Voice of the Faithful 10th Year Conference

Voice of the Faithful 10th Year Conference Marriott Boston Copley Place Hotel, September 14 & 15, 2012 Presentation by Rev. James E. Connell, the Pastor of Holy Name of Jesus & St. Clement Parishes, Sheboygan, Wisconsin (Archdiocese of Milwaukee), a canon lawyer, and an advocate of victims/survivors of clergy sexual abuse. Speak up for those who cannot speak for themselves. (The Book of Proverbs 31:8) Dear Friends in Christ, Thank you for giving me this opportunity to share with you some of my thoughts as I journey with you and with others in the midst of the Catholic clergy sexual abuse of minors crisis and scandal. Indeed, I am honored to have been invited to make this presentation as part of this Voice of the Faithful 10th Year Conference. During this Conference you have celebrated your mission, rejuvenated your commitment, and accelerated your work. As the concluding speaker, I have been challenged to propel you into the future with confidence in your success and with hope for the Church. At the outset of my presentation, it is important to note that my comments address sexual abuse of minors by diocesan clergy because this is the scope of the crisis that the bishops in the United States addressed publicly ten years ago. But, it would be inattentive of me if I did not acknowledge the reality of both sexual abuse of adults by diocesan clergy, and also sexual abuse of minors and adults by members of Catholic religious orders and communities. I chose to title my presentation Speak up for those who cannot speak for themselves because I am agonized by the loss of voice that is frequently experienced by victims/survivors of sexual abuse of a minor by a priest. As I have listened to stories of clergy sexual abuse, I have come to appreciate that for many victims/survivors the trajectory of their life has been changed and reaching their full potential has become more challenging. But, helping them to regain their voice helps the story of the sexual abuse crisis to be understood and helps them to heal. Actually, our personal and relational involvement by listening and speaking are keys to that healing. My presentation is organized in two sections: (1) Whats Urgent? and (2) Whats Next?

Whats Urgent? I would like to mention six points of urgency. First Urgency: Loss of voice. My thoughts regarding the loss of voice are framed by some statistics published in May 2011 by the United States Conference of Catholic Bishops (USCCB) in a report prepared by the John Jay College of Criminal Justice of the City University of New York, The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010. According to this John Jay report, most of the abuse occurred between the mid-1960s and the mid1980s. Moreover, while most of the clergy sexual abuse of minors had occurred by 1985, by that date only 810 incidents had been reported. By 2010, however, more than 11,000 incidents had been reported concerning the period before 1985. (To find this information in the John Jay report, go to:
http://www.usccb.org/issues-and-action/child-and-youth-protection/reports-and-research.cfm Scroll down to: Reports Presented by the John Jay College Research Team Click on: The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010 Go to p. 27, the right-hand column)

Reporting sexual abuse is very difficult, especially for minors, which helps to explain why most of the known abuse that occurred before 1985 was not reported until after 1985. Many victims/survivors say that they could not speak because they were too embarrassed or too young to speak up and tell what happened. Or, as some say, when they did talk about the assault, they were not believed or they were ignored. So, the isolation of silence became part of their cross. Moreover, some victims/survivors have told me that the pain caused by the Churchs response has been more hurtful to them than was the pain of the sexual assault itself. Ponder that point! Truly, helping victims/survivors to regain their voice helps them to heal while also helping the story of the sexual abuse crisis to be understood. But, we need to be willing to help in this effort by raising our own voices, and in a very public way. Second Urgency: Revelation of the whole truth. Many months ago a parishioner asked me: Why didnt bishops behave as parents would behave? Her point was that parents would never allow children to be near a known or suspected child abuser. But, bishops and other Church leaders have behaved otherwise, endangering children. Why this behavior by faith leaders? Indeed, the bishops need to provide thorough explanations about the sexual abuse crisis rather than reams of data for others to decipher. Yet, these explanations are not forthcoming. Who knew what? When did they know it? What did they do with the information?

