Vos estis lux mundi - CathNews New Zealand https://cathnews.co.nz Catholic News New Zealand Thu, 12 Oct 2023 08:24:32 +0000 en-NZ hourly 1 https://wordpress.org/?v=6.7.1 https://cathnews.co.nz/wp-content/uploads/2020/05/cropped-cathnewsfavicon-32x32.jpg Vos estis lux mundi - CathNews New Zealand https://cathnews.co.nz 32 32 70145804 Focolare Movement report highlights decades of sexual abuse https://cathnews.co.nz/2023/07/20/focolare-movement-report-highlights-decades-of-sexual-abuse/ Thu, 20 Jul 2023 06:08:05 +0000 https://cathnews.co.nz/?p=161465 Focolare Movement

In March this year, the Focolare Movement released its first internal report on cases of sexual abuse of minors and vulnerable adults within its ranks, highlighting decades of abuse. Focolare, founded in 1943, is one of the largest lay organisations in the Catholic Church, with representation in 194 countries and boasting over 2 million people Read more

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In March this year, the Focolare Movement released its first internal report on cases of sexual abuse of minors and vulnerable adults within its ranks, highlighting decades of abuse.

Focolare, founded in 1943, is one of the largest lay organisations in the Catholic Church, with representation in 194 countries and boasting over 2 million people involved in its work worldwide.

Focolare members live in the community, can be married, and take vows of chastity, poverty and obedience.

The report sheds light on accounts of abuse reported to the movement's Commission for the Welfare and Safeguarding of Members from 2014 to 2022. It reveals a troubling history of abuse spanning from 1969 to 2012.

According to the findings, 66 members of the global Focolare movement were accused of abusing 42 minors, with 29 of the victims aged between 14 and 18 and with 13 under the age of 14.

Additionally, 17 vulnerable adults also fell victim to abuse at the hands of Focolare members during this period.

This report comes one year after an independent investigation exposed the abuse committed by a former French consecrated member of the movement, Jean-Michel Merlin, who had abused at least 37 boys from the 1960s until 2016 when he was dismissed.

Approach might shield offenders

The report has received criticism for its limitations.

While it provides numerical data on abuse cases, it refrains from naming the abusers, specifying the locations and dates of the abuse incidents or disclosing the sources of the allegations.

Some have raised concerns that this approach might shield the perpetrators, hinder accountability and deny the victims justice.

Christophe Renaudin, the first to formally accuse Jean-Michel Merlin of abuse in 1994, expressed scepticism about the report's impact.

Renaudin told NCR the report was "a smoke and mirrors operation to give the impression that something is being done, but the reality is that the movement couldn't care less about the victims," stating that it might create an impression of action being taken while neglecting the needs of the victims.

The Focolare movement's response to this criticism emphasised their aim to protect the privacy of everyone involved.

However, questions have been raised about whose privacy and rights are prioritised - the victims or the alleged abusers.

The report also reveals that the abuse within the movement was not limited to sexual abuse but extended to include emotional, spiritual and financial abuse.

The offenders were often figures in positions of power, making it difficult for victims to come forward and seek justice.

The release of this internal report comes shortly after Pope Francis made the motu proprio Vos Estis Lux Mundi permanent, which outlines procedures for handling abuse cases within the Vatican and applies to Vatican-approved lay associations like Focolare.

Sources

National Catholic Reporter

UCA News

 

 

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Pope introduces new law - the moment of reparation https://cathnews.co.nz/2023/05/08/pope-introduces-new-law-this-is-the-moment-of-reparation/ Mon, 08 May 2023 06:05:39 +0000 https://cathnews.co.nz/?p=158580

Making reparation to clergy sex abuse survivors is critical, Pope Francis told the Pontifical Commission for the Protection of Minors on Friday. "The sexual abuse of minors by clergy and its poor handling by Church leaders has been one of the greatest challenges for the Church in our time. "Now is the time to repair Read more

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Making reparation to clergy sex abuse survivors is critical, Pope Francis told the Pontifical Commission for the Protection of Minors on Friday.

"The sexual abuse of minors by clergy and its poor handling by Church leaders has been one of the greatest challenges for the Church in our time.

"Now is the time to repair the damage done to previous generations and to those who continue to suffer."

It also undermines the Church's ability "to fully embrace and bear witness to God's liberating presence."

This "has sullied our witness to God's love," he said.

The new law

To address the Church's failure to act properly, Francis confirmed the decree "Vos Estis Lux Mundi" is now a universal law of the Catholic Church.

Among other things, it requires every diocese to "set aside places for receiving accusations and caring for those who report that they have been harmed.

"No one today can honestly claim to be unaffected by the reality of sexual abuse in the church," Francis told the Commission.

Three reparation principles

Francis asked the Commission to bear in mind three principles and to "consider them as part of a spirituality of reparation."

