ON CASES OF SEXUAL ABUSE

IN PASTORAL ACTIVITY

Statement of Policy
& Procedures In Cases of
Sexual Abuse

Maltese Ecclesiastical Province

March 1999
 ON CASES OF SEXUAL ABUSE
IN PASTORAL ACTIVITY

CONTENTS

Preface.............................................................................................................................1

Introduction....................................................................................................................4

Basic Attitudes.....................................................................................................5

Guiding Principles................................................................................................5

Section I - Definitions

Sexual Abuse between Adults.............................................................................7

Child Sexual Abuse.............................................................................................7

Section II

Structures and Procedures Involving Cases of Child Sexual Abuse

A. Structures................................................................................................8

The Delegate............................................................................................8

The Response Team.................................................................................9

Public Relations.......................................................................................9

B. Procedures............................................................................................10

Mandatory Reporting.............................................................................10

Investigation into Allegations................................................................10

Section III

Sexual Abuse by Pastoral Functionaries not involving Minors...............................13

Abusive/Inappropriate Relationships.....................................................13

Measures................................................................................................14

Section IV

The Preventive Approach to Child Sexual Abuse by Pastoral Functionaries

A. Education for the Prevention of Child Sexual Abuse.......................15

B. Prevention Guidelines..........................................................................16

Assessment of Candidates for Ministry.................................................16

Detecting Early Warning Signals...........................................................17

Beyond Prevention.................................................................................17

Section V

The Church’s Pastoral Approach to Sexual Abuse..................................................18

Pastoral Care of the Victims of Sexual Abuse...........................................................19

Pastoral Care of the Abuser........................................................................................19

References.....................................................................................................................21
PREFACE

This document is the result of the work conducted by the INTERDIOCESAN

COMMISSION ON CASES OF SEXUAL ABUSE IN PASTORAL ACTIVITY
appointed by the Bishops of Malta and Gozo in collaboration with the Major Superiors’
Conference. The task of the commission was to get the best possible advice on how to
approach the issue of sexual abuse by pastoral functionaries, whether ordained or not, who
are involved in the pastoral activity of the Church, by submitting the respective policy and
guidelines.

The first meeting of this commission was held on February 4, 1997. After completing its
work the commission met with the Bishops’ Conference and the Major Superiors’
Conference in a joint session held on November 10, 1998. At the end of the session this
document was approved by all the members present. The tasks of the commission were:

1. To present a policy on how to deal with cases where there is an allegation or

accusation of sexual abuse of minors and adults, involving persons who exercise
pastoral ministry in the Church.

2. Such a policy intended to include priests, consecrated persons, members of

apostolic societies, and lay persons either employed by Church entities and
organisations, or engaged in voluntary pastoral activities.

3. The policy was to include procedures of investigation of an allegation or

accusation.

4. This document was to manifest the Church’s concern to provide help to victims, to
their families, to the perpetrators, and to the respective communities.

5. To manifest the Church’s commitment in taking preventive measures in assigning

pastoral functionaries to work with minors.

The members of the appointed interdiocesan commission were:

Rev. Charles Cordina Archbishop’s Delegate for the Clergy

Sr. Maria Farrugia, RGS Representing the Provincial Superiors

Dr. Ruth Farrugia, LL.D. Lawyer & Lecturer in Family Law

Rev. Paul Galea, M.S.Th., Lic.Psych, Ph.D. Psychologist

Bro. Saviour Gatt, FSC , B.Ed, M.P.S. Headmaster and counsellor

Rev. Mario Grech, J.U.L., J.C.D. Judicial Vicar for the Diocese of Gozo

Ms. Josephine Saliba Education Officer

Dr. Joseph Sammut, LL.D., Dip.Euro.Stud. Lawyer and MUSEUM member

Rev. Arthur G. Vella SJ Representing Provincial Superiors

In the course of its deliberations, the commission has taken into consideration various
policies on sexual abuse already adopted by Bishops’ Conferences in various countries.
 2

These reports were all published in very recent years. It is to be appreciated that the local
Church has taken up the matter in line with the rest of the Church.

Although this document deals solely with sexual abuse within the context of Church
ministry, the commission was aware of the need to combat abuse in all its forms and in
various settings, and hopes that similar initiatives be undertaken by other institutions.

The commission is grateful to the Director of the house for the clergy “Dar tal-Kleru”,
B’Kara, and the “Qaddejja tac-Cenaklu” who run the house, for their hospitality in lending
their premises for most of the meetings.

Finally, a word of thanks goes to the members of the commission both individually and
collectively. Their competence and commitment in producing this document were
outstanding. Although this has been a hard and emotionally charged task they managed to
make it an enriching experience.

