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Essential Norms for Diocesan/Eparchial
Policies Dealing with Allegations of Sexual Abuse of Minors by
Priests or Deacons
Comparative Text
June 14, 2002 - October 29, 2002
June Norms |
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Revised Norms |
| Preamble
On June 14, 2002, the United States Conference of Catholic
Bishops approved a Charter for the Protection of Children
and Young People. The charter addresses the Church's
commitment to deal appropriately and effectively with
cases of sexual abuse of minors by priests, deacons,
and other church personnel (i.e., employees and volunteers).
The bishops of the United States have promised to reach
out to those who have been sexually abused as minors
by anyone serving the Church in ministry, employment,
or a volunteer position, whether the sexual abuse was
recent or occurred many years ago. They stated that they
would be as open as possible with the people in parishes
and communities about instances of sexual abuse of minors,
with respect always for the privacy and the reputation
of the individuals involved. They have committed themselves
to the pastoral and spiritual care and emotional well-being
of those who have been sexually abused and of their families. |
Preamble
On June 14, 2002, the United States Conference of Catholic
Bishops approved a Charter for the Protection of Children
and Young People. The charter addresses the Church's
commitment to deal appropriately and effectively with
cases of sexual abuse of minors by priests, deacons,
and other church personnel (i.e., employees and volunteers).
The bishops of the United States have promised to reach
out to those who have been sexually abused as minors
by anyone serving the Church in ministry, employment,
or a volunteer position, whether the sexual abuse was
recent or occurred many years ago. They stated that they
would be as open as possible with the people in parishes
and communities about instances of sexual abuse of minors,
with respect always for the privacy and the reputation
of the individuals involved. They have committed themselves
to the pastoral and spiritual care and emotional well-being
of those who have been sexually abused and of their families. |
In addition, the bishops will work with parents, civil authorities,
educators, and various organizations in the community to make and
maintain the safest environment for minors. In the same way, the
bishops have pledged to evaluate the background of seminary applicants
as well as all church personnel, who have responsibility for the
care and supervision of children and young people. |
In addition, the bishops will work with parents, civil authorities,
educators, and various organizations in the community to make and
maintain the safest environment for minors. In the same way, the
bishops have pledged to evaluate the background of seminary applicants
as well as all church personnel who have responsibility for the
care and supervision of children and young people. |
Therefore, to ensure that each diocese/eparchy in the United States
of America will have procedures in place to respond promptly to
all allegations of sexual abuse of minors, the United States Conference
of Catholic Bishops decrees these norms for diocesan/eparchial
policies dealing with allegations of sexual abuse of minors by
priests, deacons, or other church personnel. |
Therefore, to ensure that each diocese/eparchy in the United States
of America will have procedures in place to respond promptly to
all allegations of sexual abuse of minors, the United States Conference
of Catholic Bishops decrees these norms for diocesan/eparchial
policies dealing with allegations of sexual abuse of minors by
diocesan and religious priests or deacons.1 These norms
are complementary to the universal law of the Church, which has
traditionally considered the sexual abuse of minors a grave delict
and punishes the offender with penalties, not excluding dismissal
from the clerical state if the case so warrants. |
[Preamble for June Norms ends here – following
is the definition of sexual abuse according to the Charter:]
Cf. c. 1395, §2. Notice that a sexual offense violative
of §2 need not be a complete act of intercourse,
nor should the term necessarily be equated with the definitions
of sexual abuse or other crimes in civil law. "Sexual
abuse [includes] contacts or interactions between a child
and an adult when the child is being used as an object
of sexual gratification for the adult. A child is abused
whether or not this activity involves explicit force,
whether or not it involves genital or physical contact,
whether or not it is initiated by the child, and whether
or not there is discernible harmful outcome" (Canadian
Conference of Bishops, From Pain to Hope, 1992, p. 20).
If there is any doubt about whether a specific act fulfills
this definition, the writings of recognized moral theologians
should be consulted and, if necessary, the opinion of
a recognized expert shall be obtained (Canonical Delicts
Involving Sexual Misconduct and Dismissal from the Clerical
State, 1995, p. 6). We also note that diocesan/eparchial
policies must be in accord with the civil law. |
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. 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
(Canonical Delicts Involving Sexual Misconduct and Dismissal from
the Clerical State, USCC, 1995, p. 6). A canonical offence against
the sixth commandment of the Decalogue (c. 1395, §2) 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." (c. 1321, §3). Cf. cc 1322-27.2 |
Norms
1. These norms, after approval by the Apostolic See,
constitute particular law for all the dioceses/eparchies
of the United States of America. Two years after recognitio has
been received, these norms will be evaluated. |
Norms
1. Having received the recognitio of the Apostolic
See on December 8, 2002, and having been legitimately
promulgated in accordance with the practice of this Episcopal
Conference on December 12, 2002, these Norms constitute
particular law for all the dioceses/eparchies of the
United States of America. Two years after recognitio has
been received, these norms will be evaluated by the plenary
assembly of the United States Conference of Catholic
Bishops. |
2. Each diocese/eparchy will have a written policy on the sexual
abuse of minors by priests, deacons, or other church personnel.
