Category Archives: Cardinal Timothy Dolan
How the undemocratic activities of the Catholic Church silences critics
How the undemocratic activities of the Catholic Church silences critics
By Stephen D. Mumford, DrPH | 28 July 2016
Church and State
From the Link: http://churchandstate.org.uk/2016/07/how-the-undemocratic-activities-of-the-catholic-church-silence-critics/
Adapted from chapter 13 of our chairman Dr. Stephen D. Mumford’s seminal book, The Life and Death of NSSM 200: How the Destruction of Political Will Doomed a U.S. Population Policy (1996). The book is available at Kindle here, and is available to read for free here.
Distortion of the Church’s Image
In 1990, the Times Mirror Company, owner of a number of large U.S. newspapers, conducted a national poll, “The People, Press and Politics.” This poll asked interviewees questions that would permit the measure of “favorability.” Eleven political institutions were compared. The Catholic Church ranked number one with an 89 percent favorability rating, handily beating the Supreme Court, Congress and the U.S. military. Evangelical Christians were given a 53 percent rating. Among famous world leaders, including living U.S. Presidents, the pope ranked number one with a favorability rating of 88 percent. Only Vaclav Havel came within 10 points of the pope.
This is either an amazing phenomenon or an impressive accomplishment by the bishops, or both. The Catholic Church in America is in serious decline. As noted earlier, half of all American priests now quit the priesthood before age 60. The average age of nuns in the U.S. is 65 years and only 3 percent are below age 40. Nearly one-third of the Catholic schools and one-fourth of the Catholic hospitals have closed in the past 30 years. Contributions by members have fallen by half in the same period, with Catholics having the lowest contribution rate of any of the major churches. Were it not for the billions of dollars received by the Church in federal, state and local tax funds, the income from corporate gifts made as a result of Catholic influence within public and private corporations, and as a result of influence within major private foundations, the Church could not possibly survive in its current form.
As noted, millions of Catholics have left the Church and become Protestants. The September 1995 New York Times/CBS News Poll revealed that 28 percent of those who had been raised as Catholics no longer considered themselves Catholic. In other words, 17 million individuals whom the bishops claim as Catholics have left the Church. In November 1979, about half of all Americans surveyed regarded the pope as a universal moral leader. By 1995, according to this survey, the proportion had fallen to 31 percent, a 40 percent drop. A 1994 Los Angeles Timessurvey found that 43 percent of priests and 51 percent of nuns say that things in the Church are not so good. According to a study conducted by the Alan Guttmacher Institute and reported in USA Today on January 29, 1993, Catholics account for 31 percent of all abortions in the U.S. but are only 22 percent of the U.S. population. A September 1995 Washington Post/ABC News Poll queried: Is the Roman Catholic Church in touch with the views of Catholics in America today, or out of touch? Nearly 60 percent of both Catholics and non-Catholics responded, “out of touch.” To the question, “Do you think someone who is using birth control methods other than the rhythm method can still be a good Catholic?,” Ninety-three percent of Catholics said yes. To the question, “Do you think someone who gets divorced and marries someone else without Church approval can still be a good Catholic,?” 85 percent said yes. To the question, “Do you think a woman who has an abortion for reasons other than her life being in danger can still be a good Catholic?,” 69 percent said yes. The Catholic Church in the U.S. can only be described as an institution in serious decline.
How can the Church and the pope have such high favorability ratings under these circumstances? This is an important question for all Americans and the American political process. The answers will tell how the Rockefeller Commission recommendations and the NSSM 200 recommendations, and every major initiative taken thus far to control U.S. and world population growth have been killed by the Church without Americans being aware of it. We will return to this question in the next chapter.
The bishops have been permitted to make the rules on how they are reported on. This has been accomplished by using many different tools and devices and only a few will be discussed here. A 1991 study conducted by the Center for Media and Public Affairs and published by the Knights of Columbus and the Catholic League for Religious and Civil Rights, a study conducted by Catholics for use by Catholic activists, found that in spite of the fact that the Catholic Church is in precipitous decline and that half of its priest and nuns said that things in the Church are not so good, “the ‘Church hierarchy’ is cited more than 50 times as often as ‘identified Church dissidents’!” Given the state of the Church one would expect the opposite to be true. The dissenters obviously have something to talk about, but press reporting on dissension and dissenters has been successfully discouraged by the Church leadership. Given the enormous potential for dissenting opinion, the bishops’ accomplishment in suppressing media coverage of this opinion is truly impressive. A reasonable question is: what other information is the Church successfully suppressing?
As mentioned in Chapter 11, the news outlets that placed the Church in a negative light were virtually all snuffed out or muzzled earlier in this century by the Knights of Columbus; this institution continues to take great pride in its early successes. Its efforts in recent years and the efforts of other Catholic institutions, such as the Catholic League for Religious and Civil Rights, to suppress information that places the Church in a bad light have been mostly successful (the issue of child molestation being the only significant exception but even on this issue they do what they can).
Any time a report appears in the press placing the Church in a bad light, almost without exception there is an immediate demand for an apology and retraction made to the reporter, editor and publisher by these Catholic thought police. Written responses and demands for publication are immediately forthcoming. These responses are usually published and it is amazing how many apologies are made and published. There are scores of examples each year and they can be found in the publications of these thought police. They eagerly share their successes with their members. But when a negative report appears in one newspaper or magazine it rarely appears in another, regardless of its newsworthiness—Carl Bernstein’sTIME magazine article is a good example.
Economic retribution as a tool to suppress criticism was used more commonly in the last century and earlier in this century than today because it is now largely unnecessary. The long history of its use and the success enjoyed with it makes the mere threat of its use highly effective.
Perhaps far more important than the outright intimidation practiced by many of the right-wing Catholic organizations is the self-censorship practiced by reporters, editors and publishers. All know there is a line that has been drawn by the bishops that they are not to cross—and they rarely do. They are aware of the rules formulated by the bishops regarding how Church matters are to be reported—and nearly always follow them. They know they will be punished if they do not conform.
Indeed, the bishops have had far greater success in intimidating non-Catholics than in retaining their own faithful. This is not limited to the press. With 26 years in the population field, I can say from experience that the fear of retaliation by the Catholic Church has paralyzed the population movement. I have also found that the fear felt by many American politicians aware of the undemocratic activities of the Church has resulted in their silence on this issue.
The Roman Catholic Church is a political entity headquartered in Rome and controlled in Rome. Its teachings and policies are set in Rome. All of its employees work for and represent the interests of the headquarters in Rome. It has awesome political power in the U.S. and the world over. It has inviolable territory, diplomatic representation to governments around the world and its minions sit on international bodies of a purely secular nature. It has political interests, including security-survival interests which are in direct conflict with those of the United States Government and its people. But the image of the Catholic Church presented by the American press does not reflect these realities. We are led to believe that this institution is primarily religious in nature. On the contrary; numerous observers over the years, including scholar Paul Blanchard, have correctly described the Catholic Church as a political institution cloaked in religion. Little has changed. The Church and its Vatican are firstly a political institution, now desperately trying to survive.
Much distortion is possible because relevant information that would limit distortion is not collected in the first place, since the Church has succeeded in blocking its collection. For example, for the bishops to claim “we speak for 59 million Americans” alone gives the Church an enormous amount of political power to manipulate government policy. It is not possible to challenge their present count of 59 million, though the actual number of Catholics who consider themselves adherents of the Catholic faith and who are willing to give the bishops permission to speak for them in the political arena is undoubtedly but a fraction of 59 million. But when politicians hear the number 59 million, they listen intently. The result—a lot of political power.
These are but a few of the reasons Americans have such a distorted view of the Church. However, American priests, nuns and laymen have a much less distorted view; it is amply documented that they are leaving the Church in droves. The test of the image is in the polling. The image of a healthy, robust and expanding American Catholic Church is clearly wrong. American Catholics are not conforming to the extent that our perceptions tell us. We are affording the Church far more deference than it deserves.
Too Much Evidence to Ignore
American Catholics, like the rest of us, cannot ignore the steady barrage of evidence that their church is in an untenable position and that the pope and the Church, as Father McCormack phrased it, “bear a heavy burden of responsibility” for much of the misery, suffering and premature death we see around the world.
There are numerous examples: The cover story of the February 1994 issue of the Atlantic Monthly titled “The Coming Anarchy” by Robert Kaplan links anarchy around the world, including the U.S., to overpopulation. In a follow-up column in the New York Times, Anthony Lewis writes that overpopulation-induced environmental destruction will be “the national security issue of the early 21st century.” A Los Angeles Times News Service article titled, “Massive Famine Predicted Worldwide,” reports on a symposium of international agricultural experts who predict eight times the shortage of food worldwide, as now seen in Africa, by the year 2000.
