Pope revises Church law, updates rules on sexual abuse

Photo: AP Pope Francis leads the prayer to mark the end of the month of worldwide prayers to stop the pandemic in the Vatican gardens Monday, 31 May 2021

Pope Francis on Tuesday issued the most extensive revision to Catholic Church law in four decades, insisting that bishops take action against clerics who abuse minors and vulnerable adults, commit fraud or attempt to ordain women.

The revision, which has been in the works since 2009, involves all of section six of the Church's Code of Canon Law, a seven-book code of about 1,750 articles. It replaced the code approved by Pope John Paul II in 1983 and will take effect on Dec. 8.

The revised section, involving about 90 articles concerning crime and punishment, incorporates many existing changes made to Church law by Francis and his predecessor Benedict XVI. It introduces new categories and clearer, more specific language in an attempt to give bishops less wiggle room.

The most significant changes are contained in two articles, 1395 and 1398, which aim to address major shortcomings in the church’s handling of sexual abuse. The law recognizes that adults, too, can be victimized by priests who abuse their authority, and said that laypeople in church offices can be punished for abusing minors as well as adults.

The Vatican also criminalized the “grooming” of minors or vulnerable adults by priests to compel them to engage in pornography. It’s the first time church law has officially recognized as criminal the method used by sexual predators to build relationships with their victims to then sexually exploit them.

The law also removes much of the discretion that had long allowed bishops and religious superiors to ignore or cover up abuse, making clear they can be held responsible for omissions and negligence in failing to properly investigate and sanction errant priests.

Ever since the 1983 code was issued, lawyers and bishops have complained it was completely inadequate to deal with the sexual abuse of minors, since it required time-consuming trials. Victims and their advocates, meanwhile, have argued it left too much discretion in the hands of bishops who had an interest in covering up for their priests.

The Vatican issued piecemeal changes over the years to address the problems and loopholes, most significantly requiring all cases to be sent to the Holy See for review and allowing for a more streamlined administrative process to defrock a priest if the evidence against him was overwhelming.

More recently, Francis passed new laws to punish bishops and religious superiors who failed to protect their flocks. The new criminal code incorporates those changes and goes beyond them.

According the new law, priests who engage in sexual acts with anyone - not just a minor or someone who lacks the use of reason - can be defrocked if they used “force, threats or abuse of his authority” to engage in sexual acts.

The law doesn’t explicitly define which adults are covered, saying only “one to whom the law recognizes equal protection.”

The Vatican has long considered any sexual relations between a priest and an adult as sinful but consensual, believing that adults are able to offer or refuse consent purely by the nature of their age. But amid the #MeToo movement and scandals of seminarians and nuns being sexually abused by their superiors, the Vatican has come to realize that adults can be victimized too if they are in a relationship with a power imbalance.

That dynamic was most clearly recognized in the scandal over ex-Cardinal Theodore McCarrick, the former archbishop of Washington. Even though the Vatican knew for years he slept with his seminarians, McCarrick was only put on trial after someone came forward saying he had abused him as a youth. Francis defrocked him in 2019.

In a novelty aimed at addressing sex crimes committed by laypeople who hold church offices, such as founders of lay religious movements or even church administrators, the new law says laypeople can be similarly punished if they abuse their authority to engage in sexual crimes.

Since these laypeople can’t be defrocked, penalties include losing their jobs, paying fines or being removed from their communities.

The need for such a provision was made clear in the scandal involving Luis Figari, the lay founder of the Peru-based conservative group Sodalitium Christianae Vitae, a conservative movement that has 20,000 members and chapters throughout South America and the U.S.

An independent investigation concluded he was a paranoid narcissist obsessed with sex and watching his underlings endure pain and humiliation. But the Vatican dithered for years on how to sanction him, ultimately deciding to remove him from Peru and isolate him from the community.

The new law takes effect on 8 December.

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