Victims/survivors need to know the truth, while the sources of the truth are still available. Preventing this adds to the agony, and violates justice and charity. Also, the priestly promise of obedience to ones bishop never trumps justice or validates evil. Our Catechism teaches that truth stands at the heart of authentic human action and speech (cf. Catechism of the Catholic Church [CCC] 2468). Indeed, followers of Christ are to live in the truth (CCC 2470; cf. 1 Jn. 1:6). Only by living in the truth, the complete truth, can human action and speech generate justice and healing. Without truth there can be no justice and without justice, no healing.
(The text of the Catechism of the Catholic Church is at: http://www.vatican.va/archive/ENG0015/_INDEX.HTM )

Third Urgency: What impedes the revelation of the truth? Here are my top five picks. 1. The Cardinals Oath. This is an oath taken by each new cardinal as he is about to receive his red biretta. Here is a key portion of that Oath as spoken by Cardinal Timothy Dolan and 21 other new cardinals on February 18, 2012: I, N., Cardinal of the Holy Roman Church, promise and swear, from this day forth and as long as I live .. not to make known to anyone matters entrusted to me in confidence, the disclosure of which could bring damage or dishonor to the Holy Church .. (To find the full text of the Cardinals Oath, go to this link:
http://www.vatican.va/news_services/liturgy/2012/documents/ns_lit_doc_20120218_indexconcistoro_en.html Scroll down to: 18 February 2012, Consistory for the creation of new Cardinals. Click on Booklet for the Celebration. Cardinal Dolan is listed on page 6, # 16. The full text of the Cardinals Oath is on page 20 (English).)

Surely, this oath contributes to the crisis. In other words, if the cardinals promise to be silent, and if other bishops follow their example, can truth and justice ever be served? Can this crisis ever be resolved? Also, do all bishops take an oath similar to the Cardinals Oath? Secrecy must not reign. The Pope needs to release the cardinals from this oath and secrecy, and require them and all the bishops to speak the complete truth. Indeed, their speaking openly and honestly would provide a relational involvement that would foster healing. 2. Attorney-Client Privilege. Regardless when the crimes were reported, at least by the late 1980s bishops were becoming aware of an increasing number of allegations against priests. According to the John Jay report cited above, not only were some bishops very slow to respond to the building crisis, some dioceses where the Catholic Church was highly influential were slow to recognize the importance of the problem of sexual abuse by priests or to respond to the victims. (John Jay Report cited above, p. 4, right-hand column) So, what advice did the attorneys give? Did they help to shape the strategies used by bishops? The attorney-client privilege means that an attorney cannot divulge information provided by a client. But, the client holds the privilege and can waive the privilege, thus releasing the attorney from that restriction, either totally or partially. Consequently, if each diocesan bishop would 3

waive the privilege in respect to clergy sexual abuse, the attorney for the diocese and the attorneys firm would be free to speak about the advice that was given when the first cases of clergy sexual abuse were brought to the attention of the attorney or the firm, as well as regarding cases in more current times. What did the attorneys say? Did they inform the bishops that these actions were crimes and that the police should be notified? We need to know what the attorneys said. Its a major part of the needed and yet-to-be-told truth. 3. Embarrassment and loss of reputation. All too frequently, victims/survivors and their supporters were not believed, traumatized, and regarded as the ones having done wrong. But, the victims are the victims! They were sexually assaulted by priests. They loved the Church and were involved in the Church, which is why they were available to be preyed upon. Why, therefore, this reaction by so many Church leaders? Why hide the truth and be so defensive? As one parishioner asked me: Father, how much worse can the truth be as compared to what our minds dream up as our imaginations run wild? So, whats under the lid? Whats the secret? Could what is under the lid and remaining sealed in the secrecy of embarrassment and loss of reputation actually be additional scandal: scandal involving bishops, priests, and lay persons; scandal involving civic leaders; scandal involving the use of Church funds? But, who knows for sure just what is under the lid? Whatever it is, it must be very embarrassing because the bishops in the United States have spent billions of dollars and yet have not resolved the crisis. (See:
http://www.usccb.org/issues-and-action/child-and-youth-protection/reports-and-research.cfm 2011 Annual Report on the Implementation of the Charter for the Protection of Children and Young People , Chapter Four, CARA Survey, p. 39, for a summary of costs for 2004-2011.)

