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Lawyers eye former pope's blueprint to shield clergy
Boston Herald.com ^ | Wednesday, July 30, 2003 | Robin Washington

Posted on 07/31/2003 8:21:16 PM PDT by Land of the Irish

A Latin document bearing the seal of Pope John XXIII outlined a 1962 Vatican procedure for shielding sexually abusive priests, two lawyers for plaintiffs in cases against the church maintain.

The ``Crimine Solicitationis,'' translated as ``Instructions on proceeding in cases of solicitation,'' states abuse cases are subject to the ``papal secret'' and threatens excommunication against victims who do not come forward within 30 days, according to the document given to authorities by Carmen Durso of Boston and Daniel J. Shea of Houston.

On Monday, Durso presented an English translation to U.S. Attorney Michael Sullivan.

``We gave it to the U.S. Attorney because we wanted him to understand what we mean when we say this has been an ongoing conspiracy,'' he said.

Added Shea, ``It's an instruction manual for a rigged trial for a priest accused of sexual crimes, including crimes against children.''

The document, which Shea said he had been trying to uncover for more than a year and recently received from canon lawyer the Rev. Thomas Doyle, allows victims one month to make their claim known to the supervising bishop.

``The penitent must denounce the accused priest . . . within a month to the (bishop) . . . and the confessor must, burdened seriously in conscience, warn the penitent of this duty,'' the document states.

``The confessor is the accused priest,'' Shea said.

``They're giving the priest the responsibility to tell his victim that the victim has to turn the priest in to the bishop within 30 days. If not, the victim is automatically excommunicated,'' he said, citing another passage.

A Boston Archdiocese spokesman could not be reached for comment and the Herald could not verify yesterday if the document was indeed genuine.

But both lawyers said they believed the Latin original to be authentic.


TOPICS: Apologetics; Catholic; Religion & Culture; Religion & Politics
KEYWORDS: catch22; catholiclist; popejohnxxiii; sexabuse
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``The confessor is the accused priest,'' Shea said.

``They're giving the priest the responsibility to tell his victim that the victim has to turn the priest in to the bishop within 30 days. If not, the victim is automatically excommunicated,''

1 posted on 07/31/2003 8:21:16 PM PDT by Land of the Irish
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To: Alberta's Child; Aloysius; AniGrrl; Bellarmine; Dajjal; Canticle_of_Deborah; Domestic Church; ...
I've heard of Catch-22. Is this Catch-666?
2 posted on 07/31/2003 8:24:39 PM PDT by Land of the Irish
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To: Land of the Irish; GatorGirl; maryz; *Catholic_list; afraidfortherepublic; Antoninus; Aquinasfan; ..
The article is a tad confusing, but Rome does not look good here.
3 posted on 07/31/2003 8:30:48 PM PDT by narses ("The do-it-yourself Mass is ended. Go in peace" Francis Carindal Arinze of Nigeria)
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To: Land of the Irish
More proof that satan is the foundation of this nefarious institution?
4 posted on 07/31/2003 8:46:03 PM PDT by PFKEY
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To: narses; NYer; Chancellor Palpatine; ninenot; BlackElk
``They're giving the priest the responsibility to tell his victim that the victim has to turn the priest in to the bishop within 30 days. If not, the victim is automatically excommunicated,'' he said, citing another passage.

Further evidence that the cover-up of sexual abuse goes back before Vatican II. It's a shame that this is John XXIII devising this kind of hideous practice.

Can you imagine, excommunicating a victim because they don't come forward with a claim of sexual abuse by a priest within 30 days?

If this is true, popes and bishops have much to answer for.

How many precious souls have been condemned to suffering in this life because of the callousness of popes and bishops?

One turns one's eyes away from such coldness.

Millstones, aplenty.

