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Canon law, not usually a household term, has come into the public eye of late, especially in the wake of the Royal Commission into Institutional Responses to Child Sex Abuse. Given this newfound prominence, it seems a good time to have a look at what canon law is — and what it isn't.
In May 2018 Archbishop Wilson was convicted of concealing a serious indictable offence relating to the sexual abuse of a teenage boy by a priest in his diocese. Wilson is the highest ranking Catholic cleric to be convicted of such an offence. The Church's response to this episode should be of particular interest.
I am a survivor of sexual abuse. It was me who first made a complaint to NSW police that Wilson knew what Fletcher had been up to, who wrote an opinion piece for Fairfax asking what Wilson knew, who appeared on ABC TV naming the Archbishop. By extension, it must be me who initiated the witch-hunt and stirred up public hysteria.
The arguments for exemption ignore or deny the harm to children that can arise from failure to report. They claim the law would be ineffective because few paedophiles go to confession, and might not confess if the seal did not apply. Such conjectural arguments ignore the basic principle that all harm to a child must be forestalled.
The constitutional position of bishops is best illustrated by the Wilson case. The media releases of the hierarchy revealed their impotence. They explained their inaction by pointing out that only the Pope could force a bishop to resign and were reduced to conveying the impression of working behind the scenes to influence Wilson's decision.
I have interviewed Wilson just once, while working for the ABC in Adelaide. I am not a Catholic. I abhor sexual abuse and its concealment. I do not wish to debate the rights or wrongs of resignation but simply reflect on whether the pursuit of Wilson could be described as a witch-hunt and whether he might be a scapegoat for the sins of many.
General apologies don't go far enough. Compensation is necessary, but also not enough. The reputation of the church would now be higher if there were more obvious signals of accountability by those in charge. The offer of resignation made as a group to Pope Francis by the entire Chilean hierarchy is a breath of fresh air.
When the bishops and religious decided to establish CPSL they understood that a new approach was needed. In a Church that will take many years to recover from the child sexual abuse crisis, something different had to happen. The safety and protection of children and vulnerable people in the Church is everybody's business.
It's a common refrain from survivors of clerical sexual abuse, often heard when church leaders try to explain away their failure to listen and respond to the crimes of their peers: 'They just don't get it.' Up until recently, Pope Francis has seemed to 'get it' in his response to the crisis of abuse. But recent events have raised doubts.
Our Church is presently a strained, outdated social institution with an exclusively male hierarchy and clergy. But it is also the privileged locus for us to be called to the banquet of the Lord sharing theology and sacrament which have sustained the hearts and minds of similar pilgrims for two millennia. Thank God for Pope Francis who is showing us the way, helping us to find meaning in our changing and chaotic world, putting a fresh spring in the step of all those Catholics holding in tension the prophetic and the practical, the theological and the humanist, the tradition and the contemporary reality.
This is one of the angriest films you will ever see. In the Bible we hear about righteous anger, where God or humanity realises something is so wrong and sinful that 'holy anger' is the first and right response. At its best in the scriptures this anger leads to justice, making things right. Spotlight is an occasion for holy, righteous anger and every adult Catholic should see it.
'The crisis of child sexual abuse in our societies has required that our institutional procedures be more transparent and that we learn from the ways of the world in exercising power openly and justly. This means we have to restructure some of our church arrangements so that power is exercised accountably and transparently. All of us who have positions of influence and power in institutional churches need to be attentive to the voices of those who have suffered within our institutions.' 'Discerning the place for the prophetic voice and pragmatic cooperation of the churches in the great moral questions of the age', address to the Association of Practical Theology in Oceania conference, 26 November 2015.
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