It is hoped that this document will enlighten all members of the Church in dealing with
this extremely sensitive matter of sexual abuse in the pastoral activity.

Rev. Charles Cordina

Moderator
 3

INTRODUCTION
To the victims of abuse, and of sexual abuse in particular, who feel neglected and maybe
abused a second time by the sins of omission and a conspiracy of silence, the Church
pledges solidarity and support.

Sexual abuse can occur in relationships characterized by an unequal balance of power.

It also occurs in professional social services when social assistants sexually abuse those they
are supposed to help. When sexual abuse occurs in the context of the ministry of priests
and consecrated persons there is another dimension added, the dimension of the sacred.
Sexual misconduct within these ministerial relationships results in the breaking of sacred
trust.

The ministry of all pastoral functionaries in the Church should, among all service
professions, offer the greatest possible safety. It is to those involved in this ministry that
people turn with their deepest and most intimate problems. Abuse not only undermines
the basis of professional care and trust, but it also contradicts the evangelical inspiration
that is supposed to motivate the person involved in the Church’s pastoral ministry. When it
happens, it inflicts untold harm on the victim and it undermines the trust in the whole
Church.

Sometimes one has the impression that sexual abuse, and child sexual abuse in
particular, occurs today more than before. It is difficult to judge whether this is so. What is
sure is that it is less hidden. This is an important development because it provides the
victims with a greater opportunity for help and guidance and it leads to more preventive
action. Consequently, sexual abuse can be better studied and combated.

Mindful of Christ’s words about causing scandal (Mt 18:7 ff), the Church is committed
to deal with this evil wherever it occurs; to promote such values in society that would
protect all people from every kind of abuse; and to support good relationships between
people young and old.

This document deals with sexual abuse by a “pastoral functionary”. This term refers to
clergy (bishops, priests, deacons), consecrated persons and members of societies of
apostolic life. It also refers to adult lay people, duly appointed or commissioned to work in
the areas of pastoral activity, including catechesis and teaching, spiritual care and guidance.
For the purpose of this policy, this term includes also those employees or volunteers
engaged in all sorts of activities within Church institutions.

The procedures that are suggested in this document deal mostly with cases of child
sexual abuse by a pastoral functionary. However, sexual abuse involving adults will also be
treated in this document.
 4

Basic Attitudes

The policy adopted by the Church is inspired by two basic attitudes: compassion and
responsibility.

Compassion towards the victims of abuse, and those close to them, will be
demonstrated by the fact that the Church does care and will do everything possible to
respond to the situation. It will endeavour to care equally for all involved, the victims and
the accused. The Church must manifest the compassion of Christ.

Responsibility implies getting to the truth of a difficult situation, while firmly

maintaining the principle that a person is innocent until proven guilty. It also calls for a
search for appropriate remedies, various forms of response and, eventually, reconciliation
through the actions of the Church.

Both compassion and responsibility are facets of the Church’s love. How the Church
responds will be a determining factor in eliciting positive cooperation on the part of all
those involved in this painful situation.

Guiding Principles

A certain number of guiding principles underlie the Church’s policy and indicate the
spirit in which it has been moulded. The application of this policy calls for the maximum
reconciliation of the following three principles:

 Justice towards all who are implicated: victim to be healed; offender to be called to
accountability and reformed; and scandal to be repaired.

 Diligence in dealing with all cases in a prompt and thorough way.

 Respect for civil authorities and their proper jurisdiction in these matters.

These principles shall form the basis of the following:

1. In the case of child sexual abuse, the Church is committed to the Welfare Principle.
This implies that the first and highest priority must be given to protecting the child.
This means that in all proceedings it is the best interests of the child that are of primary
consideration when determining what action should be taken.

1.1 In accordance with the principles of Christian morality, every person in

possession of reliable information related to child sexual abuse by a pastoral
functionary is strongly encouraged to disclose such information to the
competent Church authority.

1.2 Considerable sensitivity is to be shown to the individual’s conscience as well as

to the person’s psychological condition especially when the one in possession of
such information happens to be the same victim of abuse.
 5

1.3 When such information is disclosed either within the Sacramental forum or in
confidence one should make a reasonable effort to encourage voluntary
reporting of such incidents to the appropriate Church authority.

1.4 Confidentiality outside the Sacramental forum is not an absolute value. It is a

moral imperative following from justice to disclose incidents of child sexual
abuse since the well being of others is at great risk. However, one needs to
exercise discretion and prudence in determining whether information obtained
in confidence in a formal setting should be disclosed.

2. All allegations of child sexual abuse should be taken seriously without prejudice
to the reputation of the accused.

3. The accused person is presumed innocent until proved otherwise. This

presumption of innocence should not, however, disregard a healthy need for
prudent investigation. Necessary measures must be taken in order to avoid all risk
of possible future abuse.