A recent Reuters dispatch is headed, “U.N. report lists developing countries in danger of collapse,” naming eight. (Rwanda was the first to go.) The New York Times News Service reports: Pontifical Academy of Sciences recommends that couples have only two children to curb world population growth. A USA Today article begins, “The Catholic Church, long outspoken in its opposition to abortion, is engaging in a massive and unprecedented lobbying effort to stop passage of an abortion rights bill in Congress … which would prohibit states from restricting abortion.” (The bishops won—the bill is now dead.) A Los Angeles TimesNews Service article is titled, “Roman Catholic bishops declare their intent to fight any legislation that provides coverage for abortions” (including the Clinton health care plan, or any alternative covering abortion). A New York Times News Service article reports on a newly released Episcopal Church document that terms the Catholic attitude toward women “so insulting, so retrograde” that women should abandon Catholicism “for the sake of their own humanity.”
The New York Times reports that taxpayers save $4.40 for every public dollar spent to provide family planning (based on costs of baby’s first two years). A Wall Street Journal article reports on a University of California finding that every $1 spent on family planning services saves the state $11.20 later. The results of a Washington Post-ABC News poll in 1993 shows that the overwhelming majority of Americans favor the availability of abortion, and the percentages increased over 1992. A Reader’s Digest article titled, “A Continent’s Slow Suicide,” reports, “Now the African continent is sliding back to a precolonial stage.” The nightly TV news stories on Haiti, Somalia, Rwanda and Bosnia reveal that these conflicts are all related to overpopulation.
These hideous stories seem endless. Of course they have the same effects on Catholics as they do on non-Catholics. “The truth shall make you free” and this steady diet of information countering the Vatican’s position has emancipated Catholics from dogmas which have contributed to papal control. We have a distorted view of what American Catholics think. For decades, the Bishops have been telling us what Catholics think and most Catholics and non-Catholics alike have failed to question this arrangement. How did this arrangement come about and how is it maintained?
More importantly—how has the Vatican managed to subvert all serious efforts to deal with the overpopulation problem without the American public’s awareness of these covert operations? This is the subject of Chapters 14 and 15.
Timothy Cardinal Dolan ripped for delaying talk on child sex abuse
Timothy Cardinal Dolan ripped for delaying talk on child sex abuse
The time may not be right for Timothy Cardinal Dolan to talk about child sex abuse, but advocates say it’s long overdue.
Victim-turned-advocate Kathryn Robb says Dolan is putting a new generation of kids in danger by opposing legislation that would allow adult victims of child sex abuse to seek justice in claims that would likely affect predator priests.
Robb ripped Dolan after the leader of New York’s 2.6 million Catholics told the Daily News on Saturday at rally for farm worker rights that he was ready to discuss efforts to reform the law — but not just yet.
Time, however, is running out to eliminate the statute of limitations on child sex abuse since the state Legislature’s session ends June 16.
“It may not be time for you Cardinal Dolan, but it is time for survivors of sexual abuse and the children of the state of New York,” said Robb, who said she was molested by her eldest brother George Robb while growing up on Long Island. “We as responsible citizens who care about the safety of children and justice are not waiting for his call.”
New York’s statute of limitations bars victims of childhood sexual abuse from filing criminal charges or civil claims after their 23rd birthday. Victim advocates say it is one of the most restrictive in the nation.
Supporters of the Child Victims Act say the Catholic Conference, the lobbying arm of church’s bishops, has been the bill’s biggest obstacle. The CVA — one of a handful of bills under consideration — would eliminate the civil and criminal statutes of limitation for victims.
A spokesman for the archdiocese said he would discuss a Daily News request for a sit-down with the cardinal. The spokesman said Dolan declined to talk about sexual abuse Saturday because he did not want to overshadow the farm worker rights rally.
MARCH ACROSS BROOKLYN BRIDGE IN SUPPORT OF CHILD VICTIMS ACT
MARCH ACROSS BROOKLYN BRIDGE IN SUPPORT OF CHILD VICTIMS ACT
If you would like your organization to be listed, please submit your contact info in the form below, we will be updating the Facebook event daily to include any groups that wish to participate.
This is a link to the official Facebook event, we urge you to share it with your followers and encourage as many people as possible to join this important and historic event on behalf of children’s safety everywhere.
https://www.facebook.com/events/1693905780883178/
If you have any questions about this event or about this form, please feel free to contact Chaim Levin, one of the organizers of this event at chaim@kolvoz.org or 917-932-5394
It is time for politicians to make our Children their number 1 Priority. Join Assemblywoman Margaret Markey and Senator Brad Hoylman in taking a stance to end NY Statute of Limitations for Sexual Abuse claims.
Victims, Survivors, Advocates, Parents, Grandparents, Children and Activists Unite. We will start gathering at 11am on the cadman plaza park (north lawn),we will be giving out t-shirts and posters. The March across the Brooklyn bridge to city hall will start at 12pm. Please feel free to bring your own posters and signs as well.
The closest train stop nearby is the High Street on the A train
Organizations supporting this event:
Parent Against Predator
Male Survivor
Kol v’Oz
Jewish Community Watch
Uri L’tzedek
Horace Mann Action Coalition
United Support Network
Jewish Orthodox Feminist Alliance (JOFA)
Noble 9 Collective
The Voice of Justice
The Bridge Advocacy Center
AHEART Foundation
NYS Downstate Coalition for Crime Victims
Crime Victims Treatment Center (CVTC)
Stop Abuse Campaign
Incest Survivors United Voices of America, Inc
It was ME Campaign
Massachusetts Citizens for Children
CallToAction Metro NY
New York City Alliance Against Sexual Assault
Footsteps
www.SOL-reform.com
SNAP NY
United Coalition Association
Safe Horizon
GA Families for Justice
CoachedintoSilence.com
FACSA | Foundation to Abolish Child Sex Abuse
Magenu
Positivealicious Blog
HEAL (www.heal-online.org)
If you would like your name to be added to this event, please fill out this form:
How the Vatican evades human rights obligations through Canon Law, diplomatic immunity and other dodges
How the Vatican evades human rights obligations through Canon Law, diplomatic immunity and other dodges
From the Link: How the Vatican evades human rights obligations through Canon Law, diplomatic immunity and other dodges
The Vatican doesn’t acknowledge human rights unless they are in accordance with Church doctrine. Its courts have been found by the EU to violate the right to a fair trial. And the Vatican has even maintained that its signature to one of the few human rights treaties it has signed (and even then with “reservations”) only applies to its own territory and not to the Catholic Church.
“One cannot then appeal to these rights of man in order to oppose the interventions of the Magisterium.”
— Joseph Cardinal Ratzinger, Prefect, Congregation for the Doctrine of the Faith, 1990 [1]
The Vatican not only quietly rejects the supremacy of human rights in principle, it also cultivates effective ways to get around having to implement them.
♦ Diplomatic recognition, sought worldwide, brings diplomatic immunity from charges of human rights abuse
The doctrine of sovereign immunity has its roots in the law of feudal England and is based on the idea that the ruler can do no wrong. In US law this is broadly applied to the heads of foreign states. [2] It was sovereign immunity that foiled an American attempt to sue Benedict XVI for the Vatican’s handling of child abuse by priests. The Church lawyers argued that the pope, as the Vatican’s head of state, enjoys immunity against lawsuits in US courts. [3]
In U.S. courts foreign countries are also generally immune from civil actions, with exemptions primarily for commercial acts. This means that unless a case can be brought in under an exemption the only recourse may be to try to sue the Vatican in a country which does not have diplomatic relations with it. However, as the map shows, most of the world’s countries (coloured blue) already recognise the statehood of the Holy See, as the Vatican is called officially.
There are very few (gray) countries left which don’t yet have diplomatic relations with the Holy See. These amount to just three island nations (the Comoros, north of Madagascar, theMaldives, southwest of India, and Tuvalu, north of New Zealand) — two African nations (Mauritania and Somalia) — three from the Middle East (Saudi Arabia, Oman and Afghanistan) — and eight from Asia (Bhutan, People’s Republic of China, North Korea, Myanmar, Laos, Vietnam, Brunei and Malaysia). [4]
The logistics of suing the Vatican from some of these countries could be daunting. Furthermore, due to the Vatican’s persistent diplomatic efforts, the number of countries which don’t recognise the Vatican is declining every year. (And one of the few left, Tuvalu, is gradually disappearing beneath the rising seas).
