To
Ensure the Accountability of Our Procedures
ARTICLE 8. To assist in the consistent application of these principles and
to provide a vehicle of accountability and assistance to dioceses/eparchies in
this matter, we authorize the establishment of an Office for Child and Youth
Protection at our national headquarters. The tasks of this Office will include
(1) assisting individual dioceses/eparchies in the implementation of "safe
environment" programs (see Article 12 below), (2) assisting provinces and
regions in the development of appropriate mechanisms to audit adherence to
policies, and (3) producing an annual public report on the progress made in
implementing the standards in this Charter. This public report shall include the
names of those dioceses/eparchies which, in the judgment of this Office, are not
in compliance with the provisions and expectations of this Charter. This Office
will have staffing sufficient to fulfill its basic purpose. Staff will consist
of persons who are expert in the protection of minors; they will be appointed by
the General Secretary of the Conference.
ARTICLE 9. The work of the Office for Child and Youth Protection will be
assisted and monitored by a Review Board, including parents, appointed by the
Conference President and reporting directly to him. The Board will approve the
annual report of the implementation of this Charter in each of our
dioceses/eparchies, as well as any recommendations that emerge from this review,
before the report is submitted to the President of the Conference and published.
To understand the problem more fully and to enhance the effectiveness of our
future response, the National Review Board will commission a comprehensive study
of the causes and context of the current crisis. The Board will also commission
a descriptive study, with the full cooperation of our dioceses/eparchies, of the
nature and scope of the problem within the Catholic Church in the United States,
including such data as statistics on perpetrators and victims.
ARTICLE 10. The membership of the Ad Hoc Committee on Sexual Abuse will
be reconstituted to include representation from all the episcopal regions of the
country.
ARTICLE 11. The President of the Conference will inform the Holy See of
this Charter to indicate the manner in which we, the Catholic bishops, together
with the entire Church in the United States, intend to address this present
crisis.
To
Protect the Faithful in the Future
ARTICLE 12.
Dioceses/eparchies will establish "safe environment" programs. They will
cooperate with parents, civil authorities, educators, and community
organizations to provide education and training for children, youth, parents,
ministers, educators, and others about ways to make and maintain a safe
environment for children. Dioceses/eparchies will make clear to clergy and all
members of the community the standards of conduct for clergy and other persons
in positions of trust with regard to sexual abuse.
ARTICLE 13. Dioceses/eparchies will evaluate the background of all
diocesan/eparchial and parish personnel who have regular contact with minors.
Specifically, they will utilize the resources of law enforcement and other
community agencies. In addition, they will employ adequate screening and
evaluative techniques in deciding the fitness of candidates for ordination (cf.
National Conference of Catholic Bishops, Program of Priestly Formation,
1993, no. 513).
ARTICLE 14. No priest or deacon who has committed an act of sexual abuse
of a minor may be transferred for ministerial assignment to another
diocese/eparchy or religious province. Before a priest or deacon can be
transferred for residence to another diocese/eparchy or religious province, his
bishop/eparch or religious ordinary shall forward, in a confidential manner, to
the local bishop/eparch and religious ordinary (if applicable) of the proposed
place of residence any and all information concerning any act of sexual abuse of
a minor and any other information that he has been or may be a danger to
children or young people. (Cf. National Conference of Catholic Bishops and
Conference of Major Superiors of Men, Proposed Guidelines on the Transfer or
Assignment of Clergy and Religious, 1993.)
ARTICLE 15. The Ad Hoc Committee on Sexual Abuse and the Officers of the
Conference of Major Superiors of Men will meet to determine how this Charter
will be conveyed and established in the communities of religious men in the
United States. Diocesan/eparchial bishops and major superiors of clerical
institutes or their delegates will meet periodically to coordinate their roles
concerning the issue of allegations made against a cleric member of a religious
institute ministering in a diocese/eparchy.
ARTICLE 16. Given the extent of the problem of the sexual abuse of minors
in our society, we are willing to cooperate with other churches and ecclesial
communities, other religious bodies, institutions of learning, and other
interested organizations in conducting research in this area.
ARTICLE 17. We pledge our complete cooperation with the Apostolic
Visitation of our diocesan/eparchial seminaries and religious houses of
formation recommended in the Interdicasterial Meeting with the Cardinals of the
United States and the Conference Officers in April 2002. Unlike the previous
visitation, these new visits will focus on the question of human formation for
celibate chastity based on the criteria found in Pastores Dabo Vobis. We
look forward to this opportunity to strengthen our priestly formation programs
so that they may provide God's people with mature and holy priests.
Dioceses/eparchies will develop systematic ongoing formation programs in keeping
with the recent Conference document Basic Plan for the Ongoing Formation of
Priests (2001) so as to assist priests in their living out of their
vocation.