4. Reporting child sexual abuse is a very serious matter. A false accusation seriously
damages an innocent person. If necessary, canonical and /or civil action against
the person making the false accusation may be taken.

5. It may be that a young person or adult will make false accusations which may
indicate a profound psychological need. In this case, suitable help should be
suggested to this person, or to those responsible for the young person.

6. The rights of all the persons implicated in allegations of sexual abuse are to be
respected.
 6

SECTION I

Definitions

1. Sexual Abuse between Adults

By sexual abuse we mean any form of behaviour by the pastoral functionary that is
sexual by nature or connotation with a non consenting adult. Failure by such adult or adults
to reject such a behaviour does not necessarily imply consent.

However, when a pastoral functionary engages in sexual contact or sexualised

behaviour in a pastoral relationship, or in cases of an existing power imbalance, such
behaviour is considered to be always abusive whether with or without consent.

A pastoral functionary may also be responsible for abuse through acts of omission
when the abuse takes place within the domain of the functionary’s responsibilities.

2. Child Sexual Abuse

For the purpose of this policy, a child is a person under 18 years of age.

Child sexual abuse is the improper exposure of a child to sexual contact, activity or
behaviour.

Child sexual abuse occurs also in acts of omission as defined in the case of sexual abuse
between adults.
 7

SECTION II

Structures and Procedures Involving Cases of Child Sexual Abuse

A. Structures

THE DELEGATE

1. A person is to be appointed as delegate for the Bishops’ Conference and for the
Major Superiors’ Conference in responding to allegations of sexual abuse (cf.
can.1717.1). Any allegation of child sexual abuse by a pastoral functionary should be
referred to this delegate. It is preferable that the diocesan bishop himself will not
conduct the preliminary investigation. The bishop must be in a position to evaluate
the results objectively.

1.1 The delegate must be a person of mature pastoral judgement, prepared to

undergo appropriate professional training, and capable of coordinating a small
response team.

1.2 The delegate should not be the Judicial Vicar of the diocese. If a process of
canonical adjudication is later initiated, the person who carried out the
preliminary inquiry cannot act as judge in the judicial process.

1.3 The delegate should be empowered to act immediately with a view to

determining in a discreet and caring manner whether there are reasonable and
probable grounds to believe there was sexual abuse by a pastoral functionary.

1.4 The delegate must be aware of the available specialist agencies which offer
guidance and support for abused people and those involved and keep
informed of related developments.

1.5 In addition, the delegate will need to acquire knowledge of appropriate

organizations for treatment to which those who have been guilty of child sexual
abuse, and admit the need for reform, can be directed. If the abuser is a cleric,
it will be within the delegate’s faculties to take such action in consultation with
the bishop. If the accused is a consecrated person, or a cleric from another
diocese, the investigation is coordinated with the appropriate major superior or
bishop.

1.6 The delegate will be responsible to ensure that both the clergy and the
community be informed concerning the nature and severity of child sexual
abuse; and the method by which actual suspected cases can be referred to the
Church authorities and to agencies/public authorities which have investigative
powers.
 8

RESPONSE TEAM

2. There shall be a response team which is established by the Bishops’ Conference and
the Major Superiors’ Conference. The response team should make available to the
delegate resources of informed and appropriate professional skills and advice. The
team should be composed of not more than five persons.
2.1 In addition to the delegate (as chairperson), the response team should include a
canonist (who cannot be the Judicial Vicar), a civil lawyer and a professional
person experienced in the treatment of those who have suffered sexual abuse.
The membership of the response team should be as diversified as possible so
as to include persons of both sexes, parents, professionals or others with
experience well suited to deal with emotionally charged issues. Should the need
arise, specialists may be called upon to give their advice in any particular case.

2.2 The response team should follow the current basic policy regarding situations
of child sexual abuse as approved by the diocesan bishops and major
superiors. The team should also make recommendations from time to time to
update such policy as the need arises.

2.3 The response team should investigate all complaints. At the conclusion of its
investigation, the team should present its findings and recommendations tothe
bishop and the respective major superior.

2.4 The Response Team should recommend ongoing pastoral care and support,
and make appropriate referrals for spiritual and psychological counselling. This
support does not imply, at this stage, any admission regarding the guilt of the
accused.

PUBLIC RELATIONS

3. Communication is an important part of the responsibilities of the Church. It is essential

that the person responsible for communication has accurate knowledge of the situation
and is sensitive to the confidentiality to which people are entitled.

3.1 One competent person should be designated by the Bishops’ Conference and
the Major Superiors’ Conference as mandated spokesperson on behalf of the
Response Team, who will be responsible for answering questions concerning
child sexual abuse. This person should not be the delegate.

