Acta Benedicti Pp. XVI 703

In April 2010, with a view to providing information to non-specialists on

the canon law and procedures applicable to allegations of child sexual abuse

perpetrated by clerics, the Congregation for the Doctrine of the Faith issued

a Guide to Basic CDF Procedures concerning Sexual Abuse Allegations. This

Guide, which is quoted in the Cloyne Report (4.26), does not introduce new

legislation but does describe in a non-technical way how the Congregation

deals with cases of child sexual abuse according to the norms of Sacramento-

rum sanctitatis tutela and how it responds to various other queries which

frequently arise in connection with such cases. With regard to cooperation

with civil authorities, the Guide explicitly states: "Civil law concerning report-

ing of crimes to the appropriate authorities should always be followed."

While Sacramentorum sanctitatis tutela proved distinctly helpful in dealing

with cases of child sexual abuse, the Congregation for the Doctrine of the

Faith considered it necessary to introduce certain modifications to improve

its application. Following examination of the proposals, on 21 May 2010 Pope

Benedict XVI promulgated Normae de gravioribus delictis ("Norms concerning

more grave delicts"), a text which contains, among other things, the current

substantive and procedural norms applicable to cases of sexual abuse of

minors committed by members of the clergy.

With regard to delicts against the moral law, article 6 of these Norms

stipulates: "§ 1. The more grave delicts against morals which are reserved to the

Congregation for the Doctrine of the Faith are: 1º the delict against the sixth

commandment of the Decalogue committed by a cleric with a minor below the

age of eighteen years; in this case, a person who habitually lacks the use of reason

is to be considered equivalent to a minor. 2º the acquisition, possession, or dis-

tribution by a cleric of pornographic images of minors under the age of fourteen,

for purposes of sexual gratification, by whatever means or using whatever tech-

nology; § 2. A cleric who commits the delicts mentioned above in § 1 is to be

punished according to the gravity of his crime, not excluding dismissal or deposi-

tion." Furthermore, the preliminary investigation may be, but need not be,

undertaken directly by the Congregation (art. 17) and, with due regard for

the rights of the local Ordinary, the Congregation itself may take the pre-

cautionary measures provided for in canon 1722 of the Code of Canon Law

during the preliminary investigation.