First: Keep in mind God's creative power

"Where harm was done ... we are called to keep in mind God's creative power to make hope emerge from despair and life from death. The terrible sense of loss ... as a result of abuse can sometimes seem a burden too heavy to bear.

"Church leaders who share a sense of shame for their failure to act, have suffered a loss of credibility, and our very ability to preach the Gospel has been damaged.

"Persevere and keep moving forward!"

Second: Heal the broken

"Our lives are not meant to remain divided. What is broken must not stay broken."

Abuse survivors have told him being "heard and believed" helped restore their sense of hope.

He asked the Commission to "help put pieces back together, in the hope that what is broken can be repaired."

Third: Mirror God

Francis encouraged the Commission "to cultivate an approach that mirrors the respect and kindness of God himself.

"Be gentle in your actions, bearing one another's burdens (cf. Gal 6:1-2), without complaining, but considering that this moment of reparation for the Church will give way to a further moment in the history of salvation."

Respect for everyone's dignity, for right conduct and a sound way of life must become a universal rule, independent of people's culture, economic and social condition, Francis said.

"All the Church's ministers must respect this rule in the way they serve the faithful, and they in turn must be treated with respect and dignity by those who lead the community.

"A culture of safeguarding will take root only if there is a pastoral conversion in this regard among the Church's leaders."

Addressing inequality

Francis encouraged the Commission's "plans for addressing inequalities within the Church through training and assistance to victims in Africa, Asia and Latin America.

"In these, the Church must seek to be a model of acceptance and good practice," he said.

Source

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Francis' final abuse norms: key questions remain https://cathnews.co.nz/2023/03/30/final-abuse-norms/ Thu, 30 Mar 2023 05:11:23 +0000 https://cathnews.co.nz/?p=157226

Pope Francis has issued definitive rules for handling abuse complaints in a final version of the 2019 document, Vos Estis Lux Mundi. The definitive rules of Vos Estis, which take effect in May, add to the original document on several specific points: Along with complaints of abuse by clerics and religious, the policies are also Read more

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Pope Francis has issued definitive rules for handling abuse complaints in a final version of the 2019 document, Vos Estis Lux Mundi.

The definitive rules of Vos Estis, which take effect in May, add to the original document on several specific points:

  • Along with complaints of abuse by clerics and religious, the policies are also applied to complaints against lay people who lead "international associations of the faithful" that are recognized by the Vatican. The procedures could be invoked even after these leaders have left office.
  • The complaints to be investigated include not only sexual acts with minors, but also those with vulnerable adults. Whereas the earlier version spoke of a "vulnerable person," the new rules speak of "a person who habitually has an imperfect use of reason, or with a vulnerable adult."
  • Church investigators are not allowed to require someone who reports abuse to enter into a non-disclosure agreement. In the final version of Vos Estis, this protection is extended not only to people who report that they were abused, but also to witnesses.
  • The final version demands "the legitimate protection of the good name and privacy of all persons involved."

The Vos Estis norms require ever diocese to have a "public, stable, and easily accessible" process for the reporting of abuse complaints, and provide for the handling of complaints against bishops as well as priests.

Questions remain

However, the revised norms leave a number of crucial questions unanswered. For instance:

  • While lay leaders of Catholic organizations may be subject to canonical penalties, it is not clear how those penalties could be imposed (except insofar as they could be stripped of office), since the Holy See has no direct control over the lives of lay Catholics.
  • The definition of a "vulnerable" adult remains open to a broad range of interpretations.
  • The order to protect the reputation of everyone involved is obviously in tension with the requirement to conduct public investigations and encourage full disclosure.

To put the problem in more general terms, the definitive version of Vos Estis fails to resolve the basic problem with the original document: the enforcement of the norms remains entirely subject to the discretion of the bishops who interpret them.

Yet it is precisely the discretion of the bishops that has been called into question in recent years; the lay faithful have lost confidence in the willingness of their bishops—and even of the Holy See—to address the abuse scandal forthrightly.

Revelations about clerical abuse and cover-ups continue to emerge, despite promises of full disclosure, despite new policies and procedures.

Nearly three years ago, when the first version of Vos Estis was promulgated, I expressed these misgivings:

However, the new policy does not define the disciplinary action that would be taken against bishops who are found guilty of misconduct (including, under the new rules, the misconduct involved in covering up abuse).

The new policies require an investigation, conducted under the auspices of the Holy See, with a report eventually being made to the relevant Vatican dicastery. But the papal document does not indicate what sort of punishments might be imposed on offenders.

Nor do the new norms address the lack of transparency that has characterized—and could continue to characterize—the Vatican's investigations of episcopal misconduct.

While the papal document requires the Vatican to investigate charges and take appropriate action, there is no provision for any public explanation of the disciplinary action.

On those crucial points, the final version of Vos Estis changes nothing.

