Pope Francis issues groundbreaking law requiring priests, nuns to report sex abuse, cover-up | Herman Law

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Pope Francis issues groundbreaking law requiring priests, nuns to report sex abuse, cover-up

The law mandates that the world’s 415,000 Catholic priests and 660,000 religious sisters inform church authorities when they have “well-founded motives to believe” abuse has occurred.

According to The Associated Press, Pope Francis issued a groundbreaking law Thursday requiring all Catholic priests and nuns around the world to report clergy sexual abuse and cover-up by their superiors to church authorities, in an important new effort to hold the Catholic hierarchy accountable for failing to protect their flocks.

The new church law provides whistle-blower protections for anyone making a report and requires all dioceses around the world to have a system in place to receive the claims confidentially. And it outlines procedures for conducting preliminary investigations when the accused is a bishop, cardinal or religious superior.

It’s the latest effort by Francis to respond to the global eruption of the sex abuse and cover-up scandal that has devastated the credibility of the Catholic hierarchy and his own papacy. And it provides a new legal framework for U.S. bishops to use as they prepare to adopt accountability measures next month to respond to the scandal there.

“We have said for years that priests must conform to certain strict rules, so why shouldn’t bishops and others in the hierarchy do the same?” said Cardinal Marc Ouellet, head of the Vatican office for bishops. “It’s not just a law, but a profound responsibility.”

The law makes the world’s 415,000 Catholic priests and 660,000 religious sisters mandated reporters. That means they are required to inform church authorities when they learn or have “well-founded motives to believe” that a cleric or sister has engaged in sexual abuse of a minor, sexual misconduct with an adult, possession of child pornography — or that a superior has covered up any of those crimes.

The law doesn’t require them to report to police. The Vatican has long argued that doing so could endanger the church in places where Catholics are a persecuted minority. But it does for the first time put into universal church law that they must obey civil reporting requirements where they live, and that their obligation to report to the church in no way interferes with that.

If it is implemented fully, the Vatican could well see an avalanche of abuse and cover-up reports in the coming years. Since the law is procedural and not criminal in nature, it can be applied retroactively, meaning priests and nuns are now required to report even old cases of sexual wrongdoing and cover-ups — and enjoy whistleblower protections for doing so.

Previously such reporting was left up to the conscience of individual priests and nuns. Now it is church law. There are no punitive measures foreseen if they fail to report, and similarly there are no sanctions foreseen if dioceses, for example, fail to comply. But bishops and religious superiors could be accused of cover-up or negligence if they fail to implement the provisions, or retaliate against priests and nuns who make reports.

The law defines the crimes that must be reported as: performing sexual acts with a minor or vulnerable person; forcing an adult “by violence or threat or through abuse of authority, to perform or submit to sexual acts,” and the production, possession or distribution of child pornography. Cover-up is defined as “actions or omissions intended to interfere with or avoid” civil or canonical investigations.

Ouellet said the inclusion of sex crimes involving adults was a clear reference to cases of sexual abuse of nuns and seminarians by their superiors — a scandal that has exploded in recent months following reports, including by The Associated Press and the Vatican’s own women’s magazine, of sisters being sexually assaulted by priests.

In another legal first for the Vatican, the pope mandated that victims reporting abuse must be welcomed, listened to and supported by the hierarchy, as well as offered spiritual, medical and psychological assistance. It doesn’t mandate financial reparations, however.

But the key point of the law is to decree that the church’s own priests and nuns are mandated reporters and require every diocese around the world create an accessible, confidential reporting system to receive claims of sexual abuse and cover-up. The other key element outlines the preliminary investigation procedures to be used when the accused predator is a member of the church hierarchy.

Victims and their advocates have long complained that bishops and religious superiors have escaped justice for having engaged in sexual misconduct themselves, or failed to protect their flocks from predator priests. Bishops and religious superiors are accountable only to the pope, and only a handful have ever been sanctioned or removed for sex abuse or cover-up, and usually only after particularly egregious misbehavior became public.

According to nationally recognized sex abuse attorney Jeff Herman, “This is a positive step in the right direction, but it’s not enough. It’s a self-policing tool for an institution that has repeatedly over decades proven that it cannot police itself. Victims deserve true transparency and accountability.”

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