3.2 There will be openness and trust in relations with the media bearing in mind
the following principles:
 the right of the accused to a fair trial;
 and the right of the victims to maximum privacy.

3.3 Should the need arise to inform the respective community about a particular case,
the spokesperson should especially be prudent in providing such information.
 9

B. Procedures

MANDATORY REPORTING

It shall be incumbent on all those institutions which fall under this policy to report
immediately to the delegate all cases of child sexual abuse which happen within
their domain.

INVESTIGATION INTO ALLEGATIONS

1. Upon receiving a report or an allegation of child sexual abuse, the delegate shall
convene the response team to conduct together a preliminary inquiry into such
allegation.

1.1 The purpose of such an inquiry is to obtain information determining

whether or not there are reasonable or probable grounds to believe that
there has been a situation of child sexual abuse.

1.2 The delegate may designate any person or persons to carry out specific
duties in the course of the inquiry.

2. The delegate will establish a confidential file and will seek to compile in it as much
information as possible about the report or allegation. It is of utmost importance
that records of allegations, actions taken, relevant comments made and all evidence
be accurately kept. On conclusion of the case, the acts are to be kept in the secret
curial archives.

3. The delegate will ensure that submissions included in the acts of the preliminary
inquiry comply with the principles of canon law and do not violate the rights of the
accused.

4. The delegate will meet with the person making the report or allegation and others
who may have relevant information in order to obtain as clear and detailed
statement of the allegation as possible.

4.1 If the complainant is the alleged victim, the delegate will listen to the victim
and provide information about the next steps to be taken. At that stage, if
the complainant is a child, the delegate shall not take any report without the
parents’ authorisation.

4.2 If the complainant is not the victim, the delegate shall seek advice from the
complainant and the response team regarding the wisdom and prudence of
seeking to interview the victim.

4.3 No interview with a child victim shall be conducted without the express
written authority of, and in the presence of the child’s parent/s or tutor, or
 10

their legal representative. An interview with a child victim is to be

conducted by personnel who are skilled in interviewing children.

5. Before meeting with the accused, the delegate has to have sufficient information
to determine whether the allegation appears to be valid prima facie. In all cases,
the delegate shall inform the respective ecclesiastical authority of the meeting.

6. If from the compiled evidence it emerges that the allegation is frivolous or

completely unfounded, the inquiry will be terminated and the diocesan bishop will
be so informed. If the accused is a member of an institute of consecrated life, the
competent major superior shall also be informed. If in the meantime, the allegation
has become public, appropriate steps must be taken to repair damage done to the
reputation of the pastoral functionary. Steps may also be taken against the person
making the false accusation (see Guiding Principles n.5).

7. However, if after hearing those who are making the allegation, the delegate is of
the opinion that there is indeed reason to proceed further, the accused is to be
heard.

8. At this stage, the accused should be directed to have no contact, written, verbal or
otherwise with the alleged victim, family and friends of the victim. No gifts or
exchange of money are to be given or attempts made to silence the alleged victim.
All these basic requirements should be communicated in writing to the accused.

9. Considering the seriousness of these cases, the accused when called to be heard at
this stage of the preliminary inquiry, should be encouraged to engage the services of
a canonical and/or a civil advocate. This assistance will be at the expense of the
accused.

10. If the accused admits to the allegation, or following preliminary assessment and
consultation within the response team, there is reasonable belief that child sexual
abuse has or may have taken place:

10.1 This fact should be communicated immediately by the delegate to the relevant
bishop. In the case of members of institutes of consecrated life, it should be
communicated to the competent major superior. In the case of a lay person, to
the respective employer or immediate superior.

10.2 The delegate, or the person selected for this purpose by the delegate, shall,
meet with the parent/s or tutor to offer pastoral support and care to all those
involved and to the victim in particular. If the parents or tutor consent, the
delegate will refer the case to the available specialist agency. The delegate shall
keep a record of any agreement reached with the parents or tutor, and
eventually of any outstanding areas of disagreement.

11. If the accused does not admit to the allegation and sufficient grounds are present to
indicate the involvement of the pastoral functionary in the abuse, the delegate
anticipating the completion of the inquiry, shall advise the bishop or major superior
to remove the accused from a position of access to minors. Such a measure does
 11

not imply a judgment about the guilt or innocence of the person under
investigation.

11.1 In the case of an accused priest, deacon, or consecrated person, the

ecclesiastical authority shall impose temporary restrictions regarding ministry or
/ and residence as necessary.

11.2 In the case of an accused lay employee, the employer shall immediately place
the individual on temporary administrative leave.