I am reminded of the report concerning the priests sexual abuse crisis in the Archdiocese of Dublin (Ireland). In July 2009, a Commission of Investigation headed by Judge Yvonne Murphy issued a Report into the Catholic Archdiocese of Dublin. Section 1.15 of this report states, The Dublin Archdioceses pre-occupations in dealing with cases of child sexual abuse, at least until the mid 1990s, were the maintenance of secrecy, the avoidance of scandal, the protection of the reputation of the Church, and the preservation of its assets. All other considerations, including the welfare of children and justice for victims, were subordinated to these priorities. The Archdiocese did not implement its own canon law rules and did its best to avoid any application of the law of the State (http://www.scribd.com/doc/23205532/Report-into-the-Catholic-Archdioceseof-Dublin-July-2009 )

Obviously, whats under the lid? is a global question needing immediate papal intervention. 4. The love of money is the root of all evils (1 Tim. 6:10). Money itself is neutral; it can be used in good ways or it can be used in bad ways. The love of money is greed. Under the guise of a fiduciary responsibility which is only part of justice, not the whole of justice because the 4

common good also must be considered (cf. CCC 1807), the clergy sexual abuse crisis and scandal frequently was addressed by Church leaders, especially in the early years of the crisis, with pragmatic approaches to protect money and reputations, rather than with pastoral approaches of listening to those involved, welcoming the truth, and requiring justice. Indeed, the pragmatic approaches used were not relational. Rather, from the moment that the first crimes of clergy sexual abuse became public, the chores of public relations seem to have prevailed over pastoral care and the details of civil and church law. Saint Paul is correct, the love of money is the root of all evils. It can even quiet voices that should be public and vocal explaining the truth. 5. Mental reservation [I did not lie; it was a mental reservation]. On February 9, 2012, I was in a federal bankruptcy courtroom in Milwaukee, attending a hearing concerning the Archdiocese of Milwaukees Chapter 11 reorganization petition that had been filed in January 2011. At one point the judge called for a recess. While I was standing in the corridor, a victim/survivor asked me to explain what the Church means by the term mental reservation. I explained that the term refers to speaking words that are literally true, but when spoken within a specific context would be understood by the listener to mean something other than the literal meaning of the words. However, if the mental reservation deliberately deceives and deprives one of information to which there is a right, then the mental reservation would be a lie, a sin, violent, and destructive of society (cf. CCC 2482-2486). It would not contribute to a relational involvement that would foster healing. Only a few minutes later a different victim/survivor also asked me to explain the term mental reservation. I had not thought of that term for many years, and now two people asked me to explain it within minutes of each other. Why? Is mental reservation a technique used by some Church leaders to deceive victims/survivors? Remember that Jesus taught let your yes mean yes and your no mean no. Anything more is from the evil one (Mt. 5:37). What else foils the truth? Perhaps the mantra should be: be embarrassed but tell the truth. Fourth Urgency: Flawed review/audit of allegations. In a June 2002 meeting in Dallas, the USCCB approved two documents: the Charter for the Protection of Children and Young People (Charter) and the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors by Priests or Deacons (Essential Norms). These documents concern the dioceses and eparchies (= dioceses in the Eastern Catholic Churches) in the United States.
In this presentation, dioceses includes eparchies. (The text of the Charter and the Essential Norms can be found at http://www.usccb.org/issues-and-action/child-and-youth-protection/charter.cfm )

The Charter is a statement of mission, expectations, principles, and tasks that is morally binding, but does
not stand as Church law itself. The Charter speaks to the future so that sexual abuse of minors never happens again. But, the Charter does not address justice and the consequences about the past. The Essential Norms, however, is Church law, having been established as such by the Vatican to govern the dioceses in the United States. Furthermore, the Essential Norms does address justice and the consequences about the past. Truly, this document is essential.

