ABUSE

Bishop outlines Dallas issues

Sees self, peers having to tackle many complexities

By BISHOP HOWARD J. HUBBARD

For example, I have conducted forums at four parishes (St. Thomas in Delmar, St. John Francis Regis in Grafton, St. Luke's in Schenectady and Our Lady of Grace in Ballston Spa); participated in two workshops with our teachers and catechetical leaders at the annual Spring Enrichment program; and met with the diocesan department heads, the Catholic Charities directors, members of the diocesan Pastoral Council, Presbyteral Council, and the priests and deacons of our Diocese.

I have also had appointments with several individuals with expertise in this area and received ample correspondence in response to the invitation for community input extended in my Pentecost pulpit letter.

I am most grateful for this beneficial input, counsel and advice. It will assist me at this critically important meeting in which we bishops seek to formulate policies which will protect children from harm and hopefully lead to healing for those abused by priests as well as to restoring trust and credibility.

People must know that the Church will not condone or tolerate the reprehensible sexual abuse of minors or any other violation of sacred trust on the part of our clergy.

Zero tolerance

Obviously, there is a wide range of opinion about what policies need to be adopted to address this issue constructively and aggressively. The most intense level of feeling centers around the so-called zero tolerance or "one-strike-and-you're-out" policy.

Some believe strongly that the only acceptable policy is the removal of any priest against whom sexual misconduct with minors has been substantiated, regardless of how long ago it occurred, the nature of the abuse or the number of times it happened.

Others believe such a policy should apply prospectively but that past incidents should be reviewed on a case-by-case basis. Still others would argue for a case-by-case disposition both prospectively and retrospectively.

Pros and cons

Credible arguments can be made for these various positions. For example, an unequivocal policy of zero tolerance would assure the public that the protection of minors is an absolute priority for the Church, guard against any possibility of further abuse on the part of a perpetrator while representing the Church, and help restore much-damaged trust and credibility.

On the other hand, the teaching of the Church about repentance, conversion, forgiveness and redemption, and the proven success of some treatment modalities and of carefully supervised and restricted ministerial assignments support a case-by-case review, especially if that review is conducted by a panel composed primarily of lay faithful.

Notification

Another crucial issue is that of community notification. If, for example, a priest guilty of misconduct many years ago, and, hence, not subject to criminal prosecution, were to be restored to ministry following treatment and review by a misconduct panel, should the entire community be made aware of his past offense or only those having supervisory responsibility over his ministry (e.g. pastor, parish trustees, DRE, school principal, hospital or nursing home administrator)?

Also, should the victim's input be the determining factor in deciding whether there would be an assignment?

Further, if a priest is not reassigned, should he be removed from the priesthood entirely, or should a safe place be established where priests guilty of misconduct (but repentant and rehabilitated) could live in a supervised community setting engaged in non-public ministry -- for example, in offering spiritual direction to adults?

Victims

There is also the issue of relationships with victims. If legislation making the clergy mandated reporters becomes law in our state, which seems very likely, will victims have to be "Mirandized" before they advance their accusation? For example, would I have to say to them, "Before hearing your allegation, you should know that I am required to communicate this information to Child Protective Services or to the district attorney"?

In this regard, I recently received two inquiries, one from a lawyer, the other from a psychologist, about cases of misconduct allegedly occurring many years ago. These counselors were inquiring if I would be obliged to forward their client's accusation to the civil or criminal authorities. I informed them that if pending legislation passes, I would be so obligated.

To date, because of the client's unwillingness to be involved with the criminal justice system, the attorney and therapist have not been able to convince their clients to make known to me their accusation. So a victim's reluctance to come forward because of concern about confidentiality and public scrutiny could be the unintentional consequence of pending legislation.

Would it be a better policy that those who are now adults and abused while minors have the option to determine in what forum they want their hurt addressed, as victims of rape currently do?

Similarly, in dealing with priests who have been accused, will I as bishop now be obliged to "Mirandize" them that any information they share with me can and will be used against them in civil, criminal or canonical proceedings?

Thorny problems

These and other thorny legal, canonical and pastoral issues will be addressed and hopefully resolved in our Dallas meeting.

I welcome your input on these matters and ask for your prayers that the Holy Spirit will inspire and guide us to make appropriate decisions, and develop effective policies that will protect children, bring healing to victims and restore trust in the bishops of our Church.

Regardless of what national polices on sexual misconduct by priests are adopted ultimately, it is important that we as a Church take this scandal as an opportunity to do more education of our clergy, religious and laity about child abuse to help develop education and prevention programs which will address the frightening problem of child sexual abuse within our society.

Statistics

For example, a 1994 study by David Finkelhor indicated that at least 20 percent of adult women and 10 percent of adult men in our nation experienced sexual abuse before the age of 18.

Another study by Edward Laumann and his colleagues reveal that 70 percent of adult women and 12 percent of adult men reported they were abused either by an adolescent or an adult before they reached puberty.

That study revealed further that 52 percent reported abuse by a relative, 29 percent by a family friend and only 7 percent by a stranger.

Thus, abuse by priests is a subset of a much larger problem of childhood molestation by parents, siblings, babysitters or family friends.

Large problem

We as a Church, therefore, must become more aware of the extent of this problem, its causes and how we can be instrumental in finding solutions that protect children.

Father Stephen Rosetti is director of St. Luke's Institute in Silver Springs, Maryland, where some priests have been sent for treatment. He notes that resolving this issue will not be a simple task because "people naturally do not like complexity and uncertainty, especially with upsetting realities like the sexual abuse of children. It may be that the public is currently being fed on simplistic understandings and simplistic solutions because we have great difficulty facing deeper truths.

"We want child sexual abuse to be the exclusive crime of a few perpetrators who are 'out there' and not part of our families. We would like to accuse an identifiable group of deviants who are different from us. We want our lives and the lives of our children to be completely and absolutely free of risk. We want a clear and simple solution, but there is none.

"Facing the fact that the sexual abuse of children is a crime that not only occurs in the priesthood, but most of the time is perpetrated in our own families, is a most painful truth. Not facing the complexities of child sexual abuse makes our children less safe, and pointing a finger at a few while missing the many ignores the cries of children in our midst.

"It is time for our Church and our society, for priests and for families to work together in a new partnership to combat the grave evil that is the sexual abuse of children."

This partnership which Father Rosetti urges could be the silver lining to emerge from this grave scandal of clergy sexual misconduct and its handling on the part of Church authorities.

Please be assured of my sincere desire and firm commitment to pursue such a course.