A copy of this policy will be filed with the United States Conference
of Catholic Bishops within three months of the effective date of
these norms. Copies of any eventual revisions of the written diocesan/eparchial
policy are also to be filed with the United States Conference of
Catholic Bishops within three months of such modifications. |
2. Each diocese/eparchy will have a written policy on the sexual
abuse of minors by priests and deacons, as well as by other Church
personnel. This policy is to comply fully with, and is to specify
in more detail, the steps to be taken in implementing the requirements
of canon law, particularly canons 1717-1719. A copy of this policy
will be filed with the United States Conference of Catholic Bishops
within three months of the effective date of these norms. Copies
of any eventual revisions of the written diocesan/eparchial policy
are also to be filed with the United States Conference of Catholic
Bishops within three months of such modifications. |
3. Each diocese/eparchy will designate a competent assistance coordinator
to aid in the immediate pastoral care of persons who claim to have
been sexually abused when they were minors by priests, deacons,
or other church personnel. |
3. Each diocese/eparchy will designate a competent person to coordinate
assistance for the immediate pastoral care of persons who claim
to have been sexually abused when they were minors by priests or
deacons. |
4. To assist the diocesan/eparchial bishop in his work, each diocese/eparchy
will have a review board whose functions include |
4. To assist diocesan/eparchial bishops, each diocese/eparchy will
also have a review board which will function as a confidential
consultative body to the bishop/eparch in discharging his responsibilities.
The functions of this board may include: |
A. The assessment of allegations of sexual abuse of minors by priests,
deacons, and other church personnel in order to advise the diocesan/eparchial
bishop on whether or not the allegations appear to be credible;
the assessment will be communicated to the victim and accused;
the board can act both retrospectively and prospectively on these
matters; |
A. advising the diocesan bishop/eparch in his assessment of allegations
of sexual abuse of minors and in his determination of suitability
for ministry; |
B. The review of the diocesan/eparchial policy and procedures for
dealing with these allegations at least every two years in order
to recommend to the diocesan/eparchial bishop any modifications,
if appropriate; and |
B. reviewing diocesan/eparchial policies for dealing with sexual
abuse of minors; and |
C. The recommendation concerning fitness for ministry in particular
cases. |
C. offering advice on all aspects of these cases, whether retrospectively
or prospectively. |
5. The review board, established by the diocesan/eparchial bishop,
will be composed of at least five persons of outstanding integrity
and good judgment. The majority of the review board members will
be lay persons who are not in the employ of the diocese/eparchy;
but at least one member should be a priest, and at least one member
should have particular expertise in the treatment of the sexual
abuse of minors. The members will be appointed for a term of five
years, which can be renewed. |
5. The review board, established by the diocesan/eparchial bishop,
will be composed of at least five persons of outstanding integrity
and good judgment in full communion with the Church. The majority
of the review board members will be lay persons who are not in
the employ of the diocese/eparchy; but at least one member should
be a priest who is an experienced and respected pastor of the diocese/eparchy
in question, and at least one member should have particular expertise
in the treatment of the sexual abuse of minors. The members will
be appointed for a term of five years, which can be renewed. It
is desirable that the Promoter of Justice participate in the meetings
of the review board. |
6. Each province will establish an appellate review board, to be
composed of at least five persons of outstanding integrity and
good judgment. The majority of the members will be lay persons;
but at least one member should be a bishop, and at least one member
should be a canon lawyer. The appellate review board's function
will be to offer—upon request by the bishop, the alleged
victim, or the accused—its advice to the diocesan/eparchial
bishop on the case (cf. norm 4A). The request must be made within
fifteen (15) days after the alleged victim or the accused has been
notified of the assessment of the initial review board. Within
sixty (60) days of its receiving the request, the appellate review
board's advice will be communicated to those involved. |
[Norm 6 of June Essential Norms omitted in Revised Norms] |
7. When a credible allegation of sexual abuse of a minor by priests,
deacons, or other church personnel is made, the alleged offender
will be relieved of any ecclesiastical ministry or function. An
investigation in harmony with canon law will promptly commence.
