Protocol on Dealing with Abuse of Children and Vulnerable Adults
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ST JOSEPH'S MISSIONARY SOCIETY
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CONTENTS
Introduction 3Chapter One: Background Considerations 4
1. The Abuse Crisis 4 2. The Response of the Church 4 3. The Response of the Society 5 4. Clarification of Terms 8
Chapter Two: General Principles 10
1. The Process of Civil Law 10
2. The Process of Canon Law 11Chapter Three: The Canonical Process and Related Issues 12
1. The Canonical Procedure 12 2. Subsequent Scenarios and Responses 15 3. Seal of Confession 16 4. Communication 17
Chapter Four: Pastoral Care 18
1. Helping the Victim 18 2. Helping the Alleged Perpetrators 18 3. Compensation 19
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INTRODUCTIONThe 17th General Chapter of the St. Joseph’s Missionary Society, meet
ing in Kuching, Malaysia from 18th May to 6th June 2010, affirms the
following guiding principles:• Each child shall be cherished and affirmed as a gift from God with an inherent right to dignity of life and bodily integrity which shall be nurtured and protected by all.
• Everyone in the Church has an obligation to ensure that the fundamental rights of children and vulnerable adults are respected.In consultation with a canon lawyer and with reference to guidelines produced by the Congregation for the Doctrine of the Faith, Episcopal conferences and Conferences of Religious, as well as drawing from the protocols of other missionary societies, we present the following protocol for dealing with allegations of abuse of children and vulnerable adults.
The essential operating aspects of this protocol are constructive collaboration with the judicial authorities of the State for the common good of society, in recognition of the truth and in order to provide help for the victims and reinforce preventive measures.
The Background Considerations (Chapter 1), the General Principles (Chapter 2), the Canonical Process and Related Issues (Chapter 3) and Pastoral Care (Chapter 4), as presented in this document, are an elaboration of the guiding principles and apply to all the members and associates of St. Joseph’s Missionary Society who strive to live and exemplify best practise for the safeguarding of children in the countries where they work.
Please note that for the sake of clarity, the language of the document refers only to temporary and perpetual members. However, this protocol will be applied to associates and employees insofar as it is appropriate.
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CHAPTER ONE: BACKGROUND CONSIDERATIONS1. The Abuse Crisis
Once considered a crisis principally of the English-speaking world, recent revelations in Germany, Austria, Switzerland and the Netherlands have shown us that it is a global phenomenon.
Apart from the obvious long term, horrific suffering of the victims, the crisis has badly damaged the Church’s public image, caused loss of con
fidence in the leadership of the Church, injured relationships between
bishops and priests and made it more difficult for good priests to carry
out their ministry. Huge financial settlements have brought many dio
ceses to the point of bankruptcy and beyond.Dealing with these cases is emotionally draining and deeply disturb
ing. They consume the time needed for consultation and reflection, and
though justice is its own reward, there is never a joyful outcome for those involved.
The response from most countries to the evil of child abuse has been wide and various. Our Society is able to profit from a number of already established policies, structures, and examples of good practice in these countries, in order to establish our own guidelines and procedures.2. The Response of the Church
The past conspiracies of silence and institutional collusion in the guise of protecting the Church’s reputation have been tragically counterproductive and we are left to harvest their bitter fruit.
Its antidote is to engage in constructive and open debate about these issues and provide opportunities for our members and associates to know and follow the guidelines for best ministerial practice with the ultimate aim of promoting a safe environment that guarantees protection to young people.
On 16th April 2008, Pope Benedict XVI told the bishops of the United States that “the sexual abuse of minors is a countersign to the Gospel
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of Life and is a cause of deep shame. As you strive to eliminate this evil wherever it occurs, you may be assured of the prayerful support of God’s people throughout the world”.In his letter to Irish Catholics on 20th March of this year, the Holy Father in an unprecedented manner acknowledges the grievous betrayal the victims have suffered and he tells them how sorry he is over what they have endured and noted the grave errors of judgment and the failure of leadership on the part of many.
