Mgr Charles Scicluna, a very high official at the Vatican, was recently interviewed by the United States-based news agency, Catholic News Service. The interview is part of a series of articles that CNS is publishing about the policies of the US bishops on child sex abuse.

CNS described Mgr Scicluna as the "promoter of justice" at the Congregation for the Doctrine of the Faith, who acts like a prosecutor in sex abuse cases.

A Christian Outlook believes that the content of this interview is very interesting in itself. It is also interesting because Mgr Scicluna is our compatriot. We doubt if the Maltese media have ever succeeded in getting such an interview with him about this subject.

"Some say we're trying to protect the institution. No - the procedures are there to protect the people of God," Mgr Scicluna said very emphatically.

A Christian Outlook totally agrees with him though we hasten to add that this perception exists and that the Church needs to produce facts continually to give it the lie.

While the measures against abusive priests are strong, the process has adequately protected the rights of the accused and offered him a chance to appeal the decision of bishops and the Vatican, Mgr Scicluna said.

He added that under the new rules there are five basic options for dealing with sex abuse accusations against priests:

(i) The priest, penitent for his behaviour and recognising that it is incompatible with his ministry, requests laicisation from the Pope.

(ii) Even when not requested by the priest, the Pope can decide to dismiss the priest from the clerical state. This is done only in grave and clear cases, a "process of last resort", Mgr Scicluna said.

Typically, the doctrinal congregation makes the request for forced laicisation on the recommendation of the local bishop, he said. It is anything but pro forma. Pope John Paul II, for example, asks questions and studies the facts of the case before making his decision, Mgr Scicluna said. The Pope's decision is not subject to appeal or review.

(iii) A bishop or the Vatican can impose a penalty on the priest, using an administrative penal process (described in Canon 1720 of the Code of Canon Law) without going through a church trial. If the bishop decides that the penalty is permanent dismissal from the clerical state, he needs approval from the Vatican's doctrinal congregation; if he decides on a lesser penalty, he can decree it on his own authority.

This solution is used in cases where the facts are so apparently clear as to make a Church trial unnecessary. But a priest does have recourse, by presenting an appeal before the full membership - cardinals and bishops - of the doctrinal congregation.

(iv) A trial of the accused priest can be conducted, typically by diocesan tribunals. These are Church trials and the penalties are spiritual, as opposed to civil trials that may carry jail terms or other penalties. The decisions and penalties of the diocesan court can be appealed by the priest to the Vatican's doctrinal congregation, which reviews all diocesan trials. As promoter of justice, Mgr Scicluna can also appeal the local decision, for example, if he believes a conviction was warranted for a priest who was absolved.

(v) In cases where a priest known to have been abusive cannot be prosecuted under Church law for technical reasons, disciplinary action can still be imposed on him - such as limiting or removing him from direct ministry or, after consulting with psychological experts, declaring him impeded from the exercise of ministry. The priest can appeal these disciplinary measures to officials of the Vatican's doctrinal congregation or to the full membership of the congregation.

There are more general problems processing sex abuse cases: Allegations often are made many years after the abuse occurred, making it difficult to gather evidence and interview witnesses, and the allegations sometimes are denied - by an accused priest or, more rarely, by a victim.

Many times, the Church court must base its judgment on "moral certainty" of the crime, as opposed to the discovery of incontestable evidence, Mgr Scicluna said.

The relationship of Church investigations to civil law is a delicate and important issue, he said. In many cases, civil proceedings against an abusive priest give the Vatican and local bishops the kind of clear evidence needed to take steps against the priest and often remove the need for a lengthy Church trial.

"It weighs heavily. It's not the only criterion, but it's a very strong argument," Mgr Scicluna said.

One sign of the importance given to civil trials is that Church officials are ready to suspend a canonical investigation so as not to disturb a civil investigation, he said.

In working on sex abuse cases, Mgr Scicluna said, the Vatican has followed two main principles: "If a person is a risk to minors, he should not be in ministry, and if his ministry is a scandal to the community, he should not be in ministry."

That policy stems from the Pope's statement in 2002 that "there is no place in the priesthood and religious life for those who would harm the young". Sometimes removal from ministry is not enough, and the priest is also removed from the priesthood. It is the gravity of the offence - something measured case by case - that takes it to this second step, Mgr Scicluna said.

The information given by Mgr Scicluna is very interesting. It shows that the Church considers child abuse to be something very serious and goes out of its way to tackle it in a very professional manner.

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