https://www.churchmilitant.com/news/article/pope-francis-ends-papal-secrecy-for-sex-abuse-and-child-porn

Canon law no longer an excuse for protecting predator priests

by Jules Gomes • ChurchMilitant.com • December 18, 2019

VATICAN (ChurchMilitant.com) - Pope Francis has abolished "pontifical secrecy" in cases of clerical sex abuse after mounting criticism that the canonical statute imposing the highest degree of confidentiality was being used to protect pedophiles, silence victims and obstruct law enforcement.

Any reporting, testimony and documents related to sex abuse of minors in Vatican and diocesan archives can now be handed over to legal authorities in their respective countries.

The pontiff's rescript on the "Instruction on the Confidentiality of Legal Proceedings" published Tuesday, Francis' 83rd birthday, is being hailed as a "historic" modification to canon law, noted Andrea Tornielli, editorial director of the Vatican's Dicastery for Communications.

"This is a sign of openness, transparency, and the willingness to collaborate with the civil authorities," Tornielli explained, as "the well-being of children and young people must always come before any protection of a secret, even the 'pontifical' secret."

Calling it "an epochal decision that removes obstacles and impediments," the archbishop of Malta, Charles Scicluna, adjunct Secretary of the Congregation for the Doctrine of the Faith, said that "the question of transparency was now being implemented at the highest level."

"This means that no Church authority can cite henceforth the pontifical secret as a basis for withholding information or documents to civil authorities, which the law until now could be invoked by a bishop as stipulating," an expert in canon law told Church Militant. "Now, it is crystal clear."

Moreover, according to the canon law expert, the pontifical secret will no longer bind those who denounce crimes of sexual abuse, mandatory reporters who forward allegations, alleged victims and any witnesses to the facts alleged. Nor will it apply to the subject matter of sexual abuse of minors or child pornography as canonical crimes reserved to the Congregation for the Doctrine of the Faith for prosecution.

"However, this does not mean that those holding sensitive material can make it public, which in addition to being immoral, would undermine the right to the good reputation of persons protected by canon law," he added, quoting the number two of the Pontifical Council for Legislative Texts, Bp. Juan Ignacio Arrieta, observing that the new measure also underlines the requirement for a bishop to "guarantee" protection of the good reputation of the accused during the canonical preliminary penal investigation and any eventual canonical criminal prosecution.

Theologically, the papal rescript and instruction emphasizes "the primacy of the human person offended in his or her dignity, even more so for reasons of weakness due to age or natural incapacity" as well as "the pursuit of justice and the protection of those involved, including those who can be unjustly affected by accusations that turn out to be unfounded."

Francis has also amended the 31-article document Normae de Gravioribus Delictis ("On more serious crimes"), raising from 14 to 18 the cut-off age below which the Vatican considers pornographic images to be child pornography.

Richard Scorer, who has represented hundreds of abuse survivors in Britain, and has been pushing for the Vatican to disclose files on abusive priests, told Church Militant he would "urge caution" since "the Vatican has repeatedly failed to cooperate with the national abuse inquiry in England, preferring to hide behind diplomatic immunity."

He remarked:

The Vatican under Pope Francis has a history of warm words on tackling clerical sex abuse but practical action has been lacking. Under the new language mandatory reporting to civil authorities is still not required but is simply a "possible" obligation if local civil law requires it. I welcome change, but it has to be backed up by meaningful practical steps; talk is cheap.

The rescript does not affect the seal of confession, which is completely different from the pontifical secret, which covers documentation and testimony.

The pontiff's mandate also permits lay Catholics holding a doctorate in canon law to perform the role of advocate or procurator in cases regarding grave delicts — a role previously restricted to priests with doctorates.

In May, Church Militant reported the possibility of a diplomatic stand-off between the Holy See and Britain after the Independent Inquiry into Child Sexual Abuse (IICSA) reprimanded the apostolic nuncio, Abp. Edward J. Adams, for refusing to cooperate with the inquiry.