  • Philip F. Lawler is the editor of Catholic World News (CWN), the first English-language Catholic news service operating on the internet, which he founded in 1995.
  • First published by Catholic Culture. Republished with permission.
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Pope Francis extends ‘Vos estis' decree to counter lay and clerical abuse https://cathnews.co.nz/2023/03/27/pope-francis-extends-vos-estis-decree-to-counter-both-lay-and-clerical-abuse/ Mon, 27 Mar 2023 04:50:42 +0000 https://cathnews.co.nz/?p=157038 Pope Francis permanently decreed an updated version of Vos estis lux mundi, his landmark legislation to counter sexual abuse in the Catholic Church. The decree promulgated March 25 extends the Church's norms for handling of abuse to cover lay leaders of international associations of the faithful recognized by the Vatican. Vos estis lux mundi ("You Read more

Pope Francis extends ‘Vos estis' decree to counter lay and clerical abuse... Read more]]>
Pope Francis permanently decreed an updated version of Vos estis lux mundi, his landmark legislation to counter sexual abuse in the Catholic Church.

The decree promulgated March 25 extends the Church's norms for handling of abuse to cover lay leaders of international associations of the faithful recognized by the Vatican.

Vos estis lux mundi ("You are the light of the world") reaffirms an obligation to report cases of "vulnerable adult" victims of abuse, including violence against religious women by clerics and cases of harassment of adult seminarians or novices by a superior.

It also includes protections for people who witness acts of abuse, in addition to those who submit reports of alleged abuse, stipulating that no "obligation of silence" may be imposed on those who report, witness, or are victims of abuse.

Read More

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Pope's key clergy abuse reform 'not working' https://cathnews.co.nz/2023/03/06/zollner-pope-vos-estis-clergy-abuse-reform/ Mon, 06 Mar 2023 05:00:12 +0000 https://cathnews.co.nz/?p=156255 abuse reform

The pope's key clergy abuse reform effort is not working, says a papal consultant. Jesuit Fr Hans Zollner made the admission last Thursday to a group of clergy survivors of sexual abuse. Speaking in an online session, Zollner was asked if there is recourse for those who feel their cases have not been properly handled. Read more

Pope's key clergy abuse reform ‘not working'... Read more]]>
The pope's key clergy abuse reform effort is not working, says a papal consultant.

Jesuit Fr Hans Zollner made the admission last Thursday to a group of clergy survivors of sexual abuse.

Speaking in an online session, Zollner was asked if there is recourse for those who feel their cases have not been properly handled.

There are several avenues for an appeal if survivors feel that their bishop or diocese has improperly handled their case, Zollner replied.

There are theoretically various routes in Vos estis lux mundi (a sweeping set of abuse reform laws issued by Francis in 2019), he said.

"I can also tell you that very often I realize that it's not working," he added.

He encouraged survivors in those situations to "document everything".

He also agreed Vos estis was not being applied consistently or transparently. In Poland, ten bishops have been "basically dismissed" but that has not happened everywhere.

He admits too, the lack of transparency is often "connected to something that I would describe as complicity in just trying to preserve the good name of one particular person".

At the same time, he said such reasoning is irrational.

"By doing so, you harm much more the reputation of the person and much more the reputation of the institution," Zollner said.

Another aspect of Vos estis which Zollner criticised is its unhelpfully broad definition of a "vulnerable person" who could be at risk of abuse.

It defines a "vulnerable person" as "any person in a state of infirmity, physical or mental deficiency, or deprivation of personal liberty which, in fact, even occasionally, limits their ability to understand or to want or otherwise resist" an abuse.

He said that survivors can lack support in the US because of the country's litigious culture.

For many in the Church "the most important priority" is attending to "the advice of lawyers". This in turn prevents Church representatives from sitting down and listening to survivors because they think they are exposing themselves to risk.

Zollner also suggested periodic change in the leadership of religious communities or dioceses could prevent abuse.

"If you have a bishop who is 25 years in the same diocese," many things may become so "habitual" and "unconsciously accepted".

In these cases "the danger of becoming abusive" grows "exponentially year after year".

He urged the Church to make supporting survivors a primary priority.

"Today, it is our mission to listen to survivors and that means investment of space, personnel, formation."

Hans Zollner SJ is a newly-appointed consultant to the Diocese of Rome's office dedicated to safeguarding minors and vulnerable people.

"I am committed to listening to survivors and to promoting education and formation in the field of safeguarding, and look forward to continuing to do so in this new role," he wrote on 3 March, the day his appointment was announced.

"It is my hope that this new endeavour with the Diocese of Rome, as well as my continuing role as director of the Institute of Anthropology, will further the mission of making the world a safer place for children and vulnerable persons."

