Sexual Abuse Victims

A groundbreaking study on the role of victims in canonical penal proceedings. Through a comparative analysis with civil legal systems and unprecedented interviews with seven international experts, this work reveals the procedural deficiencies that still limit victims’ rights in the Church’s own tribunals. Essential reading for canonists, theologians, and all those committed to justice and safeguarding in the Catholic Church.

Table of Contents
Acknowledgments i
A note of gratitude iii
Foreword v
Setting the stage vii
Abbreviations xvii
General Introduction
Chapter I
Victims in canonical delicts of sexual nature perpetrated by ecclesiastical agents: the hermeneutics of the problem
1.1. Conceptual delimitations
1.1.1. Victim, secondary victimization, and pars laesa in matters of sexual misconduct
The concept of «victim»
The concept of «pars laesa»
1.1.2. Ecclesiastical agent
1.1.3. The juridic notions of «crime», «delict», «canonical delict» and «sin»
1.1.4. The canonical delict known as «sin against the sixth commandment of the Decalogue»
1.1.5. Penal forum
1.1.6. Due Process analysis
1.1.7. Latin Church
1.1.8. Glossary of other basic technical terms
1.2. Description of the methodological paradigms applied
1.2.1. General Description of methodological approaches implemented
1.2.2. Hermeneutical approach: a human rights perspective
1.2.3. Doctrinal-legal approach: a canonical perspective
1.2.4. Comparative approach: a civil law and a canonical perspective
1.2.5. Qualitative approach: a perspective from the canonical praxis
1.3. Historical considerations
1.3.1. The influence of the Greek culture of pederasty and the Roman culture of penetration
The cultural acceptance of Greek pederasty
The Roman toleration of pederasty to enable a «culture of penetration»
1.3.2. Early Christianity (A.D. 1-476) and the Early Middle Ages (A.D. 476-1000)
Early Christianity
The Councils of Elvira and Ancyra
The Justinian regulations
The Penitencial Books
Homosexuality and pederasty in the Early Middle Ages
1.3.3. The High Middle Ages (A.D. 1000-1300)
Peter Damian’s dramatic denunciation: the Book of Gomorrah
Gratian and his Decretum on the sexual abuse issue of his time
The Gregorian Reform and the Lateran Councils
1.3.4. The Late Middle Ages and Transition to Modern World (A.D. 1300-1500)
The solution of physical violence against sexual misconduct in the Church
The unexpected result of violence against sodomy: the emergence of a clandestine homosexual subculture. The case of Gilles de Rais
The prosecution of sodomy and pederasty through the Renaissance: The Spanish Inquisition and Savonarola
A new canonical crisis begins: the spreading of cases of solicitation in confession
1.3.5. The Early Modern Period (A.D. 1500-1800)
A culture of moral decay
The contributions of the Tridentine Reform
The delictum sollicitationis
1.3.6. The Modern Period (A.D. 1800-1960)
The Crimen Sollicitationis Instructions of 1922 and 1962
The Nazi Germany sexual abuse crisis
1.3.7. The Contemporary World (A.D. 1960 to present time)
The unforeseen effects of the Second Vatican Council
The early 1980s and the origins of the contemporary sexual abuse crisis. Cardinal Ratizinger’s early attempts to confront the issue
The Chicago sexual abuse crisis and other relevant facts of the 1990s
The 2002 Boston crisis and its lasting consequences
An unprecedented fact in Church history: the birth of associations of victims of sexual abuse and other organizations supporting them
The Church’s hierarchical response to the contemporary sexual abuse crisis
The sexual abuse problem in the Legionaries of Christ
The eruption of the sexual abuse crisis outside the United States of America and the special case of the State of Pennsylvania (U.S.A.)