The Vatican’s web of diplomatic relations also makes its representatives immune to prosecution under international law. The 1961 Vienna Convention tries to provide diplomats with the security needed to perform their jobs. It is thanks to this treaty that states now express their displeasure by expelling the diplomats of a foreign country, rather than imprisoning them.
— Diplomatic immunity in action: Archbishop Wesolowski is whisked away to the Vatican
However, this treaty was never meant to allow accused rapists of children to go free. Yet this appeared to be the intention when Bishop Paul Gallagher, the papal nuncio or pope’s ambassador to Australia refused to hand over to prosecutors documents on two priests who had abused more than 100 children over 40 years. [5] The nuncio invoked diplomatic immunity. However, as a UN committee later reminded the Vatican, [6] as a signatory of the Convention on the Rights of the Child, it was obliged to hand over this evidence. [7] Pope Francis was apparently so pleased by the nuncio’s attempts to block justice in Australia’s worst clerical abuse scandal, that the next year he promoted him to archbishop and to the number three post in his kingdom the Vatican’s Foreign Minister. [8]
as happened in the Dominican Republic. [9] There on June 24, 2013 a deacon was arrested and admitted to procuring impoverished boys to be sexually abused by the papal nuncio Archbishop Jozef Wesolowski. [10] By the time the deacon appeared on TV and said that others in the Church knew about this [11] the nuncio had vanished. He had been secretly whisked away and reappeared in the Vatican.
At the TV station they suspected that there had been a leak.
A “dossier” accusing papal nuncio Archbishop Josef Wesolowski of sex abuse of minors was sent to Pope Francis sometime in July [2013] by Santo Domingo Cardinal Nicolás de Jesús López Rodríguez. The pope found the information credible enough to dismiss Wesolowski, nuncio to both the Dominican Republic and Puerto Rico, on Aug. 21 via confidential letter N.2706/PR to the bishops of both countries.
Neither the civil authorities nor the public knew about Wesolowski until a local TV program did an exposé on Aug. 31. The result of a year-long investigation, the broadcast contained testimony from residents of the Zona Colonial in Santo Domingo that Wesolowski paid minors for sex.
Three days after the TV broadcast, a local bishop confirmed that Wesolowski had been recalled for sexually abusing minors.
Wesolowski reportedly had left the country only a few days before. [12]
In this case the Vatican acted against its own much-touted guidelines:
the church failed to inform the local authorities of the evidence against him, secretly recalled him to Rome […] before he could be investigated, and then invoked diplomatic immunity for Mr. Wesolowski so that he could not face trial in the Dominican Republic. [13]
Once he was safely in Rome the Vatican “confirmed that Wesolowski is a citizen of the Vatican city state, that the Vatican doesn’t extradite its citizens and that as a nuncio, or Holy See ambassador, Wesolowski enjoys full diplomatic immunity”. [14] Experts in international law say that the Vatican could have lifted the nuncio’s diplomatic immunity to let him face trial in the Dominical Republic (which could hardly be accused of having an anti-Catholic judiciary). [15]
However, the Church came under increasing pressure when the United Nations Committee against Torture stepped in. In June 2014 it urged the Vatican, if the investigation warranted it, to either try Wesolowski itself under the Vatican State criminal code (not canon law) or let someone else do so — and report back on the outcome. [16]
In August 2014, the Vatican gave Wesolwski a secret canon law trial to determine if he had violated Church doctrine. The Vatican tribunal found Wesolwski’s guilty of abusing young boys and defrocked him. But it refused to provide any information about his whereabouts or how he pleaded to the charges and refused to release contact information for his lawyer. [17] This deprived Mr. Wesolowski of his diplomatic immunity — so the Vatican then fell back on his Vatican State citizenship as the reason for not handing him over.
To avoid further challenges to its jurisdiction, the Vatican refused to provide the necessary documents to Polish prosecutors, who had hoped to try Wesolowski, a dual Vatican-Polish citizen. [18] The Vatican also got the Dominican Republic to fall into line. In August 2014, the day after Wesolowski lost his diplomatic immunity, the Santo Dominican prosecutor’s office announced that it was launching an investigation. [19] However, by the end of the year, the Dominican Republic’s top prosecutor was expressing “appreciation and satisfaction” with the Vatican’s actions (!) and said that the Vatican was the right place for the trial. [20] The Dominican authorities even stonewalled the legal inquiries of Polish prosecutors about Wesolowski, [21] which forced Poland to suspend its inquiry. [22] This cleared the way for the Vatican to conduct its own trial under the criminal law of its own state, which would satisfy the UN commitee, but keep control over the proceedings.
A Polish expert on church law, Prof. Pawel Borecki, explained why the Vatican was determined to maintain control:
“The Vatican will seek that this case does not go beyond its borders. Wesolowski is a high-ranking diplomat. He has knowledge of how the Roman curia works. He may also know about pedophilia in the church and if other high-ranking priests are involved in the crime. In a trial abroad he could reveal everything. Therefore, we can expect that the Vatican will not release him and it will hand down a severe punishment.” [23]
♦ Keeping out of key human rights treaty shields Vatican courts from international standards
The Vatican can’t be censured for violating the right to a fair trial which is enshrined in the European Convention on Human Rights because it hasn’t signed the treaty. Instead, in a 2001 court case, it was Italy that was faulted for enforcing the unfair judgement of the Vatican court.
In essence the European Court of Human Rights found in 2001 that the procedures of the Roman Rota, the ecclesiastical appeals court responsible for marriage-annulment applications, failed to reach the standards required for a fair trial under article 6(1) of the European Convention and that, therefore, its judgments could not properly be recognized and enforced under Italian law. ECHR noted that in Rota proceedings witness statements were not provided to parties, thus depriving the parties of an opportunity to comment on them. The parties were not advised that they could appoint lawyers to appear for them, nor advised of the terms of the legal submissions made by the canon lawyer appointed by the court to argue against annulment. Finally, the parties were refused sight of a full copy of the Rota’s judgment, in which the ecclesiastical court set out its reasoning. Given these circumstances, the Strasbourg court took the view that justice was not done in annulment proceedings before church courts. [24]
♦ Damage limitation, part 1: Blame the bishops
If the Vatican doesn’t sign a human rights treaty, it’s easier to confine blame (and costs) to the local bishop. This helps the Vatican deny all responsibility for what is done in the Church worldwide. Thus the Vatican’s top prosecutor admits no fault on the part of the Church watchdog body, the Congregation of the Doctrine of the Faith which, under Cardinal Ratzinger (now the present pope), dealt with abuse cases. [25]
♦ Damage limitation, part 2: Blame the priests
Even better, from the Vatican’s point of view, is to place sole blame on the errant priests.
— In the US Vatican lawyers argued that Roman Catholic clerics are not officials or employees of the Holy See. [26] This is now the main Vatican defence against lawsuits in the United States seeking to hold the Holy See liable for the failure of its bishops to stop priests from raping and molesting children.
Usually foreign countries are immune from civil actions in U.S. courts, but there are exceptions to the Foreign Sovereign Immunity Act which courts have said were applicable in this case. The statute says that plaintiffs can establish subject matter jurisdiction over a foreign sovereign, if a crime was committed in the United States by any official or employee of the foreign state and that the crimes were committed within the scope of employment. [27]
— In the UK the same argument is being repeated. The English Catholic Church said priests are self-employed and thus it’s not responsible for victim compensation. Mindful of the dioceses in the US which were obliged to pay compensation to victims of clerical abuse and in some cases have gone bankrupt, [28] it has tried to argue that priests are self-employed. [29] However, in a High Court ruling on 8 November 2011 the judge rejected that argument, stating that the relationship between a priest and his bishop is sufficiently close so as to impose responsibility. According to the alleged victim’s lawyer, “This is a key decision with potentially far-reaching implications, effectively extending the principle of vicarious liability”. [30]
There are other theological variations on the responsibility theme: Whereas the Catholic Church says that its priests are self-employed, the Church of England, in order to avoid giving its priests workers’ rights, claimed they were employed by God. [31] And since 2008 it has said that they are “office holders”, in other words, employed by no one.
— In Australia, too, the Vatican tries to hold the priests, and not the Church, legally liable in cases of abuse. It does through the remarkable claim, supported in a 2007 decision by the Supreme Court of New South Wales, that the “Catholic Church” does not exist as a single legal entity. [32] Therefore it cannot be sued; it cannot be held responsible for the behaviour of individuals who work in its “unincorporated associations”. Victims of assault could sue the responsible individuals or their unincorporated associations but it would be pointless; the individual religious take vows of poverty and the unincorporated associations own nothing. [33]
However, in 2014 Cardinal George Pell suggested that the Australian Church was no more responsible for priests’ crimes than any other organisation was for its employees. [34] Yes, employees.
