The Catholic Church has a new definition of sexual abuse that it wants to serve to combat sexual abuse committed within it.
The Vatican announced this Tuesday that Pope Francis had made changes to the Code of Canon Law, the legal framework for the 1, 300 millions of Catholics in the world, after years of consultations.
The Apostolic Constitution Pascite gregem dei (Feed the flock of God), which authorizes the changes, is the first Catholic penal text that broadens the definition of sexual abuse, by explicitly recognizing that adults, and not only children, can be victims of priests and laity in positions of power.
The renewal of the penal code of the Church, which was last updated almost 40 years and which should come into force on the coming December 8, takes place t After numerous financial and sexual abuse scandals that have shaken the Holy See in recent decades.
The Catholic Church has been hit in recent years by thousands of allegations of sexual abuse by priests and cover-up by the ecclesial hierarchy.
Victims and critics of the Church have complained that the regulations by which these matters were settled were outdated and designed to protect to the perpetrators.
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In a letter accompanying the revisions, the Pope wrote It was said that the new laws are destined to be more “clear and simple” and in keeping with current times.
“It is necessary that these norms are closely related to social changes and new needs of the People of God, “said Francis.
Although much of the text remains unchanged, specialized media in religion considered the reform as” the most significant rewriting of canon law since the pope’s era. John Paul II. ”
As explained by the Catholic agency Aciprensa , the new version is the result of a long process of analysis, revisions and amendments that started in 2007, when the now Pope Emeritus Benedict XVI “entrusted the Pontifical Council for Legislative Texts with the task of undertaking the revision of the penal regulations contained in the Code of 1983 “.
What do the people say?
reviews
The new changes suggest that the dynamics of power within the Church may be a key factor in sexual abuse.
Canon law previously considered that sexual relations between clergy and adults , under mutual consent, they were “sin”, but not a crime (although rape and assault were considered as such).
Now, the new penal code establishes that they must also be convicted priests “who by force, threats or abuse of their authority” have relationships with adults “or force someone to perform or submit to sexual acts.”
The new text limits the power of the Catholic hierarchy to cover up potential abuses. The text also offers ecclesial authorities, whether in the Vatican or in a distant parish, a new template for assessing and addressing potential abuse and penalties ales of the Church.
With this, the Church largely limits the discretion granted to bishops and other leaders to investigate abuses , which, according to critics, allowed pedophile priests to evade responsibility and cover up their actions.
The new law indicates that the lack of investigation and punishment of the offending priests could have consequences.
“The negligence of the pastor in the use of the penal system shows that he is not fulfilling his function in a straight and faithful manner,” said the Pope.
According to Italian media, the new reform also seeks to speed up the process of reporting and investigating abuses, which victims and their defenders have criticized for years for being long and cumbersome.
For the first time , the Church explicitly decided to criminalize the harassment of minors for their participation in pornography, as well as the acquisition and distribution of videos or content of this type.
The sa nctions
The code now establishes that priests who abuse minors or other vulnerable persons will be punished with “deprivation of office” and, potentially, with their dismissal.
The previous version of canon law only said that abuses by priests merited “just penalties”, although it also already included the potential separation from office.
Lay people who are found responsible for abuses, according to the approved legislation, will not be expelled, although they will face penalties “according to the seriousness of the offense.”
The new penal code not only addresses issues of sexual abuse, but also appears to address the recent financial scandals of the Vatican.
Some of his articles now expand the list of crimes are related to money, specifically mentioning “financial” crimes.
Limits
Although ecclesial experts have highlighted the new reform as an advance, many have also questioned the ways in which it will be put into practice, considering that it will collide with what they consider to be a culture of secrecy and cover-up in the Catholic structure.
Critics consider it erroneous that the Church continues to try to solve its cases of abuse and financial crimes “internally” without going to the civil authorities.
The research system itself The abuses of the Church have been indicated to be lax and more favorable to consider the testimonies of the alleged aggressors than that of the victims.
In this sense, the new penal code does not make it clear in what way the Church will handle the reparation of the victims, whether they are minors or adults.
Some critics have also questioned that the new text avoids referring to terms such as “sexual abuse of minors”, which it seems to refer with other more vague ones as “offenses against the sixth commandment”. that prohibits adultery.
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