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The Church's Strict Patrol Against Pedophilia: Interview With Monsignor Charles Scicluna
The Church's Strict Patrol Against Pedophilia: Interview With Monsignor Charles Scicluna
Pedophilia
VATICAN CITY, MARCH 14, 2010 (Zenit.org).- Here is a Vatican translation of an interview
with Monsignor Charles Scicluna, who handles cases brought against abusive priests for the
Congregation for the Doctrine of the Faith, which was published Saturday by Avvenire.
***
Msgr. Charles J. Scicluna is the "promoter of justice" of the Congregation for the Doctrine of the
Faith. He is effectively the prosecutor of the tribunal of the former Holy Office, whose job it is to
investigate what are known as delicta graviora; i.e., the crimes which the Catholic Church
considers as being the most serious of all: crimes against the Eucharist and against the sanctity of
the Sacrament of Penance, and crimes against the sixth Commandment ("thou shall not commit
impure acts") committed by a cleric against a person under the age of eighteen. These crimes, in
a motu proprio of 2001, Sacramentum sanctitatis tutela, come under the competency of the
Congregation for the Doctrine of the Faith. In effect, it is the "promoter of justice" who deals
with, among other things, the terrible question of priests accused of paedophilia, which are
periodically highlighted in the mass media. Msgr. Scicluna, an affable and polite Maltese, has the
reputation of scrupulously carrying out the tasks entrusted to him without deferring to anyone.
Q: Monsignor, you have the reputation of being "tough", yet the Catholic Church is
systematically accused of being accommodating towards "paedophile priests"
Monsignor Scicluna: It may be that in the past -- perhaps also out of a misdirected desire to
protect the good name of the institution -- some bishops were, in practice, too indulgent towards
this sad phenomenon. And I say in practice because, in principle, the condemnation of this kind
of crime has always been firm and unequivocal. Suffice it to recall, to limit ourselves just to last
century, the famous Instruction Crimen Sollicitationis of 1922.
Monsignor Scicluna: A poor English translation of that text has led people to think that the Holy
See imposed secrecy in order to hide the facts. But this was not so. Secrecy during the
investigative phase served to protect the good name of all the people involved; first and
foremost, the victims themselves, then the accused priests who have the right - as everyone does
- to the presumption of innocence until proven guilty. The Church does not like showcase justice.
Norms on sexual abuse have never been understood as a ban on denouncing the crimes to the
civil authorities.
Q: Nonetheless, that document is periodically cited to accuse the current Pontiff of having been
-- when he was prefect of the former Holy Office -- objectively responsible for a Holy See policy
of covering up the facts...
Monsignor Scicluna: That accusation is false and calumnious. On this subject I would like to
highlight a number of facts. Between 1975 and 1985 I do not believe that any cases of
paedophilia committed by priests were brought to the attention of our Congregation. Moreover,
following the promulgation of the 1983 Code of Canon Law, there was a period of uncertainty as
to which of the delicta graviora were reserved to the competency of this dicastery. Only with the
2001 motu proprio did the crime of paedophilia again become our exclusive remit. From that
moment Cardinal Ratzinger displayed great wisdom and firmness in handling those cases, also
demonstrating great courage in facing some of the most difficult and thorny cases, sine
acceptione personarum. Therefore, to accuse the current Pontiff of a cover-up is, I repeat, false
and calumnious.
Monsignor Scicluna: If the accusation is well-founded the bishop has the obligation to
investigate both the soundness and the subject of the accusation. If the outcome of this initial
investigation is consistent, he no longer has any power to act in the matter and must refer the
case to our Congregation where it is dealt with by the disciplinary office.
Monsignor Scicluna: Apart from myself who, being one of the superiors of the dicastery, also
concern myself with other matters, there are the bureau chief Fr. Pedro Miguel Funes Diaz, seven
priests and a lay lawyer who follow these cases. Other officials of the Congregation also make
their own vital contribution depending upon the language and specific requirements of each case.
Q: That office has been accused of working little and slowly...
Monsignor Scicluna: Those are unjustified comments. In 2003 and 2004 a great wave of cases
flooded over our desks. Many of them came from the United States and concerned the past. Over
recent years, thanks to God, the phenomenon has become greatly reduced, and we now seek to
deal with new cases as they arise.
Monsignor Scicluna: Overall in the last nine years (2001-2010) we have considered accusations
concerning around three thousand cases of diocesan and religious priests, which refer to crimes
committed over the last fifty years.