Conclusion
In the midst of this terrible
crisis of sexual abuse of young people by priests and bishops and how it has
been dealt with by bishops, many other issues have been raised. In this Charter
we focus specifically on the painful issue at hand. However, in this matter, we
do wish to affirm our concern especially with regard to issues related to
effective consultation of the laity and the participation of God's people in
decision making that affects their well-being.
We must increase our vigilance to prevent those few who might exploit the
priesthood for their own immoral and criminal purposes from doing so. At the
same time, we know that the sexual abuse of young people is not a problem
inherent in the priesthood, nor are priests the only ones guilty of it. The vast
majority of our priests are faithful in their ministry and happy in their
vocation. Their people are enormously appreciative of the ministry provided by
their priests. In the midst of trial, this remains a cause for rejoicing. We
deeply regret that any of our decisions have obscured the good work of our
priests, for which their people hold them in such respect.
It is within this context of the essential soundness of the priesthood and of
the deep faith of our brothers and sisters in the Church that we know that we
can meet and resolve this crisis for now and the future.
An essential means of dealing with the crisis is prayer for healing and
reconciliation, and acts of reparation for the grave offense to God and the deep
wound inflicted upon his holy people. Closely connected to prayer and acts of
reparation is the call to holiness of life and the care of the
diocesan/eparchial bishop to ensure that he and his priests avail themselves of
the proven ways of avoiding sin and growing in holiness of life.
By what we have begun here today and by what we have stated and agreed to,
We pledge most solemnly to one another and to you, God's
people, that we will work to our utmost for the protection of children and
youth.
We pledge that we will devote to this goal the resources and personnel necessary
to accomplish it.
We pledge that we will do our best to ordain to the priesthood and put into
positions of trust only those who share this commitment to protecting children
and youth.
We pledge that we will work toward healing and reconciliation for those sexually
abused by clerics.
We make these pledges with a
humbling sense of our own limitations, relying on the help of God and the
support of his faithful priests and people to work with us to fulfill them.
Above all we believe, in the words of St. Paul as cited by Pope John Paul II in
April 2002, that "where sin increased, grace overflowed all the more" (Rm 5:20).
This is faith's message. With this faith, we are confident that we will not be
conquered by evil but overcome evil with good (cf. Rm 12:21).
This charter is published for the dioceses/eparchies of the United States, and
we bishops commit ourselves to its immediate implementation. It is to be
reviewed in two years by the Conference of Bishops with the advice of the
National Review Board created in Article 9 to ensure its effectiveness in
resolving the problems of sexual abuse of minors by priests.
_____________________________________
* Sexual abuse of a minor
includes sexual molestation or sexual exploitation of a minor and other behavior
by which an adult uses a minor as an object of sexual gratification. Sexual
abuse has been defined by different civil authorities in various ways, and these
norms do not adopt any particular definition provided in civil law. Rather, the
transgressions in question relate to obligations arising from divine commands
regarding human sexual interaction as conveyed to us by the sixth commandment of
the Decalogue (CIC, c. 1395 §2, CCEO, c. 1453 §1). Thus, the norm to be
considered in assessing an allegation of sexual abuse of a minor is whether
conduct or interaction with a minor qualifies as an external, objectively grave
violation of the sixth commandment (USCCB, Canonical Delicts Involving Sexual
Misconduct and Dismissal from the Clerical State, 1995, p. 6). A canonical
offense against the sixth commandment of the Decalogue (CIC, c. 1395 §2; CCEO,
c. 1453 §1) need not be a complete act of intercourse. Nor, to be objectively
grave, does an act need to involve force, physical contact, or a discernible
harmful outcome. Moreover, “imputability [moral responsibility] for a canonical
offense is presumed upon external violation ... unless it is otherwise apparent”
(CIC, c. 1321 §3; CCEO, c. 1414 §2). Cf. CIC, cc. 1322-1327, and CCEO, cc. 1413,
1415, and 1416. If there is any doubt about whether a specific act fulfills this
definition, the writings of recognized moral theologians should be consulted and
the opinion of a recognized expert be obtained (Canonical Delicts, p. 6).
Ultimately, it is the responsibility of the diocesan bishop/eparch, with the
advice of a qualified review board, to determine the gravity of the alleged act.
The document
Charter for the Protection of Children and Young People was developed by the
Ad Hoc Committee on Sexual Abuse of the United States Conference of Catholic
Bishops (USCCB). It was approved by the full body of U.S. Catholic bishops at
its November 2002 General Meeting and has been authorized for publication by the
undersigned.
Msgr. William P. Fay
General Secretary, USCCB
Scripture texts used in this work are taken from the New American Bible,
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Washington, DC 20017 and are used by permission of the copyright owner. All
rights reserved.
Copyright © 2002 United States Conference of Catholic Bishops, Washington, D.C.
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