5 posted on 07/31/2003 8:51:56 PM PDT by sinkspur ("Boy, watch that knife!'" Rev. Capt. Samuel Johnston Clayton in "The Searchers")
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To: PFKEY
More proof that satan is the foundation of this nefarious institution?

Nope. It's the One, True Church. It has it's enemies both within and without.

6 posted on 07/31/2003 8:52:30 PM PDT by Land of the Irish
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To: PFKEY
More proof that satan is the foundation of this nefarious institution?

No. Satan is not the foundation. But selfishness and the need to preserve appearances overwhelmed papal and episcopal hearts, to the detriment of little people, the abused children, who were ignored, condemned, and thrown away.

Christ was not in these people, in these actions.

The Church deserves the condemnations it is receiving.

Vatican II was not the cause of abuse, but merely a catalyst for more of the same.

7 posted on 07/31/2003 8:56:43 PM PDT by sinkspur ("Boy, watch that knife!'" Rev. Capt. Samuel Johnston Clayton in "The Searchers")
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To: Land of the Irish
There is something about this in the new canon law, but it only applies to penitents confessing under the 6th and 9th commandments and within the sacrament of confession. If the penitent believes the priest was out of line, he is to seek out another confessor and follow his counsel on whether or not to report to the bishop.

Outside the boundaries of sacramental confession, I don't know if canon law specifically addresses the situation or not.

Somewhere else canon law specifies that if you have been involved in a sexual indiscretion with a priest, that priest cannot absolve you; you must seek out another confessor.

The situation in the article doesn't seem to fall within the purview of either of these canons, so it is not impossible that appropriate directives be issued from on high. If subject directive is genuine, the wrong person is subject to excommunication imo, although it would serve as a protection against false denunciation which would be very serious.

8 posted on 07/31/2003 8:59:48 PM PDT by Aliska
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To: sinkspur
Further evidence that the cover-up of sexual abuse goes back before Vatican II. It's a shame that this is John XXIII devising this kind of hideous practice.

Excuse me, but John XXIII, who devised "this kind of hideous practice" is the one who convened VC II.

By their fruits, you shall know them.

You're 0 for 2 tonight.

9 posted on 07/31/2003 9:00:00 PM PDT by Land of the Irish
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To: Land of the Irish; sinkspur
The reason for my rather harsh wording is the claim that the Pope is the vicar of Christ.

I do not in any manner see how this could be truth.
10 posted on 07/31/2003 9:02:48 PM PDT by PFKEY
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To: Land of the Irish
Excuse me, but John XXIII, who devised "this kind of hideous practice" is the one who convened VC II.

If you think this "practice" is a novelty with John XXIII, you're truly dense.

Sexual abuse was rampant under Pius XII, and, likely under prior popes, but victims were treated just as shabbily.

Clerical abuse of children is the sin in the Church that dare not speak its name.

11 posted on 07/31/2003 9:03:35 PM PDT by sinkspur ("Boy, watch that knife!'" Rev. Capt. Samuel Johnston Clayton in "The Searchers")
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To: Land of the Irish
How many things don't add up here?

"``The penitent must denounce the accused priest . . . within a month to the (bishop) . . . and the confessor must, burdened seriously in conscience, warn the penitent of this duty,'' the document states.

``The confessor is the accused priest,'' Shea said."

Says who? Where does the text say that the confessor is the accused priest? For that matter, where is the text?

"Added Shea, ``It's an instruction manual for a rigged trial for a priest accused of sexual crimes, including crimes against children.'' "

Evidence in the text? It directs sanctions against victims who refuse to help bring down the abusing priests. How is that a rigged trial in favor of sexual predators?

Someone's anti-Catholicism is showing. You want to pillory the bishops, go right ahead. There are plenty who deserve it. But this doesn't cut it.



12 posted on 07/31/2003 9:04:16 PM PDT by jmc159 (Never seen a bluer sky.../ I can feel it reaching out and moving closer...)
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To: sinkspur
"Can you imagine, excommunicating a victim because they don't come forward with a claim of sexual abuse by a priest within 30 days?"