The accused will be encouraged to retain the assistance of civil
and canonical counsel and will be promptly notified of the preliminary
findings of the investigation. |
7. When an allegation of sexual abuse of a minor by a priest or deacon
is received, a preliminary investigation in harmony with canon
law will be initiated and conducted promptly and objectively (c.
1717). All appropriate steps shall be taken to protect the reputation
of the accused during the investigation. The accused will be encouraged
to retain the assistance of civil and canonical counsel and will
be promptly notified of the results of the investigation. When
there is sufficient evidence that sexual abuse of a minor has occurred,
the Congregation of the Doctrine of the Faith shall be notified.
The bishop/eparch shall then apply the precautionary measures mentioned
in canon 1722—i.e., remove the accused from the sacred
ministry or from any ecclesiastical office or function, impose
or prohibit residence in a given place or territory, and prohibit
public participation in the Most Holy Eucharist pending the outcome
of the process. |
8. If the credible allegation of sexual abuse of a minor involves
a priest or deacon, the ordinary/hierarch will ask him to undergo
appropriate medical and psychological evaluation and intervention,
if possible. |
8. The alleged offender may be requested to seek, and may be urged
voluntarily to comply with, an appropriate medical and psychological
evaluation at a facility mutually acceptable to the diocese/eparchy
and to the accused. |
9. Where sexual abuse by a priest or deacon is admitted or is established
after an appropriate investigation in accord with canon law, the
following will pertain:
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9. When even a single act of sexual abuse by a priest or deacon is
admitted or is established after an appropriate process in accord
with canon law, the offending priest or deacon will be removed
permanently from ecclesiastical ministry, not excluding dismissal
from the clerical state, if the case so warrants. (c. 1395, 2).3 |
A. Diocesan/eparchial policy will provide that for even a single
act of sexual abuse of a minor-past, present, or future-the offending
priest or deacon will be permanently removed from ministry.
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A. In every case involving canonical penalties, the processes provided
for in canon law must be observed, and the various provisions of
canon law must be considered. (cf. Canonical Delicts Involving
Sexual Misconduct and Dismissal from the Clerical State, 1995;
Letter from the Congregation for the Doctrine of the Faith, May
18, 2001). Unless the Congregation for the Doctrine of the Faith,
having been notified, calls the case to itself because of special
circumstances, it will direct the diocesan bishop/eparch to proceed.
(Article 13, "Procedural Norms" for Motu proprio Sacramentorum
sanctitatis tutela, AAS, 93, 2001, p. 787). If the case would
otherwise be barred by prescription, because sexual abuse of a
minor is a grave offense, the bishop/eparch shall apply to the
Congregation for the Doctrine of the Faith for a derogation from
the prescription, while indicating appropriate pastoral reasons.
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.
The provisions of canon 1722 shall be implemented during the pendency
of the penal process, in accord with Article 15 of this motu
proprio. |
B. In every case, the processes provided for in canon law must be
observed, and the various provisions of canon law must be considered
(cf. Canonical Delicts Involving Sexual Misconduct and Dismissal
from the Clerical State, 1995; Letter from the Congregation
for the Doctrine of the Faith, May 18, 2001). These provisions
may include a request by the priest or deacon for dispensation
from the obligations of holy orders and the loss of the clerical
state, or a request by his diocesan/eparchial bishop for dismissal
from the clerical state even without the consent of the priests
or deacons. 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.
C. If the penalty of dismissal from the clerical state has not been
applied (e.g., for reasons of advanced age or infirmity), the offender
is to lead a life of prayer and penance. He will not be permitted
to celebrate Mass publicly, to wear clerical garb, or to present
himself publicly as a priest. |
B. 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. |
[In revised norms, norm 9 constitutes an additional
norm] |
9. 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.4 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 who has committed even
one act of sexual abuse of a minor as described above shall not
continue in active ministry.5 |
[In revised norms, norm 10 constitutes an additional
norm] |
10. The priest or deacon may at any time request a dispensation from
the obligations of the clerical state. In exceptional cases, the
bishop/eparch may request of the Holy Father the dismissal of the
priest or deacon from the clerical state ex officio, even
without the consent of the priest or deacon. |
10. The diocese/eparchy will report to the public authorities any
allegation (unless canonically privileged) of sexual abuse of a
person who is currently a minor and will cooperate in their investigation.