A statement by the Catholic Bishops of England and Wales issued on 22nd April said, “We express our heartfelt apology and deep sorrow to those who have suffered abuse, those who have felt ignored, disbelieved or betrayed. We ask their pardon, and the pardon of God for these terrible deeds done in our midst. There can be no excuses.”
3. The Response of the Society
The Society which has members and associates working in many dioceses in twenty-one countries throughout the world, has been active in developing procedures and policies endorsed by a series of General Chapters.
The 14th General Chapter of 1994 produced a statement on the sexual abuse of minors and vulnerable adults. . It endorsed the acceptance, as an interim step, of the document “Child Abuse – Pastoral and Procedural Guidelines” issued by the Catholic Bishops of England and Wales (May 1994). The Chapter recommended that a copy of the document should be given to all levels of leadership throughout the Society.
From Chapter 1994 until Chapter 2000, a series of papers on differing aspects of sexuality, including one on “Abuse of Children“ were produced by the Renewal Coordinator and the General Council and distributed to all members and associates.
In the report to the Chapter 2000, the General Superior wrote, “The Recommendations on Sexual Abuse were followed and a paper on the topic by the Renewal Coordinator was published. The outgoing Council
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wish through this report to the General Chapter to appeal once again to all the Society’s missionaries to be aware of local guidelines on abuse in all its forms and to adhere strictly to them; we have seen how naivety and ignorance have led to misunderstandings and sufferings too. Openness, cooperation and understanding are necessary when allegations of abuse are being investigated and followed through by the Society’s leadership.”As a result of discussions in the Chapter, the following statement was given in the Chapter Documents, “It is now common practice for the caring professions to have codes of conduct. Some dioceses, congregations and societies already have such codes. The Chapter requests the General Council to consult MHMs and, following this, to prepare a Code of Conduct to be followed throughout the Society.”
The Society’s Code of Conduct was consequently produced in October 2003 and was distributed to all members and associates.
The 16th General Chapter of 2005 produced a further statement on sexual abuse which mandated the General Council to ask from all temporary, perpetual members and associates a signed declaration, stating that they have received, understood and accepted the Code of Conduct.
With regard to general awareness of all our professional responsibilities, the Code of Conduct has been signed by all our members, temporary and perpetual, and associates. Great efforts are being made during formation to help students develop a healthy awareness of their sexuality and the clear boundaries needed in relating and ministering to others.
The early identification of possible perpetrators is a strong concern of our formation staffs. Although extreme caution must be exercised in assessing students in this area of concern, signs of dysfunctional relationships, inability to form adult relationships and preoccupation with seeking the company of children may provide warnings.
In general, formation needs to provide possibilities and opportunities
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for healthy and appropriate psychosexual development based on accurate self-awareness and the development of relationship boundaries.In the wider context, ongoing formation for our members and associates on issues of friendship, intimacy, psychosexual development and religious chastity and celibacy will provide opportunities for us all to review our boundaries and commitments.
Our faith lays a great responsibility upon us as a Society, and specifically, on those in positions of authority, to deal with all cases of abuse with competency and transparency. We must always be seen to be acting in the best interests of the child.
Because of the particular relationship that binds a missionary, priest or Religious to the Faithful, sexual abuse perpetrated by them has very serious consequences. As spiritual guides enjoy a high degree of trust because they share in the ministry of Christ, victims are in a position of extreme vulnerability, more than in any other caring relationship. Sexual abuse attacks the victims at a very deep level of their being.
Pastoral considerations will be restricted or enhanced by the social, legal, and cultural differences in each country, and this makes a general, overall, and comprehensive set of guidelines very difficult to achieve. Nevertheless, a general healing and caring approach to any victims of abuse perpetrated by a member of our Society must be the norm.
The Paramountcy Principle states that in all decisions, the welfare of the child must remain the primary consideration. In the past, we have been inclined to be more concerned with the reputation of the missionary and the Church than the good of the child. As one of God’s creation and a member of the Church, each child is entitled to be the focus of special care within the Christian community. As a person, he or she is protected by human rights. As the most vulnerable members of the community, children need a safe environment and the special protection of society. As child abuse cases come into public discourse through the media, society becomes more aware of the devastating psychological lifelong damage of child abuse.
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Several commentators have noted that this storm over abuse may, in the end, help society as a whole to show greater concern for the protection and formation of children and adolescents. As missionaries working in some countries where such concerns are not expressed, we have a special role of seeking a determined, collective response to the abuse of the vulnerable, especially children “for it is to such as these that the kingdom of heaven belongs” (Mt 19:14).4. Clarification of Terms
1. Paedophilia is a complex and pathological disorder. Abuse of prepubescent children is called paedophilia, abuse of older children is called ephebophilia. Both are considered criminal offences under the law.
2. To be considered a paedophile a person will have acted on his sexual fantasies in some way. This need not entail actual physical contact with a child since it could involve viewing pornographic literature/ pictures, etc. In many countries viewing and/or downloading such material is a criminal offence in itself and rightly so since a child will have been abused in the production of such images. The viewing of so-called “virtual” images is also a criminal offence in some countries. The psychological understanding of this condition and, therefore, the law applied to it is developing and changing rapidly. The Society resolves to stay abreast of these developments and adjust its procedures accordingly. The age of criminal responsibility differs from country to country but according to canon law in this area it is eighteen. Similarly for canonical purposes a person is considered a minor until they reach their eighteenth birthday.
3. The distinction must be clear between having private fantasies which are never acted upon in any way and those which are actualised in one form or another. However, the existence of such fantasies should be a matter of grave concern whether acted upon or not. Only the acting out of these fantasies in some way makes them criminal. However, where children are in any danger, the Church must be seen to act in relation to its clergy, Religious, employees, or volunteers.
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4. The term “Abuse” refers to any harm, be it physical or mental that detracts from a child’s right to a full life. Abuse can be physical, sexual, emotional or by neglect, (e.g. depriving a child of the nourishment necessary for life).
5. The term “Child”, according to the Convention on the Rights of the Child 1989 (No.1) a person under 18 is considered a child, but in some countries this standard is not yet legal practice.
6. The term “Vulnerable Adult”, according to the UK Department of Health and Home Office (2000), is "a person of any age who is or may be in need of community care services by reason of mental or other disability, age or illness; and/or who is or may be unable to take care of him for herself, or unable to protect himself or herself against significant harm or exploitation".
7. The term “Rumour” refers to general gossip among people.
8. The term “Allegation” refers to a report that a crime has been committed but for which, as yet, the evidence does not exist to substantiate the claim.
9. The term “Accusation” refers to the fact that some evidence that a crime has been committed has been reported.
10. Whether it is rumour, allegation, or accusation, all three must always be taken seriously and reported to the relevant Society authorities.
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CHAPTER TWO: GENERAL PRINCIPLES
The General Superior and his Council have overall responsibility in all cases of allegations of abuse against children and adults. In the judicial processes, they need to maintain an independent and neutral stance, so that justice can be seen to be done.
A distinction has been made between the Civil Process which is carried out by Government agencies and the Canonical Process which is carried out by the Church.
The General Superior and his Council will ensure that the leadership and members in each country will cooperate with the civil authorities.
Civil legislation may be lacking in some countries where allegations may arise. Civil law requirements of the country of origin of the perpetrator will be complied with and when necessary the canonical process will be applied in the interests of safeguarding children and vulnerable adults.
1. The Process of Civil Law
1. The Society leadership in each Region and area will acquaint themselves with the civil legislation regarding all forms of abuse and with the guidelines, if any, drawn up by the local Church in dealing with allegations.