In June 2010, I learned that the Charter audit authorized by the U. S. Bishops concerns the Charter only and not also the Essential Norms. This is a very important point, especially when we consider the role of the diocesan review board. The review board is required in each diocese to advise the diocesan bishop regarding the allegations of clergy sexual abuse (Essential Norms 4). The board examines the evidence to determine if the evidence indicates the probable nature of the allegation, that the allegation at least seems true, or that there is a semblance of truth in the allegation. When the semblance of truth standard of proof is met, Church law requires that the case alleging sexual abuse of a minor by a priest or deacon be sent to the Congregation for the Doctrine of the Faith (CDF) in Rome (Essential Norms 6). Hence, the rules for handling abuse cases are found in the Essential Norms.
But, if the auditors are not reviewing the Essential Norms, then no one is checking to see if the dioceses actually do send to Rome the cases that fit the semblance of truth standard. (cf. the full text of the 2011 audit report at: http://www.usccb.org/issues-and-action/child-and-youth-protection/upload/2011-annualreport.pdf noting the absence of any audit of diocesan compliance with the Essential Norms) This is a major flaw in the audit process and the flaw continues to this very day. The Essential Norms is

not audited; there is no review of diocesan handling of sexual abuse allegation cases; the lack of accountability lives on. Since June 2010, I have been trying to get this flawed audit policy changed, but to no avail. So, work still needs to be done to assure that every allegation of clergy sexual abuse of a minor that passes the semblance of truth standard of proof actually is sent to the CDF in Rome. Fifth Urgency: Religious Orders (= Institutes of Consecrated Life and Societies of Apostolic Life). Approximately one-third of the Catholic priests in the United States are religious priests (e.g., Jesuits, Franciscans, and Dominicans), not diocesan priests (2012 Official Catholic Directory, General Summary). The members of the religious orders dedicate themselves to the charism or spiritual purpose that was set in place by the founder(s) of the community. Moreover, Church law protects the right of the members to live that charism, especially regarding the policies and procedures of the governance of the community (Code of Canon Law, canons 578 and 586; the text of the Code of Canon Law can be found at
http://www.vatican.va/archive/ENG1104/_INDEX.HTM )

As I said above, the Charter and the Essential Norms concern the dioceses in the United States. So, as you might appropriately surmise, they do not bind the religious orders. Hence, one-third of the priests in the U.S. are not bound by the Charter or Essential Norms. Yet many, and perhaps most or even all, religious orders have chosen to develop policies and procedures for their members that are very similar to the Charter and the Essential Norms, but doing so is not required. While such a situation frustrates the search for the truth so as to serve justice, there is a different slant to the role of the diocesan bishop regarding the religious orders in his diocese, a slant that should be pursued. The Code of Canon Law (c. 678, 1) stipulates that religious are subject to the bishops in matters concerning the care of souls, the public exercise of divine worship, and other works of the apostolate. Certainly the clergy sexual abuse crisis and scandal falls under the stipulation of this canon. So, the bishops, including the Pope and the Vatican Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, have a major role in the conduct of the religious orders vis--vis the clergy sexual abuse crisis and scandal. They need to compel the religious orders to reveal the truth and to do justice. Sixth Urgency: Scandal. Scandal is an attitude or behavior which leads another to do evil (CCC 2284). But the action, or lack thereof, by many leaders of the Catholic Church have led many people to lose their faith or to stop practicing their faith, to cease raising children in the faith or even having children baptized, to encourage people to ignore Church teachings, and even to endanger the ministerial life of the Church. Consequently, the Catholic clergy sexual abuse of minors crisis clearly stands as a scandal. Whats Next? Surely, everyone wishes that this crisis and scandal would be resolved for the good of all. Unfortunately, however, I find that some people are saying that the victims/survivors should simply forgive and move on with life. Yet, such an expectation overlooks what seems to me to be the necessary sequence of events for healing and peace to happen: (1) knowing and understanding the whole truth; (2) doing justice based on the whole truth; (3) allowing healing to blossom over time; (4) then granting forgiveness that releases one from bondage; and (5) finally welcoming the peace that comes from healing and forgiveness. Throughout these five steps, the voices of those who seek truth and justice, especially their public voices, must be strong. Pain needs to be addressed and the culture needs to be changed. I would like to present six recommendations (no order of priority is intended). First recommendation: Develop a Keep the Pressure On Initiative, especially in two ways:

