Week 10

A brief summary of the applicable canonical legislation

concerning the delict of sexual abuse of minors:
2019 LAW:MOTU PROPRIO VOS ESTIS LUX MUNDI
A brief summary of the applicable canonical legislation concerning the delict of sexual abuse of minors

Prior document: motu proprio Sacramentorum sanctitatis tutela (SST)


promugulated by Pope John Paul II on April, 2001. Here the sexual abuse
of minor (under age 18) committed by cleric was included in the list of
more grave crimes- reserved to CDF. (Prescription of this delict was fixed
at 10 years beginning at the completion of the 18 th year of the victim.

Following revisions - motu proprio approved by Benedict the XVI, May,


2010: Still a grave crime and reserved to CDF. The current norms
prescription, in the case of abuse of minors, is set for 20 years calculated
from the completion of the 18th birthday of the victim.

Current document (law 2019): motu proprio Vos estis lux mundi (Light of

the World)
Canon lawyers to help us!
The VADEMECUM
16th July 2020 (Vatican: Congregation for the Doctrine of Faith (CDF)
issued VADEMECUM: Procedures / Instructional Manual = a step by step
guide.

This is a tool to assist bishops and major superiors to help ascertain the truth
in cases of minors who have suffered abuse on the part of clergy/ religious.

It has 9 chapters and about 30 pages.

N/B It is not a different law but a guiding tool that was requested at the
global meeting of the Presidents of the Episcopal conferences at the Vatican
in February 2019 to guide in the working of vos estis lux mundi
Dealing with clergy/religious Child sexual
abuse (Process)
1. The responsibility of dealing with cases of sexual abuse of
minors remain with the bishops or major superiors.
2. To this end, a bishop/major superior shall designate
religious/clergy- esteemed for their prudence, experience sense
of justice and charity –to inexcusably (if a priest) receive the
information outside the sacrament of penance.
3. Whenever possible, complaints should be made in writing and
signed. If this is not possible, they may be made verbally in the
presence of a religious designated by the major superior,
recorded and then signed by the complainant (unless he or she
refuses to do so) and witnessed by the religious.
If the local superior (prior) or any other religious has news on
“abuse” he/she shall immediately inform his/her major superior.

Once the major superior has been informed, if he/she considers

the account to have at least the semblance of truth and not
manifestly false or glib, he/she will order a preliminary or initial
investigation. Note Below:

If accusation seems true, the bishop/major superior or

delegate ought to carry out the preliminary investigations in
accord with CIC can. 1717, CCEO can. 1468, and SST art.16.
According to the Norms:

Timeline for the investigation – 1 -3 months.

N/B Care must be taken so that the good name of

everyone (acuser, accused, witness etc.) is not
endangered by the investigation. This includes
maintaining confidentiality and asking all others to do
like wise
1. If the accusation is credible, it must be submitted to CDF
2. Once the case is studied, the CDF will indicate the next steps
to be taken.
3. The CDF will also offer direction to assure for a just process
for the accused priest/religious, respect the fundamental right
of defense, care for the good of the church and the good of the
victims.
N/b While case is on, the accused must remain in the country
where the allegations took place…..no movement to another
country!

4. Ordinarily the imposition of a permanent penalty such as

dismissal from (clerical state) requires a penal judicial process.
Some important points to note
If someone expresses concern or make an allegation to you about
abuses in the Church/Church institution:
Take the person seriously
Ensure the immediate safety of the person who is at risk
Take emergency action, if required by contacting police, social
worker, or medical services
Encourage the complainant to contact the Safeguarding Adviser in
the Diocese where the alleged incident (s) took place
Ensure that the person knows that the Church has a mandatory
reporting policy and that you must inform the Safeguarding Adviser.
Contact the Safeguarding Advisor yourself.
The canonical measures applied in dealing with cleric/religious
found guilty of sexual abuse of minor
1. Complete restriction from public ministry
2. Exclusion from complete contact with minors
3. Ecclesiastical penalties e.g. dismissal from the clerical/religious state
1. In some cases, the request of clergy/religious to be dispensed from the obligations
of clerical/religious life, including celibacy can be given, pro bono Ecclesiae.
2. Preliminary investigation and the entire process is to be carried out with due
respect for the privacy of the persons involved and due attention to their
reputations.
3. Investigation has time line (1-3 months).
4. Ordinarily before a case is referred to the CDF, the accused person should be
informed of the accusation which has been made and be given the opportunity to
respond to it.
5. The prudence of the bishop will determine what communication will be
communicated to the accused in the course of the preliminary investigations.