2. Members and associates will report allegations of abuse to the designated person in the Region or area or directly to the General Superior. If the matter is reported to the designated person, he will immediately report it to the General Superior. If the General Superior is informed directly, he will convey the information to the designated person.
3. The designated person will report the allegation, whether recent or historic, to the relevant statutory bodies in the country where the offence is alleged to have taken place and, if different, to the statutory bodies of the country where the alleged perpetrator is living and/or originates from. The designated person will co-operate fully with any investigation initiated by the statutory bodies. He or the leadership team will not initiate any investigation.
4. The designated person in each Region and area will follow the
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Guidelines in operation in the country: he will inform and receive advice from the Safeguarding Office or Ombudsman's Office in place in the country. He will also inform the local Ordinary of the allegation.
5. The designated person will follow the agreed procedures of offering help to the alleged victim(s) and the alleged perpetrator. He will also await instructions from the General Superior on the first steps of the canonical process.
6. The first steps of the canonical process will usually run parallel to the civil process, but the civil process takes precedence in the investigation of the alleged offence.
2. The Process of Canon Law
1. In the case of the abuse of a child or vulnerable adult by a member, the General Superior with his Council has overall responsibility for the canonical process. They need to maintain a neutral and independent stance, so that justice can be seen to be done.
2. Any allegation directed against one of our members or associates is forwarded without delay to the General Superior and his Council. Rumour, allegation and accusation are always taken seriously.
3. The protection of children and vulnerable adults is of paramount concern and all is done to provide them with the help and care they may need. Long-term care and restorative action involving compensatory payments are negotiated following the conclusion of the investigative process.
4. Anyone who is proved to have sexually abused a minor (that is, according to the Holy See and the Convention on the Rights of the Child 1989, someone who is under 18), if not reduced to the lay state and dismissed, will only be allowed to practice his priestly ministry in private form and will remain under strict supervision. Every effort will be made to prevent him from re-offending especially through the use of a Covenant of Care.
5. Every effort will be made to conduct this protocol in a spirit of transparency and openness, though always respecting the right to confidentiality of both alleged victim and alleged perpetrator.
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CHAPTER THREE: THE CANONICAL PROCESS AND RELATED ISSUES1. The Canonical Procedure
Any member of the Society who hears an allegation against another member of abuse of a child or vulnerable adult is duty bound to report this to the General Superior and his Council, either directly or through the designated person or the local leadership. This information should be treated sensitively and in confidence in order to protect tbc reputations of all concerned. To do nothing is not an option.
If the General Superior having heard his Council decides that the allegation has substance and credibility, in consultation with the Society’s canon lawyer throughout the process, the General Superior takes the following steps:
1. He instructs the Society’s civil lawyer to ensure that the relevant statutory body is informed and that there is full cooperation in any enquiry that may be conducted by them.
2. Having heard the General Council, the General Superior issues a decree establishing a preliminary investigation. Always subject to the civil process and usually after it has been completed, under the guidance of the General Superior and his Council and in consultation with local leadership, evidence is collected from all concerned and forwarded to them following normal legal procedural guidelines. Nothing must be done that would either interfere with or compromise the civil investigation.
3. All allegations should be written down by the person(s) concerned or by a reliable third party, detailing dates and names of persons involved at the time. All statements must be signed, dated and witnessed. Those reporting should be informed that they may be called upon as witnesses in a future enquiry.
4. He informs the alleged perpetrator of the accusation, and where prudent protects the identity of the alleged victim(s) for the time being.
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5. The alleged perpetrator is invited to voluntarily withdraw from public ministry until the conclusion of the investigation. This is not an admission of guilt but a normal precautionary procedure. He makes sure that the member is removed from the situation where the alleged crime took place and the alleged victim lives. He also ensures that the member remains at the disposal of the legal authorities.
