The Pope abolishes the pontifical
secret in cases of sexual abuse
Pope Francis is now making testimony collected in canonical
processes available to legal authorities.
Vatican News
Two documents are destined to make a lasting mark: Pope
Francis has abolished the pontifical secret in the case of sexual violence and
the abuse of minors committed by members of the clergy. He has also decided to
change the norm regarding the crime of child pornography by making the
possession and dissemination of pornographic images of children under the age
of 18 which fall under the category of delicta graviora – the
most grave delicts.
The first and most important document is a Rescript signed by the Cardinal Secretary of State,
Pietro Parolin. This Rescript communicates that, last 4 December, the Pope
decided to abolish the pontifical secret connected with reporting, trials and
decisions regarding the crimes listed in the first article of the recent Motu
Proprio Vos estis lux mundi, that is: cases of violence and sexual
acts committed under threat or abuse of authority; cases of the sexual abuse of
minors or vulnerable persons; cases of child pornography; cases regarding the
lack of reporting and the cover-up of the abusers on the part of bishops and
superiors general of religious institutes.
The new instruction specifies that such information be
“treated in such a way as to ensure its security, integrity and
confidentiality” established by the Code of Canon Law to protect the “good
name, image and privacy ” of those involved. But this “confidentiality”,
the instruction also states, does “not prevent the fulfilment of the
obligations laid down in all places by civil laws” including the possible
obligation to report, and “the execution of enforceable requests of civil
judicial authorities”. In addition, those reporting the crime, the victims and
witnesses “shall not be bound by any obligation of silence” regarding the
facts.
With the second Rescript, also signed by Cardinal Parolin as well as by the
Prefect for the Congregation for the Doctrine of the Faith, Cardinal Luis
Ladaria Ferrer, the modification of three articles of the Motu Proprio Sacramentorum
sanctitatis tutela (published in 2001 and modified in 2010) were made
known. It establishes that falling under the most grave delicts reserved for
judgment by the Congregation for the Doctrine of the Faith are “the
acquisition, possession or distribution by a cleric of pornographic images of
minors under the age of eighteen, for purposes of sexual gratification, by
whatever means or using whatever technology”. Up until now, the age limit had
been established at 14 years.
Finally, in another article of the same Rescript, it is now
permitted that, in cases regarding these more grave delicts, any member of the
lay faithful holding a doctorate in canon law can perform the role of “Advocate
or Procurator”, and no longer only priests.
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