Diocese's policy on abuse altered

The Bishop has accepted that recommendation.

The five-year limit reflects state law: There is a statute of limitations of five years on the prosecution of many felonies. Bishop Hubbard announced that since no allegations fall under that guideline, no names will be forwarded to any DA at this time.

Panel's work

The task force's letter responded to one sent on April 11 from DAs in the 14 counties covered by the Albany Diocese. The DAs requested the policy change.

The group appointed by the Bishop includes experts in law and psychology (see separate box). They said in their letter to Mr. Clyne that they are reviewing "not only the legal, psychological, pastoral and canonical dimensions of the policy, but also its implementation."

Credibility

In addition, he said that "independent investigation" of allegations by DAs "is the only thing that is going to restore credibility to the process."

He called the five-year limit "appropriate because it fits within the statue of limitations. Any offenses within that limit would have criminal and civil consequences."

Chilling effect

Bishop Hubbard expressed concern that the policy might have a chilling effect on victims, with the result that fewer of them will come forward. Those who do not want their cases made public, he noted, might be more reluctant to come to the Church for assistance.

"I have brought that concern to those working on legislation dealing with this matter," he said, "and I hope something can be developed to allow the victims to have the privilege" of not proceeding with criminal action that would expose them to publicity and the legal system.

Background

The current policy of the Albany Diocese in cases of sexual abuse was issued in 1993. Among its provisions are outreach to victims and their families, immediate removal of a priest from priestly functions, and cooperation with public officials in investigations. The policy had included reminding victims of their right to report allegations to civil and criminal authorities; from now on, the Diocese will make the report whether or not the victim desires that.

The new approach on reporting allegations to district attorneys "is only one part of the total policy," Bishop Hubbard noted. "I look forward to any other recommendations of the task force to improve our policy."

Since the Diocese's policies went into effect in 1993, there has been one substantiated case of sexual abuse of a minor by a diocesan priest. It occurred more than five years ago.

(Editor's note: The current diocesan policy on child sex abuse appeared in The Evangelist's Feb. 28 issue; it can also be found on the diocesan website: www.rcda.org. Click on "departments" and then on "administrative advocate.")

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