1. Be vocal and be involved Church teaching (Vat. II, LG 37a) and Canon Law (c. 212, 3) articulate the right and at times the duty for the Christian faithful (laity and clergy alike) to make known their opinion on matters which pertain to the good of the Church to the Church leaders and also to the rest of the Christian faithful. We are to be vocal and involved. Dont dilute this responsibility. Hold accountable all church leaders, especially the pope and the bishops. Struggle to get the cardinals and the bishops freed from oaths and promises to hold secret anything concerning this sexual abuse crisis. The Prophet Ezekiel was steadfast in his determination to speak the word of the Lord to the rebellious Israelites. Moreover, the Lord told Ezekiel, as he sent him on this most difficult task, And whether they heed or resist for they are a rebellious house they shall know that a prophet has been among them (Ezekiel 2:5). Our steadfastness in determination to be vocal and to be involved in dealing with the Churchs sexual abuse crisis should be as solid as was that of the Prophet Ezekiel, for we also are prophets for the Lord, having been so commissioned in our baptisms. 2. Combat complacency because complacency aids and abets the evil that is being ignored or covered up. Actually, I do not stand alone in making this recommendation. Indeed, the USCCBs National Review Board (NRB), in its 2012 Ten Year Progress Report to the USCCB, says in its Conclusion: A serious concern of the NRB is complacency or Charter drift that is, thinking 10 years of action is enough and programs and vigilance can be taken for granted or worse, watered down. While the current trend shows a decrease in clergy abuse, we must never let our guard down. Now is not the time to drift away from the moral requirements of the Charter and the legal requirements of reporting. Children must be protected. Bishops must continue to work toward restoring the trust of the faithful. Only when bishops are seen as following through on their promise to protect and pledge to heal, will the faithful begin to trust them to take care of their most precious gift their children.
(http://www.usccb.org/issues-and-actions/child-and-youth-protection/upload/10-year-report2012.pdf)

I agree. Yet, I also voice my disappointment with the NRB in its failure to address the flaw in the USCCB audit policy the Essential Norms is not audited. Hence, no one checks to see how allegations of clergy sexual abuse of minors are handled in each diocese. The NRB should express concern about this flawed policy and take on the task of getting it changed. Insist that all religious orders must follow the same rules as the dioceses. In addition, national standards for the composition, training, and performance of the review boards should be developed and implemented in each diocese and religious order.