11.3 In the case of an accused volunteer, the individual’s services shall be

temporarily discontinued.

12. Mindful that this preliminary inquiry is a difficult and trying time for all concerned,
particularly for the victim and the accused, the process shall be concluded as
quickly as possible.

13. When the preliminary inquiry is completed, the delegate shall provide a written
report with the recommendations of the response team to the ecclesiastical
authority. A member of the response team who disagrees with the conclusions
reached by the other members shall have the right to forward separate conclusions
to the ecclesiastical authority.

13.1 In the case of a lay pastoral functionary, the ecclesiastical authority shall
communicate its decisions to the respective employer or immediate superior.

14. In conformity with canon 1718, the Ordinary of the accused is to decide whether
or not an administrative or judicial process is to be initiated to impose a penalty.

15. In the eventuality of a historical case, that is, when the reported victim of child
sexual abuse is now an adult, even though such case is time-barred and no penal
action can be taken against the alleged perpetrator, the ecclesiastical authority is
morally bound to take prudent preventive measures for the benefit of both the
alleged offender and the community at large.
 12

SECTION III

Sexual Abuse by Pastoral Functionaries not Involving Minors

Pastoral functionaries have the ability to affect persons’ lives in ways that few others can.
Clergy and consecrated persons occupy a unique place in the lives of many people. The
common analogy of the clergyman to a shepherd and the parishioners to the flock
illustrates the imbalance of power and authority between the parties. These are viewed as
trusted members of society. Because of this power imbalance, the congregant may be
considered to be in a vulnerable position.

Several components of the unique relationship between clergy, or pastoral functionary

and the people they serve have the potential to lead to exploitation. Some of the more
important components include:

 Pastoral relationships without boundaries or with insufficiently clear ones

 The easy access to potential victims
 The vulnerability of the pastoral functionary
 The “Code of Silence and Secrecy” not to harm the church out of fear or guilt
 The lack of more structured supervision and of adequate consultative resources

Abusive/Inappropriate Relationships

1. Sexual contact or activity within a pastoral relationship creates a dual relationship

that is both a love relationship and a pastor-congregant relationship. Dual
relationships undercut any possibility of an effective pastoral relationship. Such a
relationship is based on the confidence that pastoral functionaries will not misuse
their knowledge and betray the trust reposed in them.

2. Pastoral functionaries are expected to behave in an exemplary way even in their

social life and activities. When social relationships become sexualised, even with
consent, they are to be considered inappropriate, unacceptable and possibly
scandalous

3. Sexual misconduct between a cleric, a consecrated person, or a member of a

society of apostolic life and a consenting adult, remains a serious offence according
to canon law (cf. can. 1395.1). Without consent, it is abusive. Because of the
existing power imbalance, sexual misconduct in a pastoral relationship is to be
considered always abusive, even with consent.
 13

Measures

1. If the offender is a cleric, a consecrated person, or a member of a society of

apostolic life, non-consensual sexual activity will be dealt with according to canon
law (cf. canons 1395.2; 695; 729; 746 ). If the abuse takes place in a pastoral setting
the case will be dealt with according to the directives or norms of the Maltese
Ecclesiastical Province.

2. If the offender is a layperson, the institution directly responsible for engaging the
services of this person will take the necessary steps in following the directives or
norms of the same institution and of the policy of the Maltese Ecclesiastical
Province.

3. The same procedures of the “Investigations into Allegations” (p.9) dealing with
child sexual abuse will be applied in the case of sexual abuse of the adults mutatis
mutandis.

4. If the victim insists that anonymity be safeguarded, the person first informed
about the sexual abuse will ensure that the case be reported to the delegate.

5. The distinction between abusive and inappropriate adult sexual relationship is

important in determining:

 the degree of guilt

 the kind of treatment to be recommended
 the subsequent reassignment of the offending pastoral functionary, and
 the eventual counselling that could be suggested to the adult victim.
 14

SECTION IV

The Preventive Approach To Child Sexual Abuse By Pastoral Functionaries

A. EDUCATION FOR THE PREVENTION OF CHILD SEXUAL ABUSE

1. The prevention of child sexual abuse is significantly influenced by the levels of

awareness and understanding of the issue among the community and among all
those who work with children.

2. The Church should positively seize the opportunity of increased awareness about
child sexual abuse to continue to promote and facilitate the adoption of healthy
attitudes towards an education in sexuality.

3. The ecclesiastical authorities have the responsibility to ensure that education

programmes be devised and implemented for all pastoral functionaries at all levels.
Seminars, workshops and similar initiatives that address the issue of child sexual
abuse, should form part of the ongoing formation and in-service training for all
pastoral functionaries.