Monsignor Scicluna: No, it is not correct to say that. We can say that about sixty percent of the
cases chiefly involved sexual attraction towards adolescents of the same sex, another thirty
percent involved heterosexual relations, and the remaining ten percent were cases of paedophilia
in the true sense of the term; that is, based on sexual attraction towards prepubescent children.
The cases of priests accused of paedophilia in the true sense have been about three hundred in
nine years. Please don't misunderstand me, these are of course too many, but it must be
recognised that the phenomenon is not as widespread as has been believed.
Q: The accused, then, are three thousand. How many have been tried and condemned?
Monsignor Scicluna: Currently we can say that a full trial, penal or administrative, has taken
place in twenty percent of cases, normally celebrated in the diocese of origin - always under our
supervision - and only very rarely here in Rome. We do this also in order to speed up the
process. In sixty percent of cases there has been no trial, above all because of the advanced age
of the accused, but administrative and disciplinary provisions have been issued against them,
such as the obligation not to celebrate Mass with the faithful, not to hear confession, and to live a
retired life of prayer. It must be made absolutely clear that in these cases, some of which are
particularly sensational and have caught the attention of the media, no absolution has taken
place. It's true that there has been no formal condemnation, but if a person is obliged to a life of
silence and prayer, then there must be a reason.
Monsignor Scicluna: We can say that in ten percent of cases, the particularly serious ones in
which the proof is overwhelming, the Holy Father has assumed the painful responsibility of
authorising a decree of dismissal from the clerical state. This is a very serious but inevitable
provision, taken though administrative channels. In the remaining ten percent of cases, it was the
accused priests themselves who requested dispensation from the obligations deriving from the
priesthood, requests which were promptly accepted. Those involved in these latter cases were
priests found in possession of paedophile pornographic material and, for this reason, condemned
by the civil authorities.
Q: Where do these three thousand cases come from?
Monsignor Scicluna: Mostly from the United States which, in the years 2003-2004, represented
around eighty percent of total cases. In 2009 the United States "share" had dropped to around
twenty-five percent of the 223 cases reported from all over the world. Over recent years (2007-
2009), the annual average of cases reported to the Congregation from around the world has been
two hundred and fifty. Many countries report only one or two cases. There is, then, a growing
diversity and number of countries of origin of cases, but the phenomenon itself is much reduced.
It must, in fact, be borne in mind that the overall number of diocesan and religious priests in the
world is four hundred thousand, although this statistic does not correspond to the perception that
is created when these sad cases occupy the front pages of the newspapers.
Q: And in Italy?
Monsignor Scicluna: Thus far the phenomenon does not seem to have dramatic proportions,
although what worries me is a certain culture of silence which I feel is still too widespread in the
country. The Italian Episcopal Conference (CEI) offers an excellent technical-juridical
consultancy service for bishops who have to deal with these cases. And I am very pleased to
observe the ever greater commitment being shown by Italian bishops to throw light on the cases
reported to them.
Q: You said that a full trial has taken place in around twenty percent of the three thousand cases
you have examined over the last nine years. Did they all end with the condemnation of the
accused?
Monsignor Scicluna: Many of the past trials did end with the condemnation of the accused. But
there have also been cases in which the priest was declared innocent, or where the accusations
were not considered to have sufficient proof. In all cases, however, not only is there an
examination of the guilt or innocence of the accused priest, but also a discernment as to his
fitness for public ministry.
Q: A recurring accusation made against the ecclesiastical hierarchy is that of not reporting to the
civil authorities when crimes of paedophilia come to their attention.
Monsignor Scicluna: In some English-speaking countries, but also in France, if bishops become
aware of crimes committed by their priests outside the sacramental seal of Confession, they are
obliged to report them to the judicial authorities. This is an onerous duty because the bishops are
forced to make a gesture comparable to that of a father denouncing his own son. Nonetheless,
our guidance in these cases is to respect the law.
Q: And what about countries where bishops do not have this legal obligation?
Monsignor Scicluna: In these cases we do not force bishops to denounce their own priests, but
encourage them to contact the victims and invite them to denounce the priests by whom they
have been abused. Furthermore, we invite the bishops to give all spiritual - and not only spiritual
- assistance to those victims. In a recent case concerning a priest condemned by a civil tribunal in
Italy, it was precisely this Congregation that suggested to the plaintiffs, who had turned to us for
a canonical trial, that they involve the civil authorities in the interests of victims and to avoid
other crimes.