6. He recommends a member of the Society as advisor or helper to the accused. This advisor sees to the needs of the accused and provides spiritual accompaniment during this difficult period. The alleged perpetrator is made welcome in a Mill Hill community subject to appropriate restrictions.
7. He offers the member concerned the opportunity to obtain civil and canonical advice at the expense of the Society, as well as any form of professional counselling that he may require.
8. He informs the bishop in whose diocese the member is residing.
9. He asks the Society’s civil lawyer to inform any relevant Trustee bodies and Charity Commission, where applicable.
10. The General Superior will prepare a press statement giving assurances that all the Society desires is that openness and objectivity will be a priority in the handling of the case and guaranteeing full cooperation with the relevant statutory authorities.
11. At the end of the investigation the General Superior and his Council make recommendations which may involve recourse to the Holy See.With regard to grave offences against the Sixth Commandment with a minor these are governed by the provisions of the motu proprio, Sacramentorum Sanctitatis Tutela [SST] of 30th April 2001 and the explanatory letter of the Congregation for the Doctrine of the Faith (CDF), De Delictis Gravioribus [DDG] of 18th May 2001. Competence for these offences is reserved to the CDF unless otherwise delegated. In respect of vulnerable adults Canon 695 §1 states that a member must be dismissed for offences cited in Canon 1395 §2. However, the canon does go on to give the superior some discretion as to whether dismissal is entirely necessary given that "sufficient provision can be made for the
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amendment of the member, the restoration of justice and the reparation of scandal”. (Can. 695 §2)In other cases the General Superior and his Council may suspend the alleged perpetrator who has the right to appeal against this decree to the Holy See.
Canon 695
§1 A member must be dismissed for offences mentioned in canons 1397, 1398 and 1395, unless, for the offences mentioned in canon 1395 §2, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal.§2 In these cases the major Superior is to collect the evidence concerning the facts and the imputability of the offence. The accusation and the evidence are then to be presented to the member, who shall be given the opportunity for defence. All the acts, signed by the major Superior and the notary, are to be forwarded, together with the written and signed replies of the member, to the supreme Moderator.
Canon 1395
§2 A cleric who has offended in other ways against the sixth commandment of the Decalogue, if the crime was committed by force, or by threats, or in public, or with a minor under the age of sixteen years, is to be punished with just penalties, not excluding dismissal from the clerical state if the case so warrants.
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2. Subsequent Scenarios and ResponsesVarious scenarios can arise after a member has been accused and each requires the following responses.
Scenario 1:
A guilty verdict at trial has been passed by a civil court and the accused has accepted it.Response:
The perpetrator will serve his sentence.
The Society will keep contact with him during this time.
The General Council will decide whether or not to dismiss him from the Society and/or request the Holy See for dismissal from the clerical state.
If he has been dismissed from the Society, the General Council will as
sist him to find his way into a new mode of life.Scenario 2:The accused does not accept the verdict of the civil court and wishes to appeal.
Response:
The accused member is free to make an appeal, but the provisions, as stated above, would still apply.Scenario 3:
The accused has been exonerated by the civil court.Response:
In some cases, whilst there has been no criminal offence, there may be evidence of a disciplinary offence which now needs to be addressed in the canonical forum in accordance with the penal process of the Code of Canon Law, SST and DDG.. It may also be necessary for the General Council to require the accused to undertake a risk assessment. This must be carried out by a suitable and competent professional.From the results of the canonical process, the assessment, and taking into account any other admissible evidence, the General Council will
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decide upon a suitable course of action.This may result in asking the Member to sign a Covenant of Care that will obligate him to a situation where any potential risk to children and vulnerable adults is minimised; the Church, Society and the local community are thereby involved in a form of monitoring of his behaviour
Scenario 4:
The accused has admitted his guilt without a court case.Response:
If there has been admission of guilt, but the Statutory Authorities have decided not to prosecute, the canonical process mentioned above should be initiated.Scenario 5:
The accused was falsely accused.Response:
Persons, who have been falsely accused, though innocent, can often suffer great stress from such accusations and the consequent publicity, or personal questioning which goes on afterwards. It is imperative that in such cases every effort should be made to restore his good name by both the Society and the bishop of the diocese where he was working, even by legal means, if the member so wishes. Therapeutic treatment should be offered, if it is found necessary.3. The Seal of Confession
The Society upholds the absolute confidentiality of the Sacrament of Reconciliation, allowing for no exceptions.