4. The education programme of pastoral functionaries should include knowledge

about the issue of child sexual abuse including:

 the nature of child sexual abuse

 developments and research
 the effects on victims
 the behaviour patterns of the abuser
 the need of therapeutic help for victims, abusers and others affected
 the Church policy as well as civil and criminal laws
 issues concerning moral theology and professional ethics.

5. The Church should seek to cooperate with other agencies in providing education
for the general public on sexuality in general, and on child sexual abuse in
particular. Those responsible for adult religious education at diocesan level should
consider what they might contribute in this area through their programmes.

6. Church institutions should see that all the children put to their care be protected
from sexual abuse by pastoral functionaries or others, by seeing that all those who
are closely involved with children are well screened and trained through adequate
educational programmes. In line with this, all those who volunteer or apply to work
in such institutions should produce two references, one from their parish priest or
respective superior, and another from any other person who has personally known
them for a period of not less than two years.

7. There is an obligation on those who are responsible for children to protect

vulnerable young people from all kinds of abuse, including that coming from their
peers or from older children. Those responsible for Church schools, or for
 15

organizing activities for children and young adults will need to pay attention to the
supervisory responsibilities in the course of the temporary care of the children and
/ or young people.

8. Maturing children may well test the boundaries of their influence on adults, and
behaviour which is perceived as provocative may be a normal part of their growing
up. However, highly sexualised behaviour may be indicative of learned behaviour
acquired through earlier abuse. Those in charge of adolescents need to know how
to deal with such particular cases.

B. Prevention Guidelines

Apart from sensitive policies and good judgment, an adequate short-and-long-term

prevention process calls also for sensitive insights and proactive strategies. With wise
planning, more attention and resources could be devoted to developing procedures that
move priests and religious in particular, toward excellence in ministry. In such planning
one needs to take note of two groups: those on the verge of malfeasance; and those who
are functioning well without malfeasance but who are becoming more vulnerable as societal
pressure, particularly on the clergy role, increases.

Specific guidelines for prevention are becoming clear from research especially in the
case of the clergy. The Church Secretariat for the Clergy and for Members of Institutes of
Consecrated Life is to access such information and apply guidelines which are compatible
with our local social and church situation.

Assessment of Candidates for Ministry

The prevention guidelines presented above will not be adequate unless the Church
becomes more acquainted with issues of mental disorders and personality types that do not
fit pastoral expectations. Psychological testing of candidates for ministry and practising
clergy continues to be helpful.

1. The psychological evaluation of candidates before entering the priesthood or the

consecrated life should become an established practice. Psychologists and
psychiatrists doing this work should share the same Christian anthropological
considerations to guide them in their assessment of the personality on entering
vocation.

2. Candidates who manifest psychosexual immaturity or paraphilia, while

acknowledged for their generosity, should be firmly dissuaded from pursuing the
priestly or consecrated life.

3. Candidates who lack a positive evaluation or an adequate acceptance of their sexual

orientation should be monitored closely and given the required help to make a
more realistic assessment of their situation. They also need to come to a good level
of integration of their sexuality with their calling and examine how they can remain
chaste throughout their life.
 16

4. Other candidates who are sexually active should be advised to undergo a period of
continence and serious reflection before embarking on a priestly or consecrated
life. Their ability and willingness to live a chaste life should be seen in itself as a sign
of whether or not they are called to the celibate priesthood or to consecrated life.

Detecting Early Warning Signals

Along with testing, the Church needs a clear and enforced code of ethics to guide the
undisciplined or overdisciplined personality types. It needs a method of assessment
whereby early warning signals are taken seriously and reliable intervention, treatment and
other measures, such as those presented in this document, will be implemented. There are
identifiable early warning signals that should be checked, especially if these characteristics
appear in clusters.

Beyond Prevention

The discussion of guidelines for managing and preventing sexual malfeasance among
clergy and members of consecrated life, leads to considering larger dimensions of
prevention, namely the establishing of systemic strategies for development toward
excellence in ministry, and for the support of their lives and ministries. Such dimensions
include:

 The health of the personnel

 Their material and emotional needs
 A solid spiritual life
 Periodical vacations and the introduction of sabbaticals
 The practice of self-ministry
 The availability of professional counselling for personnel, when needed
 Encouraging the clergy to join peer groups
 Developing a code of ethics to regulate priests’ ministry and private life
 More effective teamwork between the Faculty of Theology, the Seminary and other
houses of formation
 Training priests to work in a “Treatment Team” along with other professions
 Introducing peer supervision groups for the clergy and those in ministry
 Encouraging and assisting priests to undergo annual spiritual retreats
 17

SECTION V

The Church’s Pastoral Approach to Sexual Abuse

Until recently, little research had been done on sexual abuse, incest, and the enduring
symptoms with which victims live. This has been coupled with a lack of awareness and
consequently, a lack of treatment for the victims of sex abuse and child molestation.