Source

Pope's key clergy abuse reform ‘not working']]>
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Church opens canonical investigation into Bishop Saunders https://cathnews.co.nz/2022/09/29/church-opens-canonical-investigation-into-bishop-saunders/ Thu, 29 Sep 2022 07:06:04 +0000 https://cathnews.co.nz/?p=152328 canonical investigation into Bishop Saunders

The Holy See has initiated a canonical investigation into sexual misconduct allegations against former Broome Bishop Christopher Saunders. In a rare statement released on Saturday night, the Australian Catholic Bishops Conference said a Vos Estis Lux Mundi investigation was underway. "The Holy See has initiated a canonical investigation into former Broome Bishop Christopher Saunders, with Read more

Church opens canonical investigation into Bishop Saunders... Read more]]>
The Holy See has initiated a canonical investigation into sexual misconduct allegations against former Broome Bishop Christopher Saunders.

In a rare statement released on Saturday night, the Australian Catholic Bishops Conference said a Vos Estis Lux Mundi investigation was underway.

"The Holy See has initiated a canonical investigation into former Broome Bishop Christopher Saunders, with Archbishop Mark Coleridge of Brisbane appointed to oversee the investigation," the statement said.

It is believed to be the first time a Vos Estis Lux Mundi inquiry has been conducted in Australia.

The accountability protocol was introduced by Pope Francis in 2019 and guides the response to allegations made against senior clerics such as bishops.

Bishop Saunders stood aside as Bishop of Broome in March 2020 after media reports that Western Australia Police had begun investigating allegations of sexual misconduct.

At the conclusion of its investigation, Western Australia Police confirmed that no charges would be brought against Bishop Saunders.

Saunders has always strongly denied the allegations. However, he tendered his resignation to Pope Francis, which was accepted in August 2021.

This weekend, a letter being read at Masses in the Diocese of Broome says the Church investigation "could not happen" until the police inquiries ended. The letter is signed by Apostolic Administrator Bishop Michael Morrisey and Archbishop Coleridge,

"The investigation is now underway," the letter states. But it indicates it is not known how long the investigation will take.

However, the Vatican's Dicastery for the Doctrine of the Faith "has granted an extension beyond the normal three months for such an investigation", the letter explains.

Archbishop Coleridge has appointed a group of qualified persons to conduct the investigation.

"Their job will be to gather, as best they can, all relevant information to pursue truth and justice for everyone involved," Coleridge stated.

The archbishop also issued a decree stipulating that Bishop Saunders is to reside outside the Diocese of Broome "for the duration of the investigation".

Sources

ABC

The Catholic Leader

CathNews New Zealand

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Vatican's 'Vos estis' records protected argues archdiocese https://cathnews.co.nz/2022/09/15/new-york-archdiocese-argues-vatican-compiled-sex-abuse-records-are-protected/ Thu, 15 Sep 2022 08:06:35 +0000 https://cathnews.co.nz/?p=151848 sex abuse records are protected

The Archdiocese of New York has argued that records compiled under 'Vos estis lux mundi,' a Vatican-ordered sexual abuse investigation of a retired bishop are protected by the First Amendment. In 2019, Albany Bishop Howard Hubbard, along with two other priests was accused of sexually abusing a female in the late 1970s when she was Read more

Vatican's ‘Vos estis' records protected argues archdiocese... Read more]]>
The Archdiocese of New York has argued that records compiled under 'Vos estis lux mundi,' a Vatican-ordered sexual abuse investigation of a retired bishop are protected by the First Amendment.

In 2019, Albany Bishop Howard Hubbard, along with two other priests was accused of sexually abusing a female in the late 1970s when she was a teenager.

JoAnn Harri, a lawyer for the plaintiff, attempted to subpoena archdiocesan records of the Vos estis investigation into Hubbard.

The case raises questions about the confidentiality of the Vos estis lux mundi process, promulgated by Pope Francis in 2019 as a mechanism for investigating allegations of abuse or misconduct against bishops.

New York's Cardinal Timothy Dolan (pictured with Hubbard) was directed in early 2021 to investigate multiple claims against Hubbard. Dolan admitted last year that he transferred several priests to new parish ministries without contacting police, after they were accused of sexual abuse.

In a court filing last month, the archdiocese said it had already turned over some records, and that "the Vos estis investigation is part of an exclusively canonical process related to the Catholic Church's right to select its ministers, which process is privileged from disclosure.

"The Archdiocese possesses First Amendment protection of its religious processes undertaken pursuant to Catholic law," the filing argued, and "religious leaders of an organised religion should not be forced to disclose their internal judicial processes, the ultimate goal of which is to determine whether a cleric may remain in ministry.

"Civil courts must refrain from adjudicating a plaintiff's claim if the court would unconstitutionally impede the church's authority to manage its own affairs," the archdiocese added.

Harri told The Pillar last week that her client's request is reasonable and important.

"In every case involving a priest, we have been able to get their personnel and disciplinary files if they are a named perpetrator. But here you have a situation where you have a victim of not just a priest, but a bishop, and all of the sudden, she's not entitled to that."

"So, if the First Amendment would preclude those disciplinary files from being released — and of course they'd redact the names of victims — but if it would preclude that, then that would mean that a victim of a bishop has less rights to discovery than the victim of a parish priest."

