Faulty interpretations of church law lead to the cover up of
child abuse
(republishing, copying, no restrictions)
By: Father Shay Cullen
The cause of so much child sex abuse is the tragically mistaken notion of some people in positions of trust and authority over children that they can say and do what they like to the children.
While recent legislation and new levels of awareness have helped change this attitude, it can still be a factor for the justification of abusive acts by offenders.
The authority of parents, teachers, trainers, clerics and religious over children is not absolute - it is greatly restricted by the inalienable rights of the child. However, the responsibility of people in positions of trust to protect and help children who suffer or complain of abuse is total.
The shocking revelations of the extent of clerical sexual abuse of children in Ireland shows serious failings in this regard. Some thought that they were exempted from the moral, Christian obligation to immediately assist a child, help establish the truth about the abuse and when the evidence so indicated, bring the accused to justice.
In our work in the Philippines, protecting and helping abused children, the immediate response on hearing a report of child abuse is to send our team of social workers to take the child into care and provide medical and emotional aid. When evidence of abuse is clear, a formal complaint is filed with the authorities. When the child is willing and capable of testifying, a trial to establish the guilt or innocent of the accused will proceed.
The failure of some churches to take similar action is inexcusable. Some of these failings stem from the notion of some Church leaders and theologians that the institutional Church, and even the accused, had to be protected from the scandal.The priority must always be the victim but apparently that was far from their concerns.
The mistake was relying only on the advice of highly-paid professional psychologists and lawyers instead of consulting child counselors and therapists. Some followed the Canon Law: Letter and Spirit guidelines drawn up in 1995 by The Canon Law Society of Great Britain and Ireland.
These experts set out to guide, advise and direct bishops and the laity on how to deal with priests accused of sexually abusing a child. They said that if a cleric suffered from paedophilia, it was a mitigating circumstance and the suspect abuser could be excused from any Church investigative procedure. Punishment such as dismissal from the priesthood did not apply. This then precluded any possibility of the civil authorities getting evidence of crime against children from the Church. How terribly wrong they were.
So the suspects were reassigned and frequently abused again. Enlightened Church authorities have now abandoned this practice and all accusations are to be reported to the police, as should any crime.
The vast majority of priests lead exemplary lives and many, together with the laity, are angry and frustrated with the neglect of the child victims and the failure to bring the accused to justice. "Never again" is what we all must say. [End]
