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Vatican Aware of Abuse for Centuries, Study Says

Authors use church's own documents to make their case. Critics say money is the motive.

June 20, 2004|William Lobdell, Times Staff Writer

In the 13th century, Pope Gregory IX added to church law a declaration that sexual abuse demanded expulsion from the priesthood and that perpetrators would be turned over to secular authorities.

"Canonical History" lists 58 high-level documents dealing with sexual misconduct of the clergy -- from books by saints to papal decrees to declarations by church councils -- as evidence.


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One landmark document, published by Pope Benedict XIV in 1741, made it easier to punish priests who solicited sex during confession in exchange for absolution. The tone of the document showed "significant sensitivity to the spiritual damage done to solicited penitents," the authors wrote.

And to ensure the latest church legislation was widely read, the pope ordered it posted on the doors of churches in Rome, including St. Peter's, and at the city's largest market.

Those rules became part of the canon law studied by 20th century priests and stayed in force until 1962, when Vatican officials opted for a more secretive process.

In that year, Pope John XXIII approved the publication of a procedure that instructed bishops to require those involved in the investigations, including the accuser and witnesses, to take vows of secrecy. Even the 1962 document itself was to be kept by bishops in their secret archives, and they were ordered not to discuss it.

Catholic scholars and others agree that sexual misