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

degree, they shall be suspended, declared infamous, deprived of
every office, benefice, dignity or position that they may hold, and
in more grievous cases, they shall be deposed.
If they have sinned against the sixth commandment in other ways,
they shall be corrected with appropriate penalties in proportion to
the gravity of their sin, even with deprivation of office or benefice,
especially if they have care of souls. 158
The official sources for the content of the canon also reveal references to the problem of clergy
sex abuse. Those listed for canon 1395 in the 1983 Code refer back to canon 2359. 159 The
sources for the older canon include references to medieval law and several papal documents
issued through the centuries. These form the basis for an examination of legal and theological
texts, which reveal the historical development of the church's treatment of clergy sexual abuse. 160
A clear understanding of medieval and pre-medieval terminology is essential to an
accurate appreciation of the historical context. Clergy sexual misconduct has involved male and
female victims, including underage and adult individuals. Yet the contemporary focus has
disproportionately been on underage male victims, while this was not the case throughout
history. Though early and medieval Church leaders were also concerned with clergy abuse that
was homosexual in nature, it was not to the exclusion of inappropriate or abusive behavior that
involved women. 161
The word “homosexual” did not exist, and is not found in any medieval or pre-medieval
158
Rev. Stanislaus Woywood, O.F.M., L.L.B., A Practical Commentary on the Code of Canon Law 550, Canon
2359 (1 st ed., Rev. Callistus Smith, D.F.M., J.C.L., tran., Joseph F. Wagner 1952). This canon, 2359, applies to
clerics in “major orders” meaning deacons, priests or bishops. The third paragraph refers to “care of souls” which is
a canonical term referring to ecclesiastical position with direct responsibility over lay people. Examples are pastor,
assistant pastor, and chaplain. Id.
159
Id.
160
See id.
161
Vern Bullogh, Sexual Variance in Society and History 358-60 (1980).
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