Acta Apostolicae Sedis - Commentarium Officiale700

5. Civil law and canon law

The sexual abuse of children is a crime. It is a crime in civil law; it is a

crime in canon law. Sexual abuse perpetrated by clerics has two distinct

aspects. The first is concerned with the civil and criminal responsibility of

individuals, and this, being a matter for the civil authorities, is regulated

by the laws of the State where the crime is committed. As has already

been stated, all citizens, including members of the Church, are subject and

accountable to these laws. It is the State's responsibility to legislate in

order to protect the common good and adopt measures to deal effectively

with those who infringe its laws. The State has the duty to investigate

allegations of crime, to ensure due process and the presumption of

innocence until guilt is proven and to punish wrongdoers, without favour

or distinction, in accordance with the principles of justice and equity.

The second aspect is religious in nature and as such comes under the

internal responsibility of the Church, which, in this regard, applies her own

legal or canonical system. Positive ecclesiastical laws are binding on all those

who "were baptized in the Catholic Church or received into it, and who have a

sufficient use of reason and, unless the law expressly provides otherwise, who

have completed their seventh year of age" (Code of Canon Law, canon 11). It is

evident that the Church, in accordance with her own nature and internal

organization, has the duty to punish wrongdoers for the grave and grievous

damage done to the community of the Church. With regard to those areas of

responsibility for which the Church has competence, her canonical system

stipulates the norms, procedures and penalties which the relevant Church

authority is to apply, without interference from any outside body. When

cases arise of child sexual abuse committed by clerics or by religious or lay

people who function in ecclesiastical structures, Church authorities are to

cooperate with those of the State, and are not to impede the legitimate path

of civil justice.

6. Church legislation on child protection

The Cloyne Report presents some of the more important elements of the

canonical legislation of the Church concerning the handling of cases of child

sexual abuse and notes how this legislation has evolved in recent years.

However, in his Dáil speech Mr Kenny did not acknowledge that, especially

from 2001 onwards, the Holy See, in consultation with Episcopal Conferences