Yes, I can. MANY rapists, in and out of the Church, get away with their crimes because the victims are afraid to face them. Thereby more people are victimized as the first ones to suffer slough off their responsibilities to others and hide. If this had been enforced then the crisis would have been rooted out years ago. It acts AGAINST the corrutpion by FORCING people to speak out or face consequences for complicity by silence.
13 posted on 07/31/2003 9:06:26 PM PDT by jmc159 (Never seen a bluer sky.../ I can feel it reaching out and moving closer...)
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To: PFKEY
I do not in any manner see how this could be truth.

Popes are human beings, and products of their culture.

Is it possible that men like Pius X, now a saint, knew of clerical abuse and did nothing? Absolutely, but he was simply ignorant of the hideousness of the act and its effect on the victims.

But, that was a different time, when the Church crushed common people under the burden of anathemas that, today, make no sense and have no applicability.

It also exalted clerics to positions of pre-eminence that they did not deserve, and should not have had, given that they were to be followers of Him who had nowhere to lay His Head.

Understand, my Church has much to answer for. But, men are fallible, which is why we fix our eyes on the Christ who pulls every man to grow outside of himself, to get out of his comfort zone, to become Christ himself.

The Church is being put through fire because it deserves it.

Christ, however, is constant, and His Word that He will be with His Church is reassuring.

14 posted on 07/31/2003 9:11:55 PM PDT by sinkspur ("Boy, watch that knife!'" Rev. Capt. Samuel Johnston Clayton in "The Searchers")
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To: sinkspur
Can you quote Pius XII's, and prior popes', instructions on how to dance around sexual crimes?

Just because abuses occurred during reigns of prior popes, doesn't mean those popes gave "hideoous (your word, not mine) " instructions such as "Blessed" John XXIII did.

15 posted on 07/31/2003 9:12:36 PM PDT by Land of the Irish
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To: PFKEY
The reason for my rather harsh wording is the claim that the Pope is the vicar of Christ.

It's not a claim, it's a fact. Get over it.

16 posted on 07/31/2003 9:15:37 PM PDT by Land of the Irish
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To: sinkspur
Sinkspur, You are to be commended. It is rare to find a person of your caliber.
17 posted on 07/31/2003 9:16:49 PM PDT by PFKEY
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To: jmc159
If this had been enforced then the crisis would have been rooted out years ago. It acts AGAINST the corrutpion by FORCING people to speak out or face consequences for complicity by silence.

So, a 15 year old kid, scared to death and really not comprehending of what's happening to him because "Father" is someone he trusts and likes, is going to be put out of the Church because he doesn't come forward with an accusation that, in the pre-Vatican II Church, nobody would have believed anyway? Not even his parents?

I don't think you've really thought this through. Rape victims sometimes take YEARS to come forward, because of the shame and the FACT that they feel they will not be believed.

If the Church's radar on moral issues is as clouded as it was on this issue, no wonder most Catholics have gone their own way in deciding sexual morality for themselves.

This kind of callousness is inexcusable.

18 posted on 07/31/2003 9:18:00 PM PDT by sinkspur ("Boy, watch that knife!'" Rev. Capt. Samuel Johnston Clayton in "The Searchers")
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To: Land of the Irish
It's not a claim, it's a fact.

We all believe as we will.

19 posted on 07/31/2003 9:18:25 PM PDT by PFKEY
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To: Land of the Irish
Can you quote Pius XII's, and prior popes', instructions on how to dance around sexual crimes?

They were too smart to codify it.

But, if you doubt they were less condemnatory, you're delusional.

After all, who would have believed that "Father" would abuse a child?

20 posted on 07/31/2003 9:20:02 PM PDT by sinkspur ("Boy, watch that knife!'" Rev. Capt. Samuel Johnston Clayton in "The Searchers")
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