Even with the emergence of awareness and acknowledgment of this painful reality
survivors still suffer yet another trauma; it is called the “second injury”. This term is used to
describe the pain when no assistance comes from agencies or individuals to whom the
victim turns for help. Such pain results from the repeated lack of validation or assistance
from adults to whom the truth of abuse is confided.

Sexual abuse affects all the dimensions of a person’s life - relational, physical, social and
spiritual. The church community acknowledges such consequences and problems and is
committed to help these victims in all these dimensions. The local Church reiterates that in
cases of sexual abuse, and of child sexual abuse in particular, it is neither desirable nor
possible to suppress, deny, or ignore what has actually happened. In such cases positive
steps shall be taken to deal with the situation in its entirety.

At the same time, in dealing with such issues the Church cannot isolate itself from the
rest of society and from the contemporary world in which it lives. Such problems cannot be
addressed in a unilateral way. While the Church feels committed to cooperate with other
institutions in helping these victims, it cannot renounce to its prophetic mission in
denouncing the problem on a wider dimension as part of its pastoral activity. Such an
approach is based on the following realities:

1. That the existence of child sexual abuse, and other sexual abuses are not just
isolated cases involving a few individuals, but could be symptoms of an underlying
disorder within our wider society and our entire community of faith. If society is
obsessed by sex, we would want our community of believers to be different.

2. The possible lack of honesty and openness to sexual issues. This calls for a better
education and integration of one’s sexuality and for a less bigoted attitude by all.

3. Sexual deviant behaviours do not arise from a society, a community of faith, and
a family that have a healthy understanding of human sexuality. They spring from
a climate of repression and / or obsession.

4. Child sexual abuse and other sexually deviant behaviours are not only crimes
stemming from a perverse sexuality. They require another equally important
societal illness in order to thrive, which is equally powerful, equally unwanted, and
equally seen as unholy. This is human aggression. Child sexual abuse is also an
enormously hostile and violent act against a child.

5. Furthermore, one needs to take cognizance of the way aggression is portrayed, and
possibly, encouraged by the media. It is the family’s responsibility to educate in the
 18

way aggressive impulses are integrated with one’s personality. Parents and
educators also need to set an example how to be assertive in denouncing evil and
in correcting others without being aggressive themselves.

Pastoral Care of the Victims of Sexual Abuse

1. A compassionate response must be the first priority in all cases of sexual abuse.
Primary concern is to be shown for the needs of the victims whilst ensuring that
the response is fair and just to all parties. These attitudes must be present
throughout the inquiry.

2. The victims should be offered both psychological and spiritual assistance. The
whole Church community, on a parish and local level, is to see how to offer the
best support and protection to these victims of sexual abuse. Parishes, Church
institutions and other Christian groups are to reach out to these victims of abuse
and bring them out of isolation. They ought to become more sensitive to them and
to offer them the best conditions to be reconnected with society and with the
Church.

3. The abused person is also a member of several interrelating communities. These

include the peer group, the school, the family, the parish. It is essential that the
help offered to the abused persons take into account the current inter-relationships
of the survivors within such communities.

4. In cases of child sexual abuse, in line with article 10.2 of Section II B, reference
should be made to a functional specialized agency, such as the Social Welfare
Development Programme (SWDP), to undertake the appropriate social work
intervention with the child and its family.

5. In order to be better equipped to assist people to deal with issues of sexual abuse
in a pastoral context, the Church will establish a telephone helpline.

Pastoral Care of the Abuser

1. The Bishop’s delegate for the Clergy/Consecrated Life shall be near to the alleged
abuser to see to his/her needs, giving him/her all the necessary care and support.
Support should also, when appropriate, be offered to the family of the accused.

2. The Bishop’s delegate should seek to offer alternative and suitable ministerial
duties of a temporary nature to that priest/consecrated person accused of abuse to
ensure that situations that would expose the person to risk be avoided.

3. In those cases where it is necessary to remove the accused from his place of
residence, the Church should offer alternative accommodation where the Church
deems that it is required.
 19

4. The priest/consecrated person must be required to undertake an adequate

programme of psychotherapy and spiritual care. Where necessary, the Church
should provide the assistance to make this possible.

5. Before considering a resumption of permanent ministerial duties, full, reliable

and positive reports following therapy must be made available to the bishop/major
superior. An independent assessment by an appropriate professional or
professional group which evaluates progress and comments on the future
prognosis should accompany the reports.