Ireland
Germany
The Netherlands
Australia
Canada
England and Wales
Chile
A major bombshell: the Grand Jury Report of the State of Pennsylvania
The sexual abuse crisis in the French Church
The crisis in Belgium
Sexual abuse cases in Poland
Portugal’s historic cases of sexual abuse related to the Catholic Church
The sexual abuse crisis in Spain: first-ever state investigation report
The sexual abuse crisis in Switzerland
Single individual cases of global impact
Recent legislative reforms
1.4. The victims of sexual crimes in canonical penal forum: status quaestionis
1.4.1. Overview of the canonical delicts related to sexual misconduct
1.4.2. The urgency of the matter
1.4.3. A compelling canonical challenge
Abstract
Chapter II
The common procedural due process pertaining to the participation of victims in the penal processes involving sexual misconduct: comparative analysis between contemporary legal systems and Canon law
2.1. The procedural due process for victims of sexual crimes
2.1.1. The emergence of the victim as a main player in the penal process
The 1985 United Nations «Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power»
Other relevant international legal interventions pertaining to the procedural due process concerning victims of crimes
Interventions by the United Nations
Convention on the Rights of the Child
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Guidelines regarding the implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Declaration on the Elimination of Violence against Women
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
Guidelines on Justice in matters involving Child Victims and Witnesses of Crime
International cooperation for access to justice, remedies and assistance for survivors of sexual violence – Survivors’ Bill of Rights
Interventions by the European Union
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse: Lanzarote Convention (Lanzarote, Spain, 25 October 2007)
Other directives and conventions (2001-2021)
2.1.2. The juridic framework of the procedural due process for victims of crimes
Access to justice and fair treatment
Restitution
Compensation
Assistance
2.2. Descriptive presentation from the perspective of the Major Contemporary Legal Systems
2.2.1. The Romano-Germanic Law Tradition
Within the European Union: France
Outside the European Union: Chile
2.2.2. Common Law, Religious Law and Customary Law Traditions
Common Law monosystem country: The United States of America
Mixed Muslim Law, Common Law and Customary Law country: Nigeria
2.3. Descriptive presentation from the perspective of Canon Law
2.3.1. Background information pertaining the concrete functioning of Canon Law in general and in penal matters
2.3.2. Procedural due process analysis of sexual crime victims participation and rights in canonical processes
2.4. Comparative Analysis between Canon Law and the Contemporary Legal Systems reviewed
2.4.1. From the perspective of the 1985 «Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power» of the United Nations
2.4.2. From the perspective of the juridic concepts of penal action and penal process
2.4.3. From the perspective of the equal protection of rights
Abstract
Chapter III
The expansion of the protection of the rights of victims of sexual crimes in canonical forum: excursus on Canon 1398 of the reformed Book VI of the Code of Canon Law
3.1. The 2021 reform of Book VI of the Code of Canon Law: assessment from the perspective of the rights of victims of sexual crimes
3.1.1. Genealogy of the 2021 Book VI
3.1.2. Aim and character of the 2021 penal law reform
3.1.3. The new Book VI and the rights of victims of sexual crimes perpetrated by ecclesiastical agents
3.2. Canon 1398: sexual abuse redefined from the perspective of the life, dignity and personal liberty of victims
3.2.1. Canon 1398: a revolutionary piece of legislation
The primacy of the victim in the criminalization of sexual violence
The criminalization of sexual violence as an abuse of authority: abuse of power and spiritual abuse
3.2.2. Canon 1398 and the expansion of the legal protection against sexual violence concerning minors and those equivalent to minors
3.2.3. Juridic analysis of the offences foreseen in canon 1398
Conducts criminalized
Regimen of competency in cases related to canon 1398
The objective element of the delicts
The subjects involved: active and passive
Penalties prescribed
Abstract
Chapter IV
Due process assessment of the current common practice and reality from recent data: the treatment of victims of sexual crimes in Canon Law
4.1. Methodological specifications
4.1.1. Methodological strategies adopted pertaining retrieval of recent data from the canonical praxis and reality
4.1.2. Description of instruments of investigation applied
4.1.3. Criteria of selection and profiles of participating experts
4.1.4. Scientific and professional background of participating experts
Patrick Lagges, Ph.D.
Geraldina Boni, Ph.D.
John P. Beal, J.C.D.
Dr. Hans Zollner, S.J.
Gil José Sáez Martínez, Ph.D.
Dr. Claudia Mariéle Wulf
Myriam Wijlens, STL, PhD, JCD, Habil.
4.2. Procedural due process assessment: summary of responses from the experts
4.2.1. Pertaining access to justice and fair treatment
4.2.2. Pertaining restitution (reparation) and compensation
4.2.3. Pertaining assistance to victims
4.3. Procedural due process assessment: juridic analysis of responses from the experts
4.3.1. Pertaining access to justice and fair treatment
Weaknesses, inconsistencies & threats
Strengths, good practices and opportunities
4.3.2. Pertaining restitution (reparation) and compensation
Weaknesses, inconsistencies & threats
Strengths, good practices and opportunities
4.3.3. Pertaining assistance to victims
Weaknesses, inconsistencies and threats
Strengths, good practices and opportunities
Abstract
General Conclusion
Most relevant findings
Recommendations
Bibliography
Canonical Sources
Extra-canonical Sources
Authors
Appendixes
Questionnaire for in-depth interview on the current canonical practice pertaining the procedural rights of victims of sexual crimes in penal canonical processes
Transcript of Msgr. Patrick Lagges’ interview conducted by Father Manuel Rodríguez, 20 October 2023
Dr. Geraldina Boni: Questionario per un colloquio investigativo sull’attuale prassi canonica relativa ai diritti procedurali delle vittime di crimini sessuali nei procedimenti penali canonici, 25 October 2023
Transcript of Dr. John P. Beal’s interview conducted by Father Manuel Rodríguez, 6 November 2023
Transcript of Dr. Hans Zollner’s interview conducted by Father Manuel Rodríguez, 11 November 2023
Written Responses: Questionnaire For Investigative Interview About Current Canon Law Practice Regarding the Procedural Rights of Victims of Sexual Crimes in Canonical Criminal Proceedings. Interviewee: Dr. Gil José Sáez Martínez, November 25, 2023
Oral Responses: Translation of the Transcript of Dr. Gil Sáez Martínez’s Interview conducted by Father Manuel Rodríguez, November 25, 2023
Transcript of Dr. Mariéle Wulf’s Interview conducted by Father Manuel Rodríguez (four parts), November 29, 2023
Transcript of Dr. Myriam Wijlens’ Interview conducted by Father Manuel Rodríguez, 18 December 2023