Harri told The Pillar (Catholic News) that she's unsure whether a ruling in her lawsuit would affect other states where Vos estis investigations are taking place.

"I don't know what impact it would have…presumably, it could have an impact on dioceses across the country, but a lot depends on state-by-state laws too. So, we'll have to see how the court handles this."

But while Harri was cautious about too much speculation, the archdiocese was direct about its belief that a ruling to hand over records would have far-reaching effects.

"The chilling and pernicious effect of disrupting internal Church governance and invading the administration of Church law is undeniable," an archdiocesan filing claimed.

"The Court should deny the motion to compel as violative of the Archdiocese's rights pursuant to the First Amendment of the United States Constitution and Article 1 of the New York State Constitution and well-settled federal and state law."

Sources

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Vos Estis Lux Mundi is not working https://cathnews.co.nz/2022/06/13/vos-estis-lux-mundi-is-not-working/ Mon, 13 Jun 2022 08:11:23 +0000 https://cathnews.co.nz/?p=147935 Vos Estis Lux Mundi

Anne Barrett Doyle of the group BishopAccountability.org recently wrote a thoughtful article on how Pope Francis' major law to hold bishops and religious superiors accountable for abuse they commit or cover up, Vos Estis Lux Mundi ("You Are the Light of the World"), is not working. That article caused me to reflect on the long-standing, Read more

Vos Estis Lux Mundi is not working... Read more]]>
Anne Barrett Doyle of the group BishopAccountability.org recently wrote a thoughtful article on how Pope Francis' major law to hold bishops and religious superiors accountable for abuse they commit or cover up, Vos Estis Lux Mundi ("You Are the Light of the World"), is not working.

That article caused me to reflect on the long-standing, unsuccessful efforts in the Archdiocese of St Paul and Minneapolis to hold its former archbishop, John Nienstedt, accountable for alleged personal sexual misconduct and a failed cover-up involving abuse by another priest under his supervision.

These efforts have both pre-dated and post-dated Vos Estis, which went into effect on June 1, 2019, so it is with much disappointment that nothing has been resolved to hold Nienstedt accountable.

It represents a real-life example of why Vos Estis is not working and needs serious reform.

I first wrote about the need for the church to complete a full and fair investigation of matters concerning Nienstedt and now-disgraced former cardinal Theodore McCarrick in January 2019.

I noted then that some progress had just been made regarding Nienstedt.

Archbishop Bernard Hebda had called for a "lay-led mechanism" for investigating allegations against bishops and had clarified that Nienstedt "would not be free to exercise public ministry" in the archdiocese until all open allegations against him had been resolved.

But no public disclosures of prior investigations of Nienstedt occurred, and no one apparently was called upon to further investigate Nienstedt's alleged misconduct.

This changed six months later.

Soon after the Vos Estis protocol became effective, Tom Johnson, the court-appointed ombudsman for clerical sexual abuse in the Archdiocese of St. Paul and Minneapolis, took direct action.

On July 17, 2019, Johnson, a highly regarded attorney, submitted a detailed complaint requesting an investigation pursuant to the new Vos Estis process.

The complaint alleged that Nienstedt had interfered with a serious child sexual abuse criminal investigation and that Nienstedt had initiated sexual acts involving minors as a bishop, specific details of which later became public.

Johnson's complaint was reviewed by Hebda, who determined the allegations were not "manifestly unfounded," the standard required for an initial review.

Johnson's complaint was then forwarded to an unknown archbishop or bishop and then silence ensued.

Despite the fact that Vos Estis requires a determination to investigate a complaint be made within 30 days of its receipt, Johnson heard nothing from any church official over the next six months.

Johnson had no recourse but to go public about the lack of any church response to his formal complaint. Johnson contacted two reporters and expressed his deep disappointment in the lack of any action.

Church leaders remained silent.

On June 8, 2020, Johnson passed away following a long battle with cancer.

That same month, the Archdiocese of St. Paul and Minneapolis announced that Victoria Newcome Johnson, Tom's spouse and a former prosecutor, would succeed Tom as the court-appointed ombudsperson for the archdiocese.

Six more months passed with no Vatican response to Tom Johnson's complaint, not even an acknowledgement of the complaint's receipt.

In late November 2020, Victoria Newcome Johnson wrote to several church leaders in her capacity as the archdiocese's ombudsperson for clerical sexual abuse.

Based on the information she has shared with me, she emphasized the need for church officials to take action regarding Tom Johnson's complaint regarding Nienstedt.

Several officials acknowledged receipt of her letter.

Although she never heard any details, Newcome Johnson later learned that a Vos Estis investigation of Nienstedt reportedly had been undertaken by an unknown archbishop or bishop whose identity never has been revealed.

As for the faithful, the silence continued.

In May 2021, NCR highlighted the known Vos Estis investigations occurring throughout the United States, including one involving Bishop Michael Hoeppner of Crookston, Minnesota, for allegedly covering up abuse by one of his priests.