6. The priest / consecrated person should be monitored in a programme of regular

counselling and supervision, and be committed to observe the recommendations
following the termination of the therapeutic programme.

7. The priest/consecrated person must be fully aware of the delicate, and possibly
hostile circumstances and be prepared to live with this situation, particularly by
maintaining a relatively low profile in the community.

8. Other mechanisms such as support groups and after-care programmes need to be

available in the diocese/community. A situation must be created in which isolation
is precluded. The support group should be educated to accept him/her in a
fraternal way.

9. The priest/consecrated person who has re-entered active ministry must accept the
disclosure of such condition to those in authority at the place of assignment.

10. Where it is considered inappropriate that a priest re-enter active ministry, a full
explanation of the situation must be given to the priest concerned, giving him the
opportunity to request to be laicised. The priest should be helped to understand
that refusal to take this opportunity would incur canonical procedures to remove
him from the clerical state.

11. In the case of a religious, where he/she has been removed from active ministry, the
major superior should offer him/her other possibilities for living a fruitful, if
monitored, religious life.

12. In the case of a lay pastoral functionary, articles 5, 6,7 and 9 also apply, mutatis
mutandis. The employer/immediate superior will endeavour to offer the lay person
moral support.
 20

REFERENCES

CANADIAN CONFERENCE OF CATHOLIC BISHOPS, From Pain to Hope:Report

of an ad hoc Committee on Child Sexual Abuse to the Canadian Conference of
Catholic Bishops, Ottawa 1992.

ARCHDIOCESE OF BALTIMORE , Statement of Policy and Procedures in Cases of

Child Sexual Abuse, Baltimore - Maryland 1993.

AA.VV., Child Abuse: Pastoral and Procedural Guidelines - Working Report to the
Catholic Bishops’ Conference of England and Wales, London 1994.

AA. VV., Child Sexual Abuse - A Working Report to the Bishop’s Conference of Scotland,
Scotland 1995.

NATIONAL CONFERENCE OF CATHOLIC BISHOPS USA., Canonical Delicts

involving Sexual Misconduct and Dismissal from the Clerical State, Washington DC
1995.

DIOCESE OF SALFORD, Child Abuse: Protecting our Children - A Guide for Priests,
Religious and Parish Workers, Salford 1995.

BISHOP’S COUNCIL OF THE DIOCESE OF ELY, Policy on Child Abuse, Ely 1995.

Support and Justice: After Sexual Abuse in a Pastoral Relationship - Procedure of the
Roman Catholic Church in the Netherlands, 1995.

AUSTRALIAN CATHOLIC BISHOPS’ CONFERENCE, Towards Healing - Principles

and Procedures in Responding to Complaints of Sexual Abuse against Personnel of
the Catholic Church in Australia, Hectorville 1996.

IRISH CATHOLIC BISHOPS’ ADVISORY BOARD, Child Sexual Abuse: Framework

for a Church Response, Dublin 1996.

Policy and Procedures of the Catholic Diocese of Harrisburg Regarding Sexual

Misconduct of Clergy, Harrisburg, Pennsylvania 1997.

ARCHDIOCESE OF TORONTO, Procedure for cases of alleged misconduct, Toronto

1991.

Books

AMERICAN PSYCHIATRIC ASSOCIATION. Diagnostic and Statistical Manual of

Mental Disorders: DSM IV . 4th ed. Washington DC 1994.

CORBY, B. , Child Abuse: Towards a Knowledge Base. Guildford, 1993.

FOX, T. C. , Sexuality And Catholicism, New York 1995.

 21

HEALY, E. , Moral Guidance, Chicago University Press 1960, pp. 241-246, 273-274.

MORRISON, T., EROOGA, M., & BECKETT, R.C. (Eds), Sexual Offending Against
Children: Assessment and Treatment of Male Abusers. London 1994.

REDIGER, G.L., Ministry and Sexuality. Minneapolis 1990.

ROSSETTI, S.J., Slayer of the Soul: Child Sexual Abuse and the Catholic Church.
Connecticut 1990.

STOLLER , R.J. , Perversion: An Erotic Form of Hatred. Cambridge 1976.

WICKS, R.J., Self-Ministry Through Self-Understanding. Chicago 1983.

Articles

GALEA, P., “Sexual Abuse by Professionals: Pastoral Abusers”. Unpublished Paper

prepared for the Interdiocesan Commission on Cases of Sexual Abuse in Pastoral
Activity, Malta 1997.

PROVOST, J.H., “Some Canonical Considerations Relative to Clerical Sexual

Misconduct”, in The Jurist, 52 (1992).

MORRISEY, F.G., “Procedures to be applied in cases of alleged sexual misconduct by a

priest” in Studia Canonica, 26 (1992), 39-73.
 22

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