♦ Damage limitation, part 3: Blame religious orders then let them refuse to pay
The English High Court and Court of Appeal both ruled that a Catholic diocese was liable to compensate the boys in a Catholic home who had been beaten, kicked and raped. However, that didn’t stop the diocese from claiming that a religious order was responsible and refusing to pay. And, of course, the order also denied any responsibility. [35] By 2012 the legal proceedings had been dragging on for eight years and due to the strain, many of the broken victims had dropped out of the process. [36]
And in Ireland where the Catholic Church and 19 religious orders agreed to split the compensation 50-50, the orders, one after another, have refused to pay. As of 2012 this had been going on for ten years. [37]
Even the four orders of Catholic nuns who ran the Magdalene Laundries and profited from what amounted to slave labour have refused to pay. [38] The Good Shepherd Sisters, The Sisters of Our Lady of Charity, The Sisters of Mercy and The Sisters of Charity are keeping all the profits from selling prime real estate when their gulags were shut down are refusing to share this with their victims. [39]
In Canada it’s the same story. Eight Catholic orders ran the orphanages and psychiatric hospitals in the Province of Quebec. Federal subsidies were greater for psychiatric hospitals than for orphanages, so to maximise the profits, large numbers of normal children were “diagnosed” as feeble-minded or insane. In both kinds of Church-run institutions the children were subjected to unimaginable brutality and many died. Yet neither the orders involved nor the Vatican are willing to pay any compensation to the traumatised survivors. [40]
Since the pope is the head of every Catholic religious order, they must be doing this with his consent. As David Clohessy of the Survivors Network of those Abused by Priests, writes,
The Catholic church isn’t some loosely-knit hippie commune. It’s a rigid, secretive, tightly-knit institution. So when crimes happen, it’s disingenuous for church officials to pretend that everyone involved is disconnected from one another. [41]
♦ Damage limitation, part 4: Blame the victim
In a sworn deposition in 2011 the bishop of Syracuse actually said that the victims of child-molesting priests are partly to blame for their own abuse. [42]
♦ Damage limitation, part 5: Lobby against extending the time limits for suing the Church
Many victims are unable to talk about abuse or face their accusers until they reach their 30s, 40s or later, putting the crime beyond the reach of the law. Yet in some US states, like New York, the victim is required to come forth by age 23. The US Supreme Court ruled that changes in criminal limits (statues of limitation) cannot be retroactive, so that any extension of present ones they will affect only recent and future crimes. [43] However, even this the Catholic Church is lobbying to prevent. If it succeeds, then the time limits can prevent penalties being applied for human rights abuses. Even when the Church admits it knew about the abuse, the priest admits that he did it, and there is independent evidence to back this up, “if the statute of limitations has expired, there won’t be any justice”. [44]
♦ Damage limitation, part 6: other “evasions and machinations”
These include (but are not confined to):
— Spending millions of dollars to fight sexual abuse lawsuits and keeping sealed the names of thousands of accused priests, as well as the outcomes of some disciplinary cases sent to the Vatican. [45]
— Hiding funds to avoid compensating victims. In 2007 a judge in informed the Diocese of San Diego that its attempt to shift the diocese’s assets while the case was pending violated bankruptcy laws. [46] And that same year the Vatican allowed the Milwaukee archdiocese to transfer $57 million into a trust for Catholic cemetery maintenance, where it might be better protected, as Archbishop Dolan wrote, “from any legal claim and liability.” [47]
— Legal quibbles of all kinds. For instance, in 2011 church leaders in St. Louis claimed not to be liable for an abusive priest because while he had gotten to know a victim on church property, the abuse itself happened elsewhere. [48]
— Going after honest clerics who act as whistleblowers. A group of priests and nuns formed in 2013 says the Roman Catholic Church is still protecting sexual predators. Calling themselves the Catholic Whistleblowers, they say that priests who spoke up have been “removed from their parishes, hustled into retirement or declared ‘unstable’ and sent to treatment centres for clergy with substance-abuse problems or sexual addictions.” [49]
— Subjecting the victims to an oath of secrecy. This is the oath that the victims of the Irish paedophile priest Father Brendan Smyth were obliged to swear before Cardinal Sean Brady in 1975 when he was a priest and professor of canon law: [50]
“I will never directly or indirectly, by means of a nod, or of a word, by writing, or in any other way, and under whatever type of pretext, even for the most urgent and most serious cause (even) for the purpose of a greater good, commit anything against this fidelity to the secret, unless a…dispensation has been expressly given to me by the Supreme Pontiff.” [51]
— Tipping off accused clerics to allow destruction of evidence. In Australia in 2002, when a bishop learned that a child victim of one of his priests had gone to the police, he drove to a neighbouring town to warn him. This gave the priest, who was later comnvicted for repeatedly raping four children, the chance to destroy incriminating evidence. [52]
— Witness intimidation. In Germany in 2009 the Catholic Church hired detectives who turned at the homes of abused children and tried to get them retract their claims against one of its priests. [53]
— Hush money. In Australia in 2015 the nephew of a priest said that Cardinal Pell had tried to bribe him to keep quiet about abuse by his uncle. [54] And this tactic was proven to have been used in Germany in 1999, when cash payments were made to the parents of abused children at the same time as they signed agreement to remain silent. See Money for silence.
♦ The Church follows its own Canon Law (which can be changed by a stroke of the papal pen) and must be forced to comply with civil law which is based on human rights
Amnesty International criticised the Vatican in its 2011 report, claiming it “did not sufficiently comply with its international obligations relating to the protection of children”. AI pointed out that the Vatican enlarged its own definition of “crimes in canon law” beyond “the sexual abuse of minors” ― but not the punishments
Amendments to the canon law promulgated in May introduced the “delicts” of paedophile pornography and abuse of mentally disabled people; the maximum punishment for these “delicts” is dismissal or deposition. Canon law does not include an obligation for Church authorities to report cases to civil authorities for criminal investigation. Secrecy is mandatory throughout the proceedings. [55]
As if the record unpunished priest abusers were not proof enough, a letter written in 2001 by a senior Vatican official has come to light praising a French bishop when he was convicted of failing to report a paedophile priest to the police. In 2010 the Bishop was given a three-month suspended prison sentence for not denouncing the priest, who was sentenced to 18 years in jail in 2000 for sexually abusing 11 boys. [56]
However, Cardinal Castrillon Hoyos, Prefect of the Congregation of the Clergy, told the Bishop, “I congratulate you for not denouncing a priest to the civil authorities.” And he concludes the letter to the French bishop by holding up the Bishops’ behaviour as a model for others; “This Congregation, in order to encourage brothers in the episcopate in this delicate matter, will forward a copy of this letter to all the conferences of bishops.” [57]
The Cardinal said afterwards that his letter was about protecting the seal of the confessional in accordance with Church law (Canon 983), but there is no mention of this in the text itself and at his trial the Bishop disputed this. [58] However, even if this were true, this would not hold in France which has apparently legislated a “duty to report” where children are involved. “French law recognises the seal of the confessional as part of a protected category of ‘professional secrets’, but makes an exception for crimes committed against minors”. [59]
Later the Cardinal also dropped a bombshell. He claimed that, “After consulting the pope, I wrote a letter to the bishop, congratulating him as a model of a father who does not turn in his children.” [60]
If Castrillon Hoyos is telling the truth, then John Paul personally approved sending this letter in direct violation of the instruction Card[inal] Ratzinger’s CDF had sent down months earlier, urging bishops in countries where the law obliges them to report knowledge of sexual crimes against children to civil authorities, to follow the law. If Castrillon Hoyos is being truthful, it would suggest that, as far as the pontiff was concerned, the Ratzinger directive was window dressing. [61]
The Church record of stonewalling criminal investigations certainly suggests that, until and unless forced to do otherwise, Canon Law, the legal system of the Catholic Church, is all the Church feels bound to follow. The outspoken Monsignor Maurice Dooley, an expert on Canon Law, has even stated this publicly. In 2002 he declared that bishops did not have to tell the Irish police about paedophile clerics and might even shelter these priests. “As far as the Church is concerned, its laws come first.” [62] And in April 2010 the Brazilian Archbishop Dadeus Grings concurred, saying that priestly abuse was a matter of internal church discipline, not something to report to the police. “For the church to go and accuse its own sons would be a little strange.” [63]
And even senior churchmen claiming that it is Church policy to report suspected abuse to the police have been found to be lying. In Australia, for instance, despite assurances by a bishop that the church had enforced strict rules to ensure such cases were reported to the police as a “matter of absolute policy’”, he and an archbishop secretly defrocked an abuser who was assured that “your good name will be protected by the confidential nature of this process”. [64]
In 2014 a United Nations committee severely criticised the Vatican’s handling of abuse cases and its failure to comply with the Convention on the Rights of the Child.