NCR reported that in April 2021 Francis accepted the resignation of Hoeppner, "making him the first U.S. bishop to effectively lose his job as a result of a Vos Estis investigation."

The investigation of Hoeppner had been conducted and reviewed by seasoned lay investigators and overseen by Hebda.

It had been conducted from start to finish in 15 months, with the preliminary investigation being completed in about two months.

In short, the Hoeppner case is one example of how the Vos Estis procedures could provide some actual accountability if faithfully followed and executed with lay involvement.

Even so, there remains a troubling lack of public disclosure and healing transparency in the Hoeppner case, for which the church still must come to reckon.

Fast forward to May 2022 and the Nienstedt investigation remains in limbo, almost three years after Tom Johnson submitted his complaint under Vos Estis.

The silence continues.

No one other than a few high-ranking church officials has any idea who has been responsible for conducting the investigation or its status.

One cannot help but suspect that some church officials are simply hoping that the Vos Estis process will not be extended past its June 1, 2022, expiration and that the church will "move on" to other more pressing matters.

This would be symptomatic of how too many church officials have dealt with clergy sexual abuse. Such a deliberate indifference would be grossly misguided and harmful on several levels.

First, far too many faithful in the Archdiocese of St Paul and Minneapolis harbour mistrust and feelings of betrayal as a result of Nienstedt's alleged misconduct, which the church sadly has failed to address. This includes foremost his victim-survivors, and their families and friends. Even though some of those minors who were victimized are now adults, they bear wounds that may never heal without an accounting of what they suffered. Continue reading

  • Hank Shea is a senior distinguished fellow at the University of St. Thomas School of Law in Minneapolis. He also serves as a fellow of the UST Law School's Initiative on Restorative Justice and Healing.
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New Vatican law on abuse cover-up has hit-and-miss week https://cathnews.co.nz/2019/09/16/new-vatican-law-on-abuse-cover-up-has-hit-and-miss-week/ Mon, 16 Sep 2019 08:13:15 +0000 https://cathnews.co.nz/?p=121192 abuse cover-up

When the Vatican announced new procedures to hold bishops accountable in May, the main question was: Will it work? The legislation - called Vos Estis Lux Mundi - enacted what is known as the Metropolitan Model, in which archbishops would play a prominent role in policing those bishops in their ecclesiastical province. This week, the Read more

New Vatican law on abuse cover-up has hit-and-miss week... Read more]]>
When the Vatican announced new procedures to hold bishops accountable in May, the main question was: Will it work?

The legislation - called Vos Estis Lux Mundi - enacted what is known as the Metropolitan Model, in which archbishops would play a prominent role in policing those bishops in their ecclesiastical province.

This week, the first investigation into misconduct being carried out under the procedures set out in the new law was announced: Archbishop Bernard A. Hebda of St. Paul and Minneapolis (pictured) will look into allegations that Bishop Michael J. Hoeppner of Crookston "carried out acts or omissions intended to interfere with or avoid civil or canonical investigations of clerical sexual misconduct."

In a statement on Wednesday, the archdiocese said law enforcement had also been notified of the allegations.

Jeff Anderson, a St. Paul attorney who has represented hundreds of survivors of clerical sexual abuse, told The Associated Press that the allegations against Hoeppner likely stem from lawsuits against the Crookston diocese that have been settled, including one by Ron Vasek, who was aspiring to be a deacon when, he alleged, Hoeppner blackmailed him into signing a letter in 2015 that essentially retracted his allegation that a popular priest had abused him when he was 16-years-old.

Bishop Richard Malone of Buffalo has been under fire for over a year, after his former secretary became a whistleblower.

 

This summer, the scandal took an almost farcical turn.

The present case would probably be held up as an example of the new legislation working as it should, with Hebda being noted as the best person to put the new law to the test.

After all, before becoming a bishop, Hebda served for over 20 years at the Vatican's Pontifical Council for Legislative Texts, rising to become the office's undersecretary.

When he arrived in St. Paul-Minneapolis as apostolic administrator in 2015, Hebda's first responsibility was to clean up the mess left behind by Archbishop John Nienstedt, who was not only accused of mishandling abuse cases, but was also accused of personal sexual misconduct.

In other words, Hebda would be near the top of anyone's list of bishops to take Vos Estis Lux Mundi for a test drive.

In fact, some cynical observers might also note that the Vatican would probably want the first few investigations to be conducted in a place like Minnesota, which is far from the intense media scrutiny likely in other parts of the United States. Like New York, for example.

However, events might make such a media intensive investigation inevitable.

Bishop Richard Malone of Buffalo has been under fire for over a year, after his former secretary became a whistleblower, and leaked hundreds of pages of diocesan records alleging that Malone had allowed accused priests to stay on the job and that he has actively engaged in abuse cover-up.

This summer, the scandal took an almost farcical turn.

Two seminarians for the diocese quit, calling on Malone to quit over his handling of clergy misconduct.

