57 / 84
F-2 | Child and Youth Protection and Safety
States may set different and even stricter standards
with regard to the age of a victim of child pornogra-
phy and what constitutes a violation of the civil law
and may also criminalize many other forms of mis-
conduct. International pastoral ministers will often
come from countries where the civil laws regarding
child pornography—and child abuse in general—
vary from those of the United States. Given this
fact, ministers should be trained in the relevant
ecclesiastical and civil law of the territorial area in
which they will serve.
Reporting of Allegations
The receipt and reporting of allegations of sex-
ual abuse of minors is another area that should
be addressed with international pastoral minis-
ters. The above referenced
Circular Letter
from the
Congregation for the Doctrine of the Faith, states:
“Sexual abuse of minors is not just a canonical delict
but also a crime prosecuted by civil law. Although
relations with civil authority will differ in various
countries, nevertheless it is important to cooperate
with such authority within their responsibilities.
Specifically, without prejudice to the sacramental
internal forum, the prescriptions of civil law regard-
ing the reporting of such crimes to the designated
authority should always be followed. This collabo-
ration, moreover, not only concerns cases of abuse
committed by clerics, but also those cases which
involve religious or lay persons who function in
ecclesiastical structures.”
Article 4 of the
Charter
, following on Article
11 of the
Essential Norms
, expresses succinctly the
strong commitment of the bishops of the United
States to promote cooperation with civil authori-
ties: “Dioceses/eparchies are to report an allegation
of sexual abuse of a person who is a minor to the
public authorities. Dioceses/eparchies are to com-
ply with all applicable civil laws with respect to the
reporting of allegations of sexual abuse of minors
to civil authorities and cooperate in their inves-
tigation in accord with the law of the jurisdiction
in question.”
In the United States, every state has enacted civil
laws that mandate reporting of child sexual abuse.
These laws vary from state to state concerning who
is a mandated reporter and what type of suspected
abuse or mistreatment must be reported. They also
differ concerning exemptions that might apply to
ministers who receive information or allegations in a
confidential forum. International pastoral ministers
should be well versed in the applicable civil law and
the means by which reporting requirements are ful-
filled. This is especially the case if their country of
origin does not mandate civil reporting of abuse.
The
Charter
also stipulates that cooperation with
public authorities should take place even if the per-
son alleged to have suffered sexual abuse is no longer
a minor. Moreover, victims of sexual abuse are to be
advised of their own right to make a report directly to
public authorities. If requested or necessary, church
ministers are to support this right in order to assure
that cooperation with authorities takes place.
Zero Tolerance
Another provision of the
Charter
and
Essential Norms
that deserves special attention is the so-called
zero
tolerance
provision for clerics who have offended.
Article 5 of the
Charter
reads: “Diocesan/eparchial
policy is to provide for even a single act of sexual
abuse of a minor—whenever it occurred—which is
admitted or established after an appropriate process
in accord with canon law, the offending priest or
deacon is to be permanently removed from ministry
and, if warranted, dismissed from the clerical state.”
This provision is also prescribed in Norm 8 of the
Essential Norms
.
The United States remains one of very few
countries in which its bishops have adopted a strin-
gent zero tolerance response to clerical sexual abuse
of minors. Accordingly, international clerics, includ-
ing those in institutes and societies, who come to the
United States may not be familiar with it or under-
stand its implications. They should be informed
clearly concerning what the policy of
zero tolerance
means, why it is important for child protection, and
how it applies to them. If they are found guilty of
or admit to acts of sexual abuse of minors they will
be permanently removed from public ministry in
this country.
It is also important for international clergy to
know that a diocesan or eparchial bishop may act to
withdraw a cleric from public ministry even in cases
where a canonical penalty has not been applied in
response to offensive acts. As Norm 9 of the
Essential
Norms
stipulates: “At all times, the diocesan bishop/
eparch has the executive power of governance,
within the parameters of the universal law of the
Church, 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.” In this way, the
Essential Norms
recognize