Category Archives: Code of Canon Law
Australian bishop testifies on prevalence of child sex abuse in the church
Dying of cancer, Bishop Emeritus Geoffrey Robinson appeared Aug. 24 before the Australian Royal Commission into Institutional Responses to Child Sexual Abuse to testify to the prevalence of child sexual abuse in the church.
He painted a sad picture of a brave and lonely Sisyphus with his band of bishops in tow, pushing a boulder with a reasoned response to the crisis up the Vatican Hill, only to have it pushed back by popes and cardinals who had no idea about the issue and a blindness about the incapacity of canon law to deal with it.
“However great the faults of the Australian bishops have been over the last 30 years, it still remains true that the major obstacle to a better response from the church has been the Vatican,” Robinson told the commission. Most of the Roman Curia saw the problem as a “moral one: if a priest offends, he should repent; if he repents, he should be forgiven and restored to his position. … They basically saw the sin as a sexual one, and did not show great understanding of the abuse of power involved or the harm done to the victims.”
Robinson entered the seminary at 12-years-old, was ordained a priest, and became a canon lawyer and then auxiliary bishop of Sydney. In 1996, when revelations of clergy sexual abuse of children in Australia had reached a crescendo, the Australian Catholic Bishops Conference appointed him to find a solution. In 2004, he resigned as auxiliary bishop of Sydney after concluding that the church’s response was still inadequate.
“I eventually came to the point where I felt that, with the thoughts that were running through my head, I could not continue to be a bishop of a church about which I had such profound reservations,” Robinson wrote in a 2008 book Confronting Power and Sex in the Catholic Church. “I resigned my office as Auxiliary Bishop of Sydney and began to write this book, about the very foundations of power and sex within the church.”
He wrote books and went on lecture tours, calling for radical reforms within the church, and in the process lost and gained many friends.
He quickly came to the conclusion after his appointment by the Australian Catholic Bishops Conference to draw up a protocol to deal with child sexual abuse in 1996, that canon law was so inadequate for cases of sexual abuse that it would be a sham to use it. “We would have to invent something of our own,” he told the Royal Commission.
Prior to 1983, when he was consulted by the Vatican about a new draft of the Code of Canon Law, he found the words “pontifical secret” stamped over the document. He complained that if he were to give a reasoned response, he needed to discuss it with colleagues. He was told: “Just don’t give it to the media.”
In 1996, Robinson devised a protocol called “Towards Healing,” a system that was “outside, and indeed contrary to canon law.” In the first draft, he required these crimes to be reported to the police as the police were not the media. Pope Paul VI’s instruction, Secreta Continere of 1974, imposes the pontifical secret over allegations of clergy sexual abuse of children and contains no exception for reporting to the police. The barrage of statements by senior Curia figures from 1984 to 2002 made it abundantly clear that bishops should not report these allegations to the police.
But that was not the only conflict that “Towards Healing” had with canon law. It had its own system of investigation, and clergy could be placed on permanent “administrative leave.” None of this complied with canon law.
In his perceptive notes of the meeting in the Vatican in April 2000 to discuss child sexual abuse, Robinson wrote that the members of the Roman Curia showed an “an overriding concern to preserve the legal structures already in place in the Church and not to make exceptions to them unless this was absolutely necessary.”
He told the Commission how Italian Archbishop Mario Pompedda told the delegates how they might get around canon law, but he did not want a law that he had to get around. He wanted one he could follow, but “they never came up with it.” Robinson came away from that meeting knowing that the Australian bishops had no choice but to continue to go it alone, irrespective of what the fall out might be.
The extent to which he and the other Australian bishops were prepared to do that is starkly illustrated in the minutes of the Australian Catholic Bishops Conference of Nov. 28, 2002, where they resolved to disobey Pope John Paul II’s 2001 Motu Proprio, Sacramentorum Sanctitatis Tutela, which required all complaints of child sexual abuse to be referred to the Congregation for the Doctrine of the Faith which would then instruct the bishop what to do. They would only refer those cases where there was no admission by the priest that the abuse had occurred. Robinson told the Commission that the purpose behind that was to avoid being told by Rome what to do with those priests who admitted the abuse. That decision was well justified given the figures presented to the United Nations by the Vatican that only one third of priests against whom credible allegations of child sexual abuse had been made, have been dismissed. The claim that the Vatican has a policy of zero tolerance is pure spin.
This defiance of canon law was never going to last. Patrick Parkinson, professor of law at Sydney University, appointed by the Australian Catholic Bishops Conference to review “Towards Healing,” pointed out the problems of a local protocol that conflicted with canon law: priests permanently removed from the ministry simply appealed to Rome which ordered their reinstatement. The bishop had to comply or be sacked. Robinson told the Commission that “Towards Healing” was initially successful because a number of priests accepted that they could not continue to work as a priest, but “it later fell down because both sides changed.” Priests started to defend themselves with canon lawyers, and the victims went to civil lawyers.
Robinson was very critical of Pope John Paul II for a lack of leadership on this issue, and particularly his imposition in 1983 of a five-year limitation period that effectively meant that there could be no prosecution of priest paedophiles under canon law because their crimes had been “extinguished.” Prior to 1983, there was no limitation period for these crimes. After 1983, if a child was abused at the age of 7, and did not complain by the age of 12, there was no possibility of dismissing the priest under canon law.
Figures presented to the Commission indicate that in Australia, the limitation period meant that only 3 percent of accused priests could be dismissed, and that figure only increased to 19 percent with the extension of the period to 10 years from the 18th birthday of the victim in 2001. Robinson said the church has still not had the appropriate leadership on child sexual abuse from Pope Benedict XVI and not even from Pope Francis.
Robinson also criticized Australian Cardinal George Pell for refusing to join the other Australian bishops in adopting the “Towards Healing” protocol. Pell was party to the two-year consultations leading up to its adoption in November 1996, but, without reference to anyone, announced he was setting up his own system, the “Melbourne Response,” and then claimed he was the first in Australia to do something about clergy sexual abuse. Apart from accusing Pell of destroying a unified response from the Australian bishops, Robinson said he was an “ineffective bishop” for having lost the support of the majority of his priests who wished for him to be transferred somewhere else. Their wish was fulfilled. He is now in charge of the Vatican finances.
A reading of the many documents tendered to the Royal Commission provides even more evidence that the Vatican’s all but useless disciplinary system caused far more children to be abused than would otherwise have occurred. Robinson fought the good fight, but was ultimately defeated and resigned, exhausted.
In the end, the Australian bishops abandoned the courage they displayed under his leadership, and followed the lead of Pope Benedict XVI who, in his 2010 Pastoral Letter to the Catholics of Ireland, ignored the Murphy Commission’s criticisms of canon law, and blamed the Irish bishops for failing to follow it. In submissions to the Victorian Parliamentary Inquiry and to the Royal Commission, the Australian bishops ignored what they knew of canon law’s failings, and blamed their predecessors for making “terrible mistakes” when their predecessors were demonstrably complying with canon law.
Australia has a peculiar cultural habit of creating heroes who struggle in vain, and are defeated — from the bushranger, Ned Kelly to the soldiers who were massacred at Gallipoli in the First World War. The Catholic church needs some heroes. Robinson, now terminally ill, is one of them.
[Kieran Tapsell is the author of Potiphar’s Wife: The Vatican Secret and Child Sexual Abuse (ATF Press 2014).]