One of them, Matthew Bojanowski, alleged that he was sexually harassed by Father Jeffrey Nowak, and that Malone failed to take action when it was reported.

Later, Malone's priest secretary — Father Ryszard Biernat - leaked secret recordings in which Malone voiced concerns that the Nowak scandal could force him to resign.

Biernat later accused the bishop of silencing him when he lodged a complaint of sexual harassment against yet another priest.

Then, in a soap opera twist, an incriminating 2016 letter began circulating. It was written by Biernat to Bojanowski, and by all appearances was romantic in nature.

Public records show the two men co-own a house.

The letter had been photographed by Nowak when he was in Bojanowski's room. Continue reading

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New Vatican law on abuse cover-up has hit-and-miss week]]>
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Lay advisors want Vatican to release McCarrick files https://cathnews.co.nz/2019/06/13/lay-advisors-want-vatican-to-release-mccarrick-files/ Thu, 13 Jun 2019 08:09:44 +0000 https://cathnews.co.nz/?p=118400

Lay advisers to the US Conference of Catholic Bishops (USCCB) want the Holy See to be more open about former archbishop Theodore McCarrick. They want the USCCB to ask for all the relevant documents and the results of diocesan and archdiocesan investigations about McCarrick to be released. Both the National Advisory Council to the US Read more

Lay advisors want Vatican to release McCarrick files... Read more]]>
Lay advisers to the US Conference of Catholic Bishops (USCCB) want the Holy See to be more open about former archbishop Theodore McCarrick.

They want the USCCB to ask for all the relevant documents and the results of diocesan and archdiocesan investigations about McCarrick to be released.

Both the National Advisory Council to the US Bishops (NAC) and the National Review Board (NRB), a lay advisory group to the US bishops on protecting minors from abuse, urged the bishops to press for the release of the documentation.

The "salvation of souls is the supreme law of the Church," they said.

"Care for your people must be at the forefront when dealing with this issue."

The 13-member NRB was constituted by the USCCB in 2002, after revelations of the sexual abuse of minors by clerics that spanned decades and which occurred around the country.

The board advises the USCCB Committee for the Protection of Children and Young People.

The NAC meets ahead of the bishops' biannual meetings and considers their agenda for the meetings, offering support or criticism of each agenda item.

Besides calling for the publication of the McCarrick documents, both advisory bodies expressed concern over the proposed USCCB directives for implementing Pope Francis's motu proprio Vos estis lux mundi (You are the light of the world) as a response to the abuse crisis.

In particular, the Chair of the NAC said the motu proprio directives encourage the involvement of the laity by metropolitans when investigating sex abuse allegations of bishops, but do not require such involvement of lay experts.

Besides the possibility of leaving out qualified experts from investigations, it would give the "perception of bishops investigating bishops," Raines said.

The Chair of the NRB had similar concerns.

"While the NRB commends the Holy See for taking such a strong step forward in terms of holding all clerics accountable for abuse, the Chair said the board "remains uncomfortable" with the model of metropolitans overseeing the investigations of abuse allegations against other bishops.

"Lay involvement is key to restoring the credibility of the Church," he emphasized. Leaving them out of the investigation process "would signal a continuation of a culture of self-preservation that would suggest complicity."

The NRB also wants the audit process contained in the Dallas Charter for the Protection of Children and Young People (2002) to be improved and expanded.

The Charter was drafted as a response to the national revelations of sexual abuse of minors by clerics.

The annual audit measures compliance with the charter's protective and preventative measures.

"Now is the time to raise the bar on compliance to ensure the mistakes of the past are not completed," the NRB Chair said.

Historically, bishops have expressed concerns about the expansion of the audit process, warning that "audit creep" could pose privacy risks and step on their authority as bishops to oversee the implementation of the charter.

Source

Lay advisors want Vatican to release McCarrick files]]>
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Mandatory reporting of clerical sexual abuse https://cathnews.co.nz/2019/05/10/mandatory-reporting/ Thu, 09 May 2019 17:56:51 +0000 https://cathnews.co.nz/?p=117433

Pope Francis has released a new law making it mandatory for all clerics and members of religious orders to report cases of clerical sexual abuse to Church authorities. It also includes actions or omissions of bishops and religious superiors that in any way interfere with or fail to investigate abuse. "The crimes of sexual abuse Read more

Mandatory reporting of clerical sexual abuse... Read more]]>
Pope Francis has released a new law making it mandatory for all clerics and members of religious orders to report cases of clerical sexual abuse to Church authorities.

It also includes actions or omissions of bishops and religious superiors that in any way interfere with or fail to investigate abuse.

"The crimes of sexual abuse offend Our Lord, cause physical, psychological and spiritual damage to the victims and harm the community of the faithful.

"In order that these phenomena, in all their forms, never happen again, a continuous and profound conversion of hearts is needed, attested by concrete and effective actions that involve everyone in the Church," Francis said in the document — technically a motu proprio, meaning a change to Church law under the pope's authority.