The panel rejected the church’s key contention that the Vatican has no jurisdiction over its bishops and priests around the world, and is responsible for putting in effect the Convention on the Rights of the Child only within the tiny territory of Vatican City. By ratifying the convention, the panel said, the Vatican took responsibility for making sure it was respected by individuals and institutions under the Holy See’s authority around the world. [65]
To this the Vatican replied by using its usual shell game, switching between its three identities, as dictated by expediency: “The Committee has overlooked important distinctions between the Holy See, Vatican City State and the universal Catholic Church.” [66]
Further reading about the Pope and the law
Geoffrey Robertson, QC, “Put the pope in the dock. Legal immunity cannot hold. The Vatican should feel the full weight of international law”, Guardian, 2 April 2010. [This is a proposal to prosecute the Vatican under criminal law, where diplomatic immunity does not apply, but where an arrest could only be made in a country (like the UK, but not the US) which has signed the Statute of the International Criminal Court.]
“Call to treat Vatican as a rogue state: Lawyer Geoffrey Robertson says the church must abandon canon law”,Sydney Morning Herald, 9 September 2010. http://www.smh.com.au/world/call-to-treat-vatican-as-a-rogue-state-20100908-151cg.html
Afua Hirsch, “Canon law has allowed abuse priests to escape punishment, says lawyer”, Guardian, 7 September 2010. http://www.guardian.co.uk/world/2010/sep/07/canon-law-abuse-priests-escape-punishment
Alan Duke, “Lawsuit demands Vatican name priests accused of sex abuse”, CNN, 22 April 2010. “Pope Benedict XVI was named as a defendant because he has the ultimate authority to remove priests and because of his involvement in reviewing sex abuse cases when he was Cardinal Joseph Ratzinger, the suit says.” [This is a suit under civil law and, as the US has recognised the Holy See by establishing diplomatic relations with it, this suit depends upon proving that the Holy See acted in a manner which removes its immunity, as outlined above.]
Further reading about the Pope and the law
Geoffrey Robertson, QC, “Put the pope in the dock. Legal immunity cannot hold. The Vatican should feel the full weight of international law”, Guardian, 2 April 2010. [This is a proposal to prosecute the Vatican under criminal law, where diplomatic immunity does not apply, but where an arrest could only be made in a country (like the UK, but not the US) which has signed the Statute of the International Criminal Court.]
“Call to treat Vatican as a rogue state: Lawyer Geoffrey Robertson says the church must abandon canon law”,Sydney Morning Herald, 9 September 2010. http://www.smh.com.au/world/call-to-treat-vatican-as-a-rogue-state-20100908-151cg.html
Afua Hirsch, “Canon law has allowed abuse priests to escape punishment, says lawyer”, Guardian, 7 September 2010. http://www.guardian.co.uk/world/2010/sep/07/canon-law-abuse-priests-escape-punishment
Alan Duke, “Lawsuit demands Vatican name priests accused of sex abuse”, CNN, 22 April 2010. “Pope Benedict XVI was named as a defendant because he has the ultimate authority to remove priests and because of his involvement in reviewing sex abuse cases when he was Cardinal Joseph Ratzinger, the suit says.” [This is a suit under civil law and, as the US has recognised the Holy See by establishing diplomatic relations with it, this suit depends upon proving that the Holy See acted in a manner which removes its immunity, as outlined above.]
Notes
- Joseph Cardinal Ratzinger, Prefect, Congregation for the Doctrine of the Faith, “Instruction: Donum veritatis, On the Ecclesial Vocation of the Theologian”, 1990-03-24, #36.
- “”Immunity”, The Free Dictionary.
- John L. Allen Jr, “The autonomy of bishops, and suing the Vatican”, National Catholic Reporter, 21 May 2010.
- Sandro Magister, “The Holy See’s Diplomatic Net. Latest Acquisition: Russia”, Chiesa, 14 January 2010.
The Holy See does not yet have relations with sixteen countries, most of them in Asia, many of them with majority Muslim populations. There is no Vatican representative in nine of these countries: Afghanistan, Saudi Arabia, Bhutan, the People’s Republic of China, North Korea, the Maldives, Oman, Tuvalu, and Vietnam. While in seven other countries there are apostolic delegates, pontifical representatives to the local Catholic communities but not to the government. Three of these countries are African: the Comoros, Mauritania, and Somalia. And four of them are Asian: Brunei, Laos, Malaysia, Myanmar. - “Australian abuse inquiry faces diplomatic standoff with Vatican”, National Catholic Reporter, 19 December 2013.
- [UN] Committee against Torture, Concluding observations on the initial report of the Holy See, 17 June 201, #14.
- See article 6.1, “Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.” Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25 May 2000, entered into force on 18 January 2002,
- “British archbishop who claimed diplomatic immunity to avoid handing documents to paedophile investigators is promoted to third highest role in Vatican by the Pope”, Daily Mail, 10 November 2014.
- “Dominican Republic says Vatican to handle landmark sex abuse case”, Agence France-Presse, 1 December 2014.
- Laurie Goodstein, “Vatican Defrocks Ambassador in Abuse Inquiry”, New York Times, 27 June 2014.
- . “Priests accused of child sex abuse to stand trial in Poland?”, Radio Poland, 16 October 2013.
- Betty Clermont, “Pope Francis Concealed His Actions Against Two Prelates. Now Both ‘Whereabouts are Unknown’”, Daily Kos, 29 September 2013.
- Laurie Goodstein, “For Nuncio Accused of Abuse, Dominicans Want Justice at Home, Not Abroad”, New York Times, 23 August 2014.
- “Vatican to Polish prosecutor: we don’t extradite”, Associated Press, 11 January 2014.
- Laurie Goodstein, “For Nuncio Accused of Abuse, Dominicans Want Justice at Home, Not Abroad”, New York Times, 23 August 2014
- The United Nations Committee against Torture said on 17 June 2014, ref CAT/C/VAT/CO/1:
Impunity13. The Committee appreciates the confirmation provided regarding the ongoing investigation under the Vatican City State Criminal Code of allegations of sexual abuse of minors by Archbishop Josef Wesolowski, former papal nuncio to the Dominican Republic. The Committee notes that the Republic of Poland has reportedly requested the extradition of Archbishop Wesolowski. The Committee also is concerned that the State party did not identify any case to date in which it has prosecuted an individual responsible for the commission of or complicity or participation in a violation of the Convention (arts. 4, 5, 6, 7 and 8).
The State party should ensure that its competent authorities proceed to a prompt and impartial investigation of Archbishop Wesolowski and any other persons accused of perpetrating or being complicit in violations of the Convention who are nationals of the State party or are present on the territory of the State party. If warranted, the State party should ensure such persons are criminally prosecuted or extradited for prosecution by the civil authorities of another State party. The Committee requests the State party to provide it with information on the outcome of the investigation concerning Archbishop Wesolowski.
- “Dominican court opens case on ex-Vatican official”, Associated Press, 31 August 2014.
- “Poland Suspends Inquiry Into a Former Vatican Envoy”, New York Times, 22 December 2014.
- “Dominican court opens case on ex-Vatican official”, Associated Press, 31 August 2014.
- “Dominican prosecutor OKs Vatican sex abuse case”, Associated Press, 2 December 2014.
- “Poland suspends paedophilia investigation against archbishop”, Polski Radio, 19 December 2014.
- “Poland Suspends Inquiry Into a Former Vatican Envoy”, New York Times, 22 December 2014.
- Donald Snyder, “Venue debated for trial of former nuncio accused of abusing minors”, National Catholic Reporter, 6 September 2014.
- Pellegrini v. Italy, 2001-VIII, Application No: 30882/96
- Laurie Goodstein, “U.N. Panel Criticizes the Vatican Over Sexual Abuse”, New York Times, 5 February 2014.
- Stoyan Zaimov, “Catholic Church Not Employer of Pedophile Priests, US Judge Rules”, Christian Post, 22 August 2014.
- “Bishops who mishandle abuse must be accountable, says Vatican official”, Catholic Herald, 8 February 2012.
- “Pope-bishop relationship key in sex abuse defense”, AP, 18 May 2010.
