ACTA APOSTOLICAE SEDIS - La Santa Sede

Acta Benedicti Pp.XVI 701
and individual Bishops, and following careful examination of the various
aspects of the problem, has modified the relevant canonical legislation and
procedures in order to make them simpler to apply, more effective and more
expeditious.
A brief overview of this legislation may prove helpful. For centuries canonical
discipline has provided for dealing with the abuse of minors, even
before most modern nation States introduced legislation in this regard. Prior
to the Code of Canon Law promulgated by Pope John Paul II in 1983, such
cases were handled according to the norms of the previous edition of the Code
of Canon Law, promulgated by Pope Benedict XV in 1917. In 1922, the Holy
Office issued the Instruction Crimen Sollicitationis which provided a framework
of procedures to guide diocesan bishops dealing with the canonical
crime or “delict” of solicitation in their application of canon law. The
Instruction also included certain provisions on the crime of sexual abuse
of prepubescent children. In 1962, Pope John XXIII authorized a reprint
of the 1922 Instruction, with a section added regarding the administrative or
judicial procedures to be used in those cases in which religious clerics were
involved.
The 1983 Code updated the previous discipline in canon 1395 § 2: “A cleric
who in another way has committed an offence against the sixth commandment of
the Decalogue, if the delict was committed by force or threats or publicly or with a
minor below the age of sixteen years, is to be punished with just penalties, not
excluding dismissal from the clerical state if the case so warrants.”
The 1983 Code provides that the diocesan Ordinary (the Bishop or
equivalent) is responsible for judging cases in the first instance. Prior to
2001, when the competence for cases of child sexual abuse perpetrated by
a cleric was transferred to the Congregation for the Doctrine of the Faith,
appeals against judicial sentences could be presented to the Tribunal of the
Roman Rota, while administrative recourses (i.e. legal review of administrative
decisions) against penal decrees were to be presented to the Congregation
for the Clergy. As the Cloyne Report states, during the period 1996-2001, not a
single case of child sexual abuse perpetrated by a cleric in the Diocese of
Cloyne was referred to the competent authorities of the Roman Curia.
At the request of Bishops in some countries, the Holy See introduced
certain changes during the 1990s because of its concern about incidents of
child sexual abuse which, though often historical cases, were coming to light
more frequently than before in those countries. For this reason, the Holy See