Titled Vos estis lux mundi, "You are the light of the world," the document opens with that phrase and completes a quote from the Gospel of Matthew: "A town built on a hill cannot be hidden."

The motu proprio, which applies to the whole Catholic Church, will come into effect June 1, 2019.

"It is good that procedures be universally adopted to prevent and combat these crimes that betray the trust of the faithful.

"I desire that this commitment be implemented in a fully ecclesial manner, so that it may express the communion that keeps us united, in mutual listening and open to the contributions of those who care deeply about this process of conversion," Pope Francis said.

The new law regulates how Church representatives are to respond with crimes against the sixth Commandment: forcing someone through violence or abuse of authority to

  • perform sexual acts,
  • performing sexual acts with a minor or a vulnerable person, and
  • the production, exhibition, possession or distribution of child pornography.

It establishes new procedural rules to combat sexual abuse and to ensure that bishops and religious superiors are held accountable for their actions.

Every diocese must have a system that allows the public to submit reports easily.

Here is an abridged version of the editorial director of the Dicastery for Communication Andrea Tornielli's synopsis of the pope's document:

An 'office' for reporting in every diocese

Among the new indications given is the obligation for every Diocese in the world to set up, by June 2020, "one or more public, stable and easily accessible systems for submission of reports" concerning sexual abuse committed by clerics and religious, the use of child pornography, and cover-ups of the same abuse.

The obligation to report

The obligation for all clerics, and all men and women religious, to "report promptly" all accusations of abuse of which they become aware, as well as any omissions and cover-ups in the management of cases of abuse, to ecclesiastical authorities.

Though this obligation was formerly left up to individual consciences, it now becomes a universally established legal precept.

Not only child abuse

The document covers not only violence and abuse against children and vulnerable adults, but also sexual abuse and violence resulting from an abuse of authority as well.

This includes cases of violence against religious by clerics, as well as abuse committed against adult seminarians or novices.

Dealing with cover-ups

One of the most important elements is the identification, as a specific category, of so-called cover-ups, defined as "actions or omissions intended to interfere with or avoid civil investigations or canonical investigations, whether administrative or penal, against a cleric or a religious regarding the delicts" of sexual abuse.

The protection of vulnerable people

Vos estis lux mundi stresses the importance of protecting minors (anyone under 18) and vulnerable people.

The definition of a "vulnerable person" is broadened to include "any person in a state of infirmity, physical or mental deficiency, or deprivation of personal liberty which, in fact, even occasionally, limits their ability to understand or to want to otherwise resist the offense."

Respecting the laws of states

The obligation to report to the local Ordinary or Religious Superior does not interfere with, or change, any other reporting obligation that may exist in respective countries' legislation.

The norms "apply without prejudice to the rights and obligations established in each place by state laws, particularly those concerning any reporting obligations to the competent civil authorities."

The protection of victims and those reporting abuse

The sections dedicated to protecting those who come forward to report abuse are also significant.

According to the provisions of the motu proprio, someone reporting abuse cannot be subjected to "prejudice, retaliation or discrimination" because of what they report.

The problem of victims who in the past have been told to keep silent is also addressed."

The seal of confession remains absolute and inviolable and is in no way affected by this legislation.

The investigation of bishops

The motu proprio regulates the investigation of Bishops, Cardinals, Religious Superiors and all those who lead a Diocese, or another particular Church, in various capacities and even temporarily.

The rules apply not only in the case of these persons being investigated for having committed sexual abuse themselves, but also if they are accused of having "covered up," or of failing to pursue abuses of which they were aware, and which it was their duty to address.

The role of the Metropolitan

There are new indications regarding the role of the Metropolitan Archbishop in preliminary investigations: if the accused individual is a Bishop, the Metropolitan receives a mandate from the Holy See to investigate.

Involvement of the laity

The Metropolitan, in conducting the investigations, can avail himself of the help of "qualified persons", according to "the needs of the individual case and, in particular, taking into account the cooperation that can be offered by the lay faithful".

Presumption of innocence

The principle of presumption of innocence of the person under investigation is reaffirmed.

The accused will be informed of the investigation when requested to do so by the competent Dicastery. The accusation must be notified only if formal proceedings are opened.

Conclusion of the investigation

The motu proprio does not modify the penalties for crimes committed, but it does establish the procedures for reporting and carrying out the preliminary investigation.

At the conclusion of the investigation, the Metropolitan (or bishop) forwards the results to the competent Vatican dicastery. This completes his contribution.

The competent dicastery then proceeds "in accordance with the law provided for the specific case", acting on the basis of already existing canonical norms.

Based on the results of the preliminary investigation, the Holy See can immediately impose preventive and restrictive measures on the person under investigation.

Concrete commitment

With this new juridical instrument, the Catholic Church takes a further and incisive step in the prevention and fight against abuse, putting the emphasis on concrete actions.

LaCroix International

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