1 1 Catholic Clergy Sexual Abuse Meets the Civil Law by Thomas P ...

umor, hearsay, and anonymous sources. 46 The investigation includes an evaluation of the
credibility of the source. 47 The entire process is to be carefully documented, and the records are
to be kept in the special or secret archives of the diocese. 48
If the bishop decides to proceed with a judicial process, the Code outlines how this is to
unfold. Since there are no juries in the Canon Law system, the process is conducted by a panel
of three or five judges. 49 Other than excommunication, dismissal from the clerical state is the
most severe penalty that can be imposed on a convicted cleric. 50 He cannot function as a priest,
and loses all rights and privileges associated with the priesthood. 51 He is barred from exercising
his ministry in any way. 52 While he remains technically a priest (or deacon or bishop), he cannot
function as one. The accused is given full rights to trial counsel. 53 He can call witnesses,
confront the accusers, and appeal the final decision. 54
What is most important about this very brief outline of the Catholic Church's law
regarding clergy sexual abuse is the mere fact that it exists. In practice, however, it has been
rarely utilized, a fact that has been repeatedly invoked by those who criticize the manner in
which these accusations have been handled by Church authorities.
46 To apply the revised canon correctly one can look to the similar canon in the 1917 Code. See Stanislaus
Woywood & Callistus Smith, A Practical Commentary on the Code of Canon Law: Vol. II 358 (Joseph F.
Wagner, Inc. 1952). Canon 1939 states, “If an offense is neither notorious nor altogether certain but has become
known through rumor and public report, or through denunciation, or from complaint for damages, or from general
inquiry instituted by the Ordinary, or from any other cause, a special investigation must be conducted to ascertain
whether and how far the incrimination is justified, before a person can be summoned to answer for his offense.” Id.
47 Coriden, supra note 34, 1024.
48 1983 Code c.1719. “The acts of the investigation, the decrees of the Ordinary by which the investigation was
opened and closed, and all those matters which preceded the investigation, are to be kept in the secret curial archive,
unless they are necessary for the penal process.” Id.
49 1983 Code c.1425, §1.
50 1983 Code c.1336, §5.
51 1983 Code c.290.
52 See Coriden, supra note 34, at 229-37.
53 1983 Code c.1723.
54 See Coriden, supra note 34, at 1025-27.
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