Also, insist on audits with teeth regarding compliance with the Charter and the Essential Norms, and that the audit reports are thoroughly communicated via the internet. Second recommendation: Develop a network and an association of priests, throughout the country and perhaps even throughout the world, who are willing to stand publicly and vocally with and for victims/survivors of Catholic clergy sexual abuse of minors. Standing publicly and vocally includes: physical presence (e.g., standing on the steps of the Cathedral in front of TV cameras); print media presence (e.g., writing articles and letters to the editor); pulpit speaking presence (e.g., giving testimony in homilies); and general conversation presence (e.g., speaking up about the crisis in general conversations with people). I realize that various associations of priests already exist, but none that I know of has a specific focus to be a catalyst seeking to bring about truth, justice, and healing concerning clergy sexual abuse. For sure, priests have a major role in resolving this crisis and all forms of standing publicly and vocally are needed. We priests cannot change the past but we can make the future be different. Indeed, I am grateful for those priests who already are standing publicly and vocally, but more priests are needed. Third recommendation: Develop a Restorative Justice Initiative (RJI: repair harm caused by crime). A RJI would help people to understand the depth and the breadth of the harm done by the sexual abuse of a minor crime, and would help to create an environment throughout the local communities of the country in which healing can blossom over time. Indeed, in a RJI we would find victims/survivors, their families and friends, abuser priests, other clergy, Church lay employees, and the faithful-at-large sitting and talking in fruitful, supportive, and constructive ways. Models exist that can help to organize such an effort because various restorative justice programs exist throughout the country. One such model is the RJI of Marquette University Law School. In 2009 the RJI of MULS produced a DVD titled The Healing Circle which shows victims/survivors, family members and supporters, a perpetrator priest, a parish priest, a youth minister, and some parishioners-in-the-pews, all discussing how they have been affected by this crisis. Its a powerful DVD. In February 2011, I showed the DVD to a group of 20 parishioners, including some parents of children who are victims/survivors of clergy sexual abuse. In July 2012 (17 months later) three parents who had seen the DVD in February 2011 and who are parents of victims/survivors of clergy sexual abuse viewed the DVD anew. All three agreed that viewing the DVD in 2011 and the discussion that immediately followed that day had helped them to move further down the road of healing. Indeed, models such as The Healing Circle produced by Marquette University Law School can help. Fourth recommendation: Research the Key Mystery: what can be so embarrassing that bishops would spend huge sums of money rather than thoroughly explain the sexual abuse crisis? Would not explaining 9

the truth be better than allowing peoples imaginations to run wild, thus fueling the scandal? Why did the bishops not behave as parents would behave? Whats under the lid? Research is needed. Fifth recommendation: Facilitate an effort for historians and archivists to study and to document the Catholic clergy sexual abuse of minors crisis and scandal (as with: WWII, Vietnam, Watergate, etc.). This documentation would further validate the reports of clergy sexual abuse and the Churchs response, and it would enhance making sense out of what happened. Moreover, the cataloging of what happened would move the cold facts and details into the warmth of understanding and compassion, into a relational reality that could foster healing. This effort might be expensive but the investment would provide hope for many people. Sixth recommendation: Pray it is last on my list, but first in my heart. Pray daily for those who suffer in any way because of the Catholic clergy sexual abuse of minors crisis and scandal. Closing comments and a prayer. The victims are the victims, not the bishops or any other Church leaders. Why did bishops not behave as parents would behave? The parental instinct to protect children never would allow children to be near a known or suspected abusive person. But, bishops and other Church leaders have behaved otherwise. Consequently, our responsibility now is two-fold: (1) continue the efforts to assure that children are safe now and that such an atrocity does not happen again; and (2) continue the efforts to hold accountable those persons who are responsible for the crisis so that the knowledge of the whole truth and the rendering of justice that is based on the whole truth can provide the seedbed for healing over time for all people who suffer in any way because of the Catholic clergy sexual abuse of minors crisis and scandal. Victims/survivors await a healing word, an understanding gesture, or a presence they can trust. May their hope be fulfilled soon. So, let us pray. Almighty God, thank you for the gift of life and all its blessings. Thank you for the gift of this Conference and for the gift of the VOTF. May your Holy Spirit guide us each day to be your prophetic voice in the midst of a troubled Church, as we speak up for those who cannot speak for themselves. In all that we are about, may we serve your holy will. We pray through Christ, our Lord. Amen. Thank you. Reverend James E. Connell, JCD Boston September 15, 2012

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