- “Settlements and bankruptcies in [American] Catholic sex abuse cases”, Wikipedia.
- “Catholic bishop criticises ruling on church liability for actions of priests”, Guardian, 15 November 2011.
Crispian Hollis, Bishop of Portsmouth, “The Diocese, Fr Wilf Baldwin and the High Court Judgment”, 10 November 2011.
- “Catholic Church responsible for child abuse, High Court rules”, The Lawyer, 9 November 2011.
- Jonathan Petre, “Clergy close to workers’ rights”, Telegraph, 19 January 2004.
- Trustees of the Roman Catholic Church V Ellis & Anor [2007] NSWCA 117 (24 May 2007).
- Australian Cardinal angers abuse victims, The Tablet, 22 August 2014.
- Glen Coulton, letter to Sydney Morning Herald, 6 February 2011.
- “Church abuse case goes to highest court”, The Times, 23 July 2012.
- “Roman Catholic church stalls on £8m child abuse claims“, Observer, 15 November 2009
- “Counting the cost of abuse redress”, Irish Examiner, 01 October 2012
- “Kenny: I can’t force orders to contribute to Magdalenes redress fund”, Breaking News IE, 17 July 2013.
- Conor Ryan, “Site by laundry grave sold for €61.8m”, Irish Examiner, 05 July 2011.
- Petition concerning the Duplessis Orphans, presented to the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, on behalf of the Duplessis Orphans, by Dr. Jonathan Levy and Rod Vienneau, 15 April 2011. http://www.vaticanbankclaims.com/quebec.pdf This is a reliable summary, as any factual inaccuracies would expose this human rights lawyer to charges of perjury, as explained at the end of the document.
- “Child victims partly to blame in priest sex-abuse cases, Syracuse bishop testified”, Syracuse.com, 13 September 2015.
- “Judge: Try Philadelphia priests, official together”, AP, 29 July 2011.
- Marci A. Hamilton, “Why ensuring accountability for clergy sexual abuse of children has proved so difficult, even though it remains so crucial”, Findlaw, 6 May 2004.
- Marci A. Hamilton, a professor at the Benjamin N. Cardozo School of Law at Yeshiva University who represents plaintiffs in sexual abuse suits, quoted in “Church Battles Efforts to Ease Sex Abuse Suits”, New York Times, 14 June 2012.
- “Ahead of Pope Francis’ Visit, Survivors of Sexual Abuse Take Stock”, New York Times, 15 September 2015.
- Amnesty International, Annual Report, 2011: “Vatican”.
- “Dolan Sought to Protect Church Assets, Files Show”, New York Times, 1 July 2013.
“Appeals court: Judge erred on Milwaukee archdiocese fund”, AP, 10 March 2015.
- “Judge Orders External Audit of San Diego Diocese Accounts”, Associated Press, carried in San Luis Obispo Tribune, 11 April 2007.
- “Abuse victims criticise Brady’s decision to stay”, BBC News, 18 May 2010.
- “Revealed: the oath Brady, Smyth and the children swore”, Irish Independent, 3 December 2012.
- “Courage puts shame ‘squarely where it belongs'”, Sydney Morning Herald, 24 July 2013.
- “Church Whistle-Blowers Join Forces on Abuse”, New York Times, 20 May 2013.
- “Cardinal Pell denies attempting to bribe alleged abuse victim and helping to move paedophile priest”, Tablet, 21 May 2015.
- “Mo. appeals court rules Catholic church not responsible for some abuse”, St. Louis Public Radio, 5 July 2011.
- “How the German Catholic Church Protected a Pedophile Priest”, Spiegel, 24 April 2009.
- Tom Heneghan, “John Paul backed praise for hiding abuse – cardinal”, Reuters, 18 April 2010.
- Cardinal Darío del Niño Jesús Castrillón Hoyos to Bishop Pierre Pican, 8 September 2001. Translation in “Darío Castrillón Hoyos”,
- John L Allen Jr, “Crisis hangs over pope in Malta like volcanic ash”, National Catholic Register, 17 April 2010.
- Tom Heneghan, “John Paul backed praise for hiding abuse – cardinal”, Reuters, 18 April 2010.
- Rod Dreher, “Cardinal: John Paul approved of cover-up”, Beliefnet, 18 April 2010.
- Ciaran Byrne, “Controversial cleric a ‘grade A1 idiot’, says colleague”, Irish Independent, 20 March 2010.
- “Catholic archbishop says kids are spontaneously gay”, Examiner.com, 8 May 2010.
- “Calls multiply for inquiry into handling of sex abuse”, Sydney Morning Herald, 1 August 2012.
- Laurie Goodstein, Nick Cumming-Brice and Jim Yardley,“ U.N. Panel Criticizes the Vatican Over Sexual Abuse”, New York Times, 5 February 2014.
- “Holy See’s Comments to Observations From UN Committee on Rights of the Child”, Zenit, 26 September 2014.
2 Paths, No Easy Solution on Abusive Priests
2 Paths, No Easy Solution on Abusive Priests
By LAURIE GOODSTEIN and JODI WILGOREN
Published: March 3, 2002
From the link: http://www.nytimes.com/2002/03/03/us/2-paths-no-easy-solution-on-abusive-priests.html?pagewanted=all
ST. LOUIS, March 1— It has been 20 years since John Scorfina’s family complained to church officials about the Rev. Leroy Valentine’s sexualized horseplay with him and his two brothers, which they say ended with the priest molesting 11-year-old John.
It has been four years since the Scorfina brothers took $20,000 each from the Archdiocese of St. Louis on the condition they never speak of the settlement, believing that lawyers for the church had promised to remove the priest from parish work.
But when the three men recently learned that Father Valentine, who has denied any wrongdoing, was an assistant pastor at a church attached to a Catholic elementary school, the order not to speak could not contain their outrage.
”I just don’t want any kids to go through what I went through,” John Scorfina said this week.
Across the Mississippi River in Belleville, Ill., the priests who have been accused of sexual abuse no longer work in churches. One performs karaoke on Wednesday nights at the Lincoln Jug restaurant in Belleville and another pumps gas at his mother’s service station in the small town of Columbia.
In the mid-1990’s, the Diocese of Belleville publicly ousted 13 priests accused of inappropriate sexual contact with children, leaving them in an odd limbo — on the church payroll yet without portfolio, called ”Father” but barred from administering sacraments or wearing the collar. ”In the church,” said one, the Rev. Raymond Kownacki, ”you’re guilty until proven innocent.”
Here in the center of the country, these two dioceses — one, in a major city in which a third of the population is Catholic, the other a sprawling 11,000-square-mile expanse of small farm towns — have taken divergent paths in handling accusations of sexual abuse by clergymen.
While Belleville made headlines by removing priests, St. Louis quietly moved them around. Each diocese has a board to review the cases. In Belleville, a victim’s say-so was often enough for the board to strip priests of their church ministries; in St. Louis, many victims said they were unaware of the board’s existence.
As church officials nationwide rethink their approaches to the issue amid recent scandals, each bank of the river offers lessons about the intractability of the problem.
Belleville’s broad public sweep of priests from the altar may have eased victims’ pain, but it also left some parishioners uneasy that innocent men were being maligned, while others worried about potential pedophiles being released from the rectory, unwatched. The policy in St. Louis, until this week, of keeping nearly all accusations secret as the archdiocese moved the priests into new parishes, retirement, or low-profile posts, angered victims and may have led to further offenses.
The issue of sexual abuse by priests has taken on new urgency in recent months after disclosures that the Boston Archdiocese had known for years about the sexual misconduct of a priest who was accused of molesting some 130 children. That case led to repeated apologies from the leader of the archdiocese, Cardinal Bernard Law, who reversed his policy of keeping the matter within the church and gave state authorities the names of some 80 priests accused of abusing children over 40 years.
Since then, church leaders in New England and Philadelphia have informed parishes of similar accusations against priests, handed priests’ personnel files to prosecutors and relieved some of the accused of their duties. In Los Angeles, Cardinal Roger Mahoney issued a public apology to victims and released a new policy vowing that a priest who had abused a child would never return to active ministry.
Here in St. Louis, an archdiocese of 223 parishes, church officials announced the removal of two pastors today, saying they had ”raised the bar” about who is unfit to serve in a parish post. The standard, since 1996, had been that any priest deemed to pose a future risk would be removed. Since the Boston incidents, they say that any priest with a substantiated accusation against him will be ousted. The two priests received treatment after the accusations, which are 15 and 14 years old, officials said.