It will cooperate with public authorities about reporting in cases
when the person alleged to have been abused is no longer a minor.
In every instance, the diocese/eparchy will advise and support
a person's right to make a report to public authorities. |
11. The diocese/eparchy 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 every instance, the diocese/eparchy will advise and support
a person's right to make a report to public authorities.6 |
11. Before a priest or deacon is proposed to another diocese/eparchy
for assignment, transfer, or residence, if there is anything in
his background to indicate that he would be a danger to children
or young people, an accurate and complete description of the priest's
or deacon's record will be forwarded by his ordinary/hierarch to
the local ordinary/hierarch of his new residence. This holds even
if the priest or deacon will only reside in the local community
of an institute of consecrated life or society of apostolic life
(or, in the Eastern Churches, as a monk or other religious, in
a society of common life according to the manner of religious,
in a secular institute, or in another form of consecrated life
or society of apostolic life). |
12. 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 indicating that he has been or
may be a danger to children or young people. This shall apply even
if the priest or deacon will reside in the local community of an
institute of consecrated life or society of apostolic life (or,
in the Eastern Churches, as a monk or other religious, in a society
of common life according to the manner of religious, in a secular
institute, or in another form of consecrated life or society of
apostolic life). Every bishop/eparch or religious ordinary who
receives a priest or deacon from outside his jurisdiction will
obtain the necessary information regarding any past act of sexual
abuse of a minor by the priest or deacon in question. |
12. Care will always be taken to protect the rights of all parties
involved, particularly those of the person claiming to have been
sexually abused and the person against whom the charge has been
made. When the accusation has proved to be unfounded, every step
possible will be taken to restore the good name of the person falsely
accused. |
13. Care will always be taken to protect the rights of all parties
involved, particularly those of the person claiming to have been
sexually abused and the person against whom the charge has been
made. When an accusation has proved to be unfounded, every step
possible will be taken to restore the good name of the person falsely
accused. |
13. These norms will become particular law after recognitio is received
from the Holy See. |
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Footnotes to Revised Norms
1 In applying these Norms to religious priests and
deacons, the term "religious ordinary" shall be substituted for the
term "bishop/eparch" mutatis mutandis.
2 If there is any doubt whether a specific act qualifies
as an external, objectively grave violation, the writings of recognized
moral theologians should be consulted and the opinions of recognized
experts should be appropriately 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.
3 Removal from ministry is required whether or not the cleric
is diagnosed by qualified experts as a pedophile or as suffering from
a related sexual disorder which requires professional treatment.
4 See canons 35-58, 149, 157, 187-189, 192-195, 277 § 3,
381, 383, 391, 1348, 1740-1747.
5 The diocesan bishop/eparch may exercise his executive
power of governance to take one or more of the following administrative
actions: (cc. 381, 129ff):
- He may request that the accused freely resign from any currently
held ecclesiastical office (cc. 187-189).
- Should the accused decline to resign and should the diocesan
bishop/eparch judge the accused to be truly not suitable (c.
149, §1) at this time for holding an office previously freely
conferred (c. 157), then he may remove that person from office
observing the required canonical procedures (cc. 192-195, 1740-1747).
- For a cleric who holds no office in the diocese/eparchy, any
previously delegated faculties may be administratively removed
(c. 391, §1 and 142, §1), while any de lege faculties
may be removed or restricted by the competent authority as provided
in law (e.g., c. 764).
- The diocesan bishop/eparch may also judge that circumstances
surrounding a particular case constitute the just and reasonable
cause for a priest to celebrate the Eucharist with no member
of the faithful present (c. 906), and he may strongly urge the
priest not to do so and not to administer the sacraments for
the good of the Church and for his own good.
- Depending on the gravity of the case, the diocesan bishop/eparch
may also dispense (cc.85-88) the cleric from the obligation of
wearing clerical attire (c. 284) and may urge that he not do
so for the good of the Church and for his own good.
These administrative actions shall be taken in writing and by means
of decrees (cc. 47-58) so that the cleric affected is afforded the
opportunity of recourse against them in accord with canon law (cc.
1734 ff).
6 The necessary observance of the canonical norms internal
to the Church is not intended in any way to hinder the course of any
civil action that may be operative. At the same time, the Church reaffirms
her right to enact legislation binding on all her members concerning
the ecclesiastical dimensions of the delict of sexual abuse of minors.
November
05, 2002 Copyright © by United States Conference of Catholic
Bishops |
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