The confessor, in the case of the perpetrator of abuse, should do all in his power to persuade the penitent to speak of his crime outside confession to some appropriate authority.
If the penitent is referring only to fantasies, then he should be encouraged to seek appropriate therapeutic treatment.
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In the event of a child or young person disclosing in confession that they have been abused, the confessor should assure the person that he or she is not at fault. He should encourage the child or young person to disclose the abuse to an adult he or she trusts, (e.g. a relative, teacher, or friend), and have that person report the abuse.Spiritual accompaniment does not have the same sacramental or canonical weight as the Sacrament of Reconciliation. If the person is revealing his crime for the first time, thought needs to be given to the child or children who are still in danger. As in the case of psychotherapy or counselling, a psychotherapist or counsellor must inform the Statutory Authorities of such a crime. The spiritual counsellor should inform his counselee that he will report this incident himself to the Statutory Authorities.
4. Communication
Questions from the media should be dealt with solely by the General Superior or by a spokesman appointed by him.
A statement always expresses compassion for the alleged victim and his or her family; is limited to what is absolutely necessary and avoids saying anything that might interfere with the ongoing enquiry; talks about the “alleged” perpetrator, and the “alleged” victim; and makes assurances that all the Society desires is that openness and objectivity will be a priority in the handling of the case, and that full cooperation will be given to the legal authorities.
At the discretion of the General Superior, members and associates directly involved or affected by the allegations and subsequent events are kept informed of the reasons for employing this procedure, always maintaining respect for the privacy of the alleged perpetrator.
The General Superior keeps all records and documents relating to any cases of abuse in a highly confidential file. It should never be destroyed before the death of the member concerned and kept longer if circumstances and the law of the country require it.
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CHAPTER FOUR: PASTORAL CARE 1. Helping the VictimTo protect the alleged victim from further trauma, the alleged perpetrator should be promptly distanced from the alleged victim. As soon as possible, the General Superior ensures he steps aside from all ministry until the matter has been resolved either by the statutory authorities and/or Church authorities.
An independent, trustworthy, and possibly professional person can assess the support needs of the alleged victim and his or her family. It has to be discerned if and what kind of therapeutic treatment is necessary and also where such treatment is available and for how long. These support needs, including the pastoral and legal dimensions, will be discussed and approved by the General Council.
What has to be considered in regard to the support needs of the alleged victim and his/her family are the scope of the Society’s responsibilities in regard to supporting victims of abuse by its members, within the context of the country’s laws and social practices, and the best way to offer support.
Many cultures practise traditional forms of healing social crime and bringing about reconciliation. It may be considered whether such traditions could bring healing to the victim and the family.
2. Helping the Alleged Perpetrator
With regard to the accused, the General Council will see that someone is appointed to act as his advisor. This advisor will see to the support needs of the accused. He will also ensure, if the accused is sent to prison, that he is visited and given adequate human and spiritual support. (See p.9, #6 & #7)
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3. CompensationIt is important for the victim and the perpetrator to hear that the Society publicly recognises the wrongdoing of an action. No amount of money can repair the harm done.
The purpose of any financial compensation is to make up at least symbolically for the harm done to the victim and to restore a sense of integrity and well being to the child or vulnerable adult. In respect of any reasonable compensation claims canon law should yield to the civil law.
There is a need to clarify with legal experts how to handle the responsibility of the guilty member and how to handle claims for financial compensation. The guilty member is primarily responsible and this needs to be clearly understood.
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