”As painful as it is, we’re going to keep the trust of our people,” said Bishop Timothy M. Dolan, the vicar for priests. ”We have to be able to say, we have to be able to believe, that there is no priest in a parish against whom there is a credible claim of clerical sexual abuse.”
Accusations about pedophilia have plagued the Roman Catholic Church in the United States since the first major case arose nearly 20 years ago in a Louisiana parish. Experts warn that, like alcoholism, pedophilia is a disease that can be controlled but not cured, and that problem priests should not be reassigned to parishes where they are at risk of abusing again.
David Clohessy, national director of the Survivors Network of Those Abused by Priests, who lives in St. Louis, says the experiences of Belleville, while flawed, are a starting point as bishops review policies. St. Louis, he says, is a model of what to avoid.
”In Belleville, like virtually every diocese in America, the survivor who comes forward has a long tough road,” he said. ”But in St. Louis, that road is steep, uphill, and seemingly endless.”
St. Louis
Parishioners Uneasy But Dependent
Father Valentine was the favorite of many children at St. Pius X, a parish and school in Glasgow Village, a community of identical aluminum-sided bungalows in the northern part of St. Louis. The priest took them out for ice cream and cheeseburgers. He lavished affection on children like the Scorfinas, who came from single-parent or troubled families. ”He was like the dad that wasn’t there,” said John Scorfina, who now runs a construction company.
Father Valentine, in an interview on Thursday at the rectory of St. Thomas the Apostle, where he is now an associate pastor, said he was barred by the legal settlement from discussing the case. When told that this was his opportunity to respond to whether there was any truth to the accusations, he looked down and shook his head. The senior pastor, the Rev. Henry Garavaglia, who sat in on the interview, said, ”Emphatically, I would say no.”
Then Father Valentine looked up and said suddenly, ”At the same time, parents should always be concerned who’s working with their children.”
Others who lived in Father Valentine’s parish said they felt uneasy about him, particularly when he wrestled with groups of boys and slid them over his body in a game he called ”crack your back.”
Tom Joseph, 32, remembers a 1982 trip with Father Valentine to the Illinois River in which he says the priest playfully tackled him, pulled down his pants and spanked him. Mr. Joseph, then 13, did not tell anyone, but says that he never went anywhere with the priest again.
Margie Lewis, a single parent, said that one day she called home and was surprised to learn from her daughter that Father Valentine was there wrestling with her son and his friends. She said that she asked him to come to the phone, but he would not, and that he left suddenly.
The Scorfina brothers were also home alone on the day they say that Father Valentine came over, and initiated a wrestling session. Soon, they say, the priest fondled two of the boys and then took John into a bedroom and sodomized him.
”I remember I had a Pittsburgh Steelers poster on the wall, and he made me name all the players until the deed was done,” John Scorfina said. Asked in his 1998 deposition how long it lasted, Mr. Scorfina said, ”About 10, 15 minutes, maybe, give or take, say, forever, 26 years.”
Katie Chrun, the Scorfinas’ mother, recalled that when she arrived home her youngest son asked: ” ‘Mom, should a priest touch you like that?’ I said, ‘Like what?’ ”
Mrs. Chrun said she contacted the authorities, but was told by pastors and a policeman that it was an internal church matter and to keep quiet and be forgiving.
Then, three months later, Mrs. Chrun, her mother and her sister went to meet with Father Valentine in the rectory. Mrs. Chrun and her sister, Linda Thurman, both say that he apologized and said that if he did something wrong, he must have blacked out.
Asked about the meeting, Father Valentine said, ”It was an apology that they had taken something wrongly.” He said he never said anything about blacking out.
Within the month, Father Valentine was removed with no explanation to the Scorfinas or the parishioners, and in the next 12 years was reassigned to three parishes, two of them with schools. Not until the Scorfina brothers filed their lawsuit, in 1995, were parishioners at the church where he worked at that time informed that there were accusations of child sexual abuse against him. The Scorfina brothers sued the Archbishop of St. Louis and Father Valentine and the archdiocese settled with the family in 1998.
Though they refused to discuss specific cases, Bishop Dolan, who also handles sexual abuse cases for the archdiocese, as well as the archdiocese’s lawyer and a psychologist who sits on the review board acknowledged that Father Valentine had been evaluated and treated by medical professionals, and that he had been put on sick leave for four years.
In 2000, as Father Valentine was assigned to his current post in Florissant, a St. Louis suburb, the church’s senior pastor sent parishioners a letter informing them about a 1982 accusation of sexual misconduct against Father Valentine. The letter said Father Valentine had ”unambiguously denied the allegation” and that therapists had concluded he posed ”no threat to children.”
Complaints
Some Settled, Some Unheeded
Interviews and court records suggest Father Valentine’s is not the only St. Louis case where accusations led to transfers — or where victims complained of being ignored by the chancery.
Church officials refused to say how many priests, before last week, had ever been publicly removed because of sexual abuse. Doug Forsyth, a lawyer who has handled about two dozen cases against the archdiocese — 15 of which he said were settled — and victims’ advocates said the only cases they were aware of in which removal was publicly attributed to pedophilia were ones in which the priests did not deny the accusations in court.
One of those priests, the Rev. James Gummersbach, admitted in a 1994 lawsuit that he had abused boys in several parishes over decades. Further, in a sworn statement, he acknowledged that from his ordination in 1954 through the 1990’s ”the only known action taken by the defendant archdiocese in response to the accusations that defendant Gummersbach had sexual contact with minors was to transfer Gummersbach and instruct him to obtain personal counseling.”
One man who said his complaints about a priest went unheeded was Steven Pona. Court records show Mr. Pona, now 33, wrote to the the vicar general in 1983 contending that that the Rev. Bruce Forman, director of the Young Catholic Musicians orchestra and choir, tried to seduce him at a drive-in screening of ”Fast Times at Ridgemont High.” Mr. Pona said the incident followed at least five occasions in which the priest tried to approach him sexually.
”During the movies he had his arm around me in a funny sort of way, sort of at the waist,” Mr. Pona wrote in a teenager’s cursive. ”I pushed his arm back forcefully and said, ”Don’t, I’m not that type.’
Diocesan directories show that Father Forman, who did not return calls for comment, was moved only once in the last 20 years, in 1986, to the parish where he remains pastor. Mr. Pona’s letter, in a sealed envelope, was placed in the priest’s file, marked, ”To be opened by archbishop only,” according to court records.
Mr. Pona’s lawsuit, filed against Father Forman and the archbishop, was dismissed because of the statute of limitations. But as the issue resurfaced in the news in January, Mr. Pona said, he went to see Bishop Michael J. Sheridan, who at first was compassionate but later phoned to say he had researched the case and found no evidence.
On Friday, Bishop Dolan said Mr. Pona’s recent complaint might have gotten lost because it arrived shortly before Bishop Sheridan left for another assignment. Bishop Sheridan did not return several phone calls on Thursday. In the interview today, Bishop Dolan urged parishioners to ”tell us again” if they were unhappy with how complaints had been handled.
The archdiocese’s new strategy of removing priests based on substantiated accusations rather than assessment of future risk has already spawned criticism. Parishioners at St. Cronan’s Church, where the pastor was removed on Wednesday, gathered that evening to pray for their priest.
”People are feeling that it’s sort of an infringement of our Christian community to have someone taken from us without any consultation and without any explanation,” said Bill Ramsey, a member of St. Cronan’s. ”I don’t think anybody wants sexual abuse anywhere, but it’s a fact of life and there are more constructive ways to deal with it than ordering people away from other people.”
Belleville
Model System Still Falls Short
The church used to shuffle priests accused of sexually abusing children among the 127 parishes in the Belleville diocese, too.
In a 1995 lawsuit against Father Kownacki, one of the ousted priests, and the diocese, Gina Trimble Parks asserted that while she was the priest’s teenage housekeeper, the priest repeatedly raped her over two years and ultimately fed her a quinine potion to bring about an abortion. Court records show Ms. Park’s family made the same assertions to the bishop in 1973, and that Father Kownacki had two previous complaints of sexual abuse against him from other assignments. He was sent for treatment and later returned to a parish.
The lawsuit was dismissed because of the statute of limitations. ”I was too old to fight it,” he said of his ouster in a recent interview, adding that his family and friends ”know the accusations aren’t the truth.”
The Rev. Clyde Grogan, longtime pastor of St. Patrick’s in East St. Louis, said he brought several victims and their families to the chancery to register complaints in the 1960’s and 1970’s, and nothing happened.
”You know how it was handled?” asked Father Grogan, raising his hand and forming a zero with thumb and forefinger. When victims complained, he added, ”The bishop would give lots of assurances. I think the strategy was, what do the people want to hear?”