Monsignor Scicluna: Here you touch upon what, in my view, is a sensitive point. In the past, that
is before 1898, the statue of limitations was something unknown in canon law. For the most
serious crimes, it was only with the 2001 motu proprio that a statute of limitations of ten years
was introduced. In accordance with these norms in cases of sexual abuse, the ten years begin
from the day on which the minor reaches the age of eighteen.
Q: Is that enough?
Monsignor Scicluna: Practice has shown that the limit of ten years is not enough in this kind of
case, in which it would be better to return to the earlier system of delicta graviora not being
subject to the statue of limitations. On 7 November 2002, Venerable Servant of God John Paul II
granted this dicastery the power to revoke that statue of limitations, case by case following a
reasoned request from individual bishops. And this revocation is normally granted.
Unlike the Roman papacy, in certain circles the New York Times still enjoys the presumption of
authority. So when the front page carries a story headlined "Vatican Declined to Defrock U.S.
Priest Who Abused Deaf Boys," people notice.
Written by Laurie Goodstein and published March 25, the thrust is twofold. First, that the Rev.
Lawrence Murphy, a priest who abused children at St. John's School for the Deaf in Milwaukee
from the 1950s to the 1970s, went unpunished. Father Murphy, she wrote categorically, "was
never tried or disciplined by the church's own justice system."
This all feeds the kicker: "the effort to dismiss Father Murphy came to a sudden halt after the
priest appealed to Cardinal Ratzinger for leniency." In other words, Murphy got off scot-free,
and the cardinal looked the other way.
Ms. Goodstein cites internal church documents, which the Times posted online. The documents
were provided by Jeff Anderson and Mike Finnegan. They are described as "lawyers for five
men who have brought four lawsuits against the Archdiocese of Milwaukee."
What she did not tell readers is that Mr. Anderson isn't just any old lawyer. When it comes to
suing the church, he is America's leading plaintiffs attorney. Back in 2002, he told the Associated
Press that he'd won more than $60 million in settlements from the church, and he once boasted to
a Twin Cities weekly that he's "suing the s--t out of them everywhere." Nor did the Times report
another salient fact about Mr. Anderson: He's now trying to sue the Vatican in U.S. federal court.
None of this makes Mr. Anderson wrong or unworthy of quoting. It does make him a much
bigger player than the story disclosed. In fact, it's hard to think of anyone with a greater financial
interest in promoting the public narrative of a church that takes zero action against abuser priests,
with Pope Benedict XVI personally culpable.
Asked about the omissions in an email, Ms. Goodstein replied as follows: "Given the complexity
of the Murphy case, and the relative brevity of my story, I don't think it is realistic for you to
expect this story to get into treating other cases that these attorneys have handled."
Martin Nussbaum, a lawyer who is not involved in the Murphy case but who has defended other
dioceses and churches in sexual abuse suits, emailed me four interesting letters sent to Murphy
from three Wisconsin bishops. These documents are not among those posted online by the
Times. They are relevant, however, because they refute the idea that Murphy went unpunished.
In fact, the letters from these bishops—three in 1993 and one in 1995, after fresh allegations of
Murphy's misconduct—variously informed the priest that he was not to celebrate the sacraments
in public, not to have any unsupervised contact with minors, and not to work in any parish
religious education program.
It's accurate to say Murphy was never convicted by a church tribunal. It's also reasonable to
argue (as I would) that Murphy should have been disciplined more. It is untrue, however, to
suggest he was "never" disciplined. When asked if she knew of these letters, Ms. Goodstein did
not directly answer, saying her focus was on what was "new," i.e., "the attempts by those same
bishops to have Father Murphy laicized."
As for Rome, it did not get the case until 1996, when the archdiocese of Milwaukee informed the
Congregation for the Doctrine of the Faith, then headed by Joseph Cardinal Ratzinger. Back
then, the CDF handled abuse cases when they involved a breach of confession (Murphy was
accused of using the confessional to solicit boys). At that time, too, the only real option for
reducing Murphy to the lay state was a church trial. And the bishops in Wisconsin did begin a
trial.
Ms. Goodstein's original article said simply that Cardinal Ratzinger's deputy halted Murphy's
trial after the priest sent the cardinal a letter saying he was dying and asking for clemency. A
follow-up Times article last Thursday clarified that Rome came down the way it did because
Murphy had shown "apparent good conduct" for the last 24 years, and "it would be difficult to
try him" because "so much time [had] passed between the crimes and the trial."
