Forum discusses abuse crisis

The discussion centered around the Church's response to abuse in regard to three main areas of secular law:

* jurisdiction, the right of a court to hear a particular case;

* discovery, the mandatory disclosure of documents pertaining to a suit; and

* reporting, the compulsory notification of law enforcement and civil authorities when abuse cases come to light.

Panelist Leslie Griffin, professor of law and legal ethics at the University of Houston Law Center, called secular law the best recourse for resolution of clergy abuse cases. Revisions of the Church's Charter for the Protection of Children at a recent meeting of the U.S. bishops in Washington, DC, could be used to help the Church in "hiding behind the First Amendment," Ms. Griffin opined.

Bishop Hubbard supports the revisions, which stipulate that accused priests be placed under administrative leave and investigated by a misconduct panel. He said that this method will "ensure justice for the victim and due process for the accused" and is "not designed to hinder law enforcement and civil authority."

Audience and panelists agreed that the balance between the accused's right to due process of law and the victim's right to protection was delicate. Barbara Blaine, an Illinois lawyer and founder of the Survivors Network for Those Abused By Priests, said the Church must "err on the side of protecting the child."

Bishop Hubbard agreed, saying there should be no "special treatment" for guilty clergy and "every one of these allegations has to be brought to the misconduct panel."

The misconduct panel can protect priests who are falsely accused, according to panelist Charles J. Reid Jr., professor of law at the University of St. Thomas School of Law. He cited the examples of Boston Msgr. Michael Smith Foster, Los Angeles Archbishop Roger Mahony, and the late Chicago Cardinal Joseph Bernardin, all of whom were victims of false allegations of sexual misconduct.

Questions were raised about whether the confidentiality of the confessional led to concealment of abuse.

"The Sacrament of Reconciliation has a sacred and healing power," Mr. Reid said. He called the issue of breaking the seal of the confessional a "distraction" from the major issues, as Reconciliation is "not decisive in preventing access" to documents and evidence. According to Mr. Reid, conversations with priests where absolution is not sought are fair game for legal discovery.

Even when an offending priest seeks absolution, the bishop in his role as diocesan administrator can reserve a right to refuse it, according to Bishop Hubbard.

Much of the current crisis stems from different worldviews on both sides, Bishop Hubbard said. He noted that 20 years ago, sexual abuse was considered not a legal problem, but one of morality and spirituality, with an equally moral and spiritual solution.

"There has been a change in the way that law enforcement handles child abuse," the bishop said. Before the crisis, "many cases went unprosecuted;" today, "things have changed for the better."

Similar things have happened in the Church. "In the past, we did not always handle these issues well," the Bishop said, noting that administrators often sent offenders to treatment centers, where they would rely on the diagnoses of doctors and psychologists "according to the [science] of the time."

He added that such a thing "will not happen in the future."

The Albany Diocese has developed a task force devoted to victim outreach and hired a victims/survivors coordinator (see story on page 1). The Bishop also mentioned that today's seminarians are put through an aggressive program to screen out "those that are not emotionally and psychologically prepared for the sacred trust" that is the priesthood. This includes psychological testing, background checks and courses in sexuality, addiction and celibacy.

Ms. Blaine expressed concern that many victims come to grips with their abuse only after the statute of limitations on prosecuting offenders has passed.

"The bishops ask us to trust that they will act appropriately," she said, "but these are the same bishops that brought us to this place."

"One case of this reprehensible behavior is one too much," Bishop Hubbard responded. "We will have to let our actions re-earn your trust."

(12-05-02) [[In-content Ad]]