That changed in 1993, after The Belleville News-Democrat published an article describing how a priest had molested high school boys aboard a houseboat on Carlyle Lake 20 years before. The accused priest was immediately removed and church leaders began rewriting their sexual abuse policy.
Four priests were ousted in the weeks that followed and eight more priests and a deacon were pushed out in the next two years as the diocese investigated a swell of complaints, most of which first appeared in The News-Democrat.One as eventually returned to a parish.
”We were kind of learning as we went,” said Msgr. James E. Margason, Belleville’s vicar general, who helped write the new policy. ”We were damaging someone’s reputation, we didn’t know if the allegation was true. What drove us was to protect children.”
Margie Mensen, a social worker who was the administrator of the Belleville review board from its formation until 1998, said a credible accusation from a victim was enough to remove a priest, often within days of the complaint. Many of the priests never presented their side to the board; only one admitted the abuse. Several refused treatment.
The diocese has since settled at least three of eight lawsuits (one is still pending in federal court) and paid for counseling for 49 people, including victims and their families. Though the state’s attorney subpoenaed all the review board’s records, it filed no charges, because the accusations were years old and lacked corroboration.
But if Belleville has been heralded as a model, many in the community remain dissatisfied with the process.
Father Grogan says the diocese’s 80-some priests are still divided as to whether they believe the abuse accusations. Parishioners at one church wore yellow ribbons to protest their pastor’s removal. Donations dipped for years as people feared the Sunday collection plate would go to defray legal expenses.
Those who say they are victims remain outraged that the priests retain their titles, salaries and pensions.
”That’s kind of a slap in the church’s face, my face, everybody’s face,” said Mary Aholt, whose husband was among those to receive a settlement. ”Everybody that’s paying their salary, and that’s everyone that belongs to the Catholic Church.”
Others worried that the church is not properly supervising the people it had deemed a problem. The Rev. Louis Peterson works in a restaurant in Lebanon, Ill. Father Kownacki collects coins and stamps in a dingy first-floor apartment in Dupo, Ill., where he said he sometimes celebrates Mass for family and friends, against the rules of his administrative leave. The Rev. David Crook has left the area.
”I have a whole new life,” said the lounge singer at the Lincoln Jug Restaurant, Msgr. Joseph R. Schwaegel, who still faces a federal lawsuit, along with the diocese, by a California man who asserts that Father Schwaegel repeatedly touched his genitals and raped him in 1973, when the plaintiff was 8. Father Schwaegel declined to discuss the case.
The Rev. Robert Vonnahmen, a former camp director who faced at least three lawsuits accusing him of luring boys to his cabin for massages that led to molestations, runs a Catholic retreat center and a $3-million-a-year tax-exempt tour company, formerly owned by the church, which leads Catholic ”pilgrimages” to dozens of destinations. (Two of the lawsuits were dismissed because of the statute of limitations, a third was settled out of court.)
At his office the other day, Father Vonnahmen wore a short-sleeved black shirt with Roman collar, button open, defying the church’s sanction. He has denied all accusations against him, twice petitioned the Belleville review board to reinstate him and has now appealed his case to the Vatican. ”I’m not going to give up on the Lord or the church, either one,” he said. ”I know these things happen occasionally. I can’t imagine the large number of people in Belleville. There was a rush to judgment.”
No Belleville priests have been removed since 1997. Monsignor Margason said the 800-number set up to receive abuse complaints has been silent for a year.
Long road toward priest’s removal traces church’s abuse journey
Long road toward priest’s removal traces church’s abuse journey
The St. Louis Archdiocese had what Archbishop Robert Carlson called sad news about clergy sexual abuse.
On May 1, the archdiocese posted a statement from Carlson on its website saying he had permanently removed the Rev. Leroy Valentine, 71, from ministry. An internal, lay investigatory board had determined that “incidents” taking place “in the 1970s” which had been “only recently brought to our attention” were credible, Carlson said.
The archdiocese also published an article in its weekly newspaper, the St. Louis Review, about Valentine’s removal saying the “allegation of abuse occurred in the 1970s.”
A closer look at Valentine’s story reflects a 30-year journey that neatly embodies the Roman Catholic church’s struggle to deal with its sexual abuse troubles over that time.
It’s a sad story — Carlson is right — about a priest who has been repeatedly accused of abuse, and yet neither the law nor the church can prove it. So the archdiocese, despite proclaiming again and again through the years that no allegation against Valentine has been found credible, says he’s “been monitored and supervised continuously since 1999.” He is not guilty. He is not innocent.
In 1995, three adult brothers sued the archdiocese accusing Valentine of molesting them in 1982. The brothers had been members at St. Piux X Catholic Church in the Glasgow Village area and attended the school there.
Valentine denied the charges, and then-Archbishop Justin Rigali backed him up in court. He put Valentine on administrative leave, and for a time Valentine entered a Catholic facility for troubled priests in eastern Franklin County. Subsequently his address was listed as a St. Louis apartment building.
In 1998, the archdiocese paid each of the brothers $20,000 settlements, and the following year Rigali assigned Valentine to a new parish.
In its story this week, the Review said that Valentine had “repeatedly stated” that the brothers’ allegations was untrue, and “was not found to be credible by civil authorities, and he was returned to active ministry.”
Rigali assigned Valentine to be associate pastor of St. Thomas the Apostle in Florissant in October 1999. In a letter to parishioners, the church’s pastor said “the conclusion of the therapists who evaluated Father Valentine is clear that he poses no threat to children. Additionally, the allegation has been resolved with no finding of guilt or liability on the part of Father Valentine.”
But a little more than two years later, the clergy abuse crisis had rocked the Catholic church back on its heels, and Valentine became the subject of a front-page New York Times story and multiple stories in the Post-Dispatch.
As the crisis expanded during the first months of 2002, the St. Louis archdiocese tightened its abuse policy saying no priest with a substantiated allegation of child sexual abuse would be allowed to work in a pastoral setting or a position that provided access to children.
After two priests accused of abuse resigned under the new policy, the archdiocese was under pressure to answer questions about any of its priests who had been accused of abuse in the past. Then-auxiliary Bishop Timothy Dolan (now a cardinal and archbishop of New York) said allegations against Valentine and two other priests who had been sued in civil court were unsubstantiated. The archdiocese had no plans to remove them or to review previous complaints, he said.
“There is nobody we are worried about in the ministry,” Dolan said.
He told the New York Times that, “we have to be able to say, we have to be able to believe, that there is no priest in a parish against whom there is a credible claim of clerical sexual abuse.”
Three days later, the archdiocese issued a statement specifically about Valentine, saying it “continues to support Father Valentine in his ministry to the people of St. Thomas the Apostle Parish.”
But then, a few weeks later, a former altar boy came forward. He was 32, and told the Post-Dispatch that he was 8 at the time Valentine had molested him, in 1978 at Immacolata Church in Richmond Heights. Valentine allegedly put the boy on his lap while hearing his confession, then put his hands in the boy’s pants.
“I was molested during the first sacrament I ever received,” the man said.
The archdiocese said then that it was investigating new accusations against Valentine “from many years ago.” The alleged misconduct dated to the 1980s, the archdiocese says now.
Valentine resigned from St. Thomas during that investigation but maintained his innocence, saying his departure was “in the best interest of our parish family, of the archdiocese and for my own personal well-being.”
But eventually, the allegations leading to Valentine’s resignation were also found to be unsubstantiated by the archdiocese’s advisory board.
And yet despite being cleared by the archdiocese, Valentine never returned to public ministry.
From his resignation in 2002 until 2005, Valentine lived in a private residence, according to the statement. Since then, he’s been living “in a retirement home.” Public records indicate that is Regina Cleri, the archdiocese’s retirement home for priests on its campus headquarters in Shrewsbury. A request to speak with Valentine went unreturned.
The archdiocese did not distribute a release about Valentine to the secular press. It declined to directly answer questions provided by the Post-Dispatch for this column. It also declined to make anyone available for an interview. Instead, it issued a statement from Phil Hengen, director of its Child and Youth Protection office, who said the recent, credible allegation took place in 1978.
The allegation involved “inappropriate touching of a minor” and the archdiocese learned of it last summer, Hengen said in the statement.
Archdiocese spokeswoman Angela Shelton said the recent allegation involves a single person who says Valentine abused him “on more than one occasion.”
Archdiocese officials investigated, and the process concluded with Carlson’s announcement May 1.
“Father Valentine,” according to Hengen, “will continue to live in a monitored, secure environment.”