Plus, his bishops had already stripped Murphy of his priestly faculties, the equivalent of taking a
doctor's medical license. Does all this really suggest people callously looking the other way?
A few years later, when the CDF assumed authority over all abuse cases, Cardinal Ratzinger
implemented changes that allowed for direct administrative action instead of trials that often took
years. Roughly 60% of priests accused of sexual abuse were handled this way. The man who is
now pope reopened cases that had been closed; did more than anyone to process cases and hold
abusers accountable; and became the first pope to meet with victims. Isn't the more reasonable
interpretation of all these events that Cardinal Ratzinger's experience with cases like Murphy's
helped lead him to promote reforms that gave the church more effective tools for handling
priestly abuse?
That's not to say that the press should be shy, even about Pope Benedict XVI's decisions as
archbishop and cardinal. The Murphy case raises hard questions: why it took the archbishops of
Milwaukee nearly two decades to suspend Murphy from his ministry; why innocent people
whose lives had been shattered by men they are supposed to view as icons of Christ found so
little justice; how bishops should deal with an accused clergyman when criminal investigations
are inconclusive; how to balance the demands of justice with the Catholic imperative that sins
can be forgiven. Oh, yes, maybe some context, and a bit of journalistic skepticism about the
narrative of a plaintiffs attorney making millions off these cases.
On March 20, 2010, the Times reported that in his eight page pastoral letter to Irish Catholics, the
pope wrote, "You have suffered grievously, and I am truly sorry ... Your trust has been betrayed
and your dignity has been violated."
The pope also "criticized Ireland's bishops for 'grave errors of judgment and failures of
leadership.'"
The primary explanation for the abuse that happened - not to excuse the retention of priests in
positions that enabled them to continue to harm children - was the belief that the priests could be
cured by psychotherapy, a theory now long discarded by the medical profession. Regrettably, it
is also likely that years ago the abuse of children was not taken as seriously as today. Thank God
we've progressed on that issue.
Many of those in the media who are pounding on the Church and the pope today clearly do it
with delight, and some with malice. The reason, I believe, for the constant assaults is that there
are many in the media, and some Catholics as well as many in the public, who object to and are
incensed by positions the Church holds, including opposition to all abortions, opposition to gay
sex and same-sex marriage, retention of celibacy rules for priests, exclusion of women from the
clergy, opposition to birth control measures involving condoms and prescription drugs and
opposition to civil divorce. My good friend, John Cardinal O'Connor, once said, "The Church is
not a salad bar, from which to pick and choose what pleases you." The Church has the right to
demand fulfillment of all of its religious obligations by its parishioners, and indeed a right to
espouse its beliefs generally.
I disagree with the Church on all of these positions. Nevertheless, it has a right to hold these
views in accordance with its religious beliefs. I disagree with many tenets of Orthodox Judaism -
the religion of my birth - and have chosen to follow the tenets of Conservative Judaism, while I
attend an Orthodox synagogue. Orthodox Jews, like the Roman Catholic Church, can demand
absolute obedience to religious rules. Those declining to adhere are free to leave.
I believe the Roman Catholic Church is a force for good in the world, not evil. Moreover, the
existence of one billion, 130 million Catholics worldwide is important to the peace and
prosperity of the planet.
Of course, the media should report to the public any new facts bearing upon the issue of child
molestation, but its objectivity and credibility are damaged when the New York Times declines to
publish an op-ed offered by New York Archbishop Timothy Dolan on the issue of anti-
Catholicism and offers instead to publish a letter to the editor, which is much shorter and less
prominent than an op-ed.
I am appalled that, according to the Times of April 6, 2010, "Last week, the center-left daily
newspaper La Repubblica wrote, without attribution that 'certain Catholic circles' believed the
criticism of the Church stemmed from 'a New York Jewish lobby.'" The pope should know that
some of his fellow priests can be thoughtless or worse in their efforts to help him. If the "certain
Catholic circles" were referring to the Times, the Pope should know that the publisher, Arthur
Sulzberger, Jr., is Episcopalian, having taken the religion of his mother, and its executive editor,
Bill Keller, is also a Christian.
Enough is enough. Yes, terrible acts were committed by members of the Catholic clergy. The
Church has paid billions to victims in the US and will pay millions, perhaps billions, more to
other such victims around the world. It is trying desperately to atone for its past by its
admissions and changes in procedures for dealing with pedophile priests. I will close with a
paraphrase of the words of Jesus as set forth in John 8:7: He [or she] that is without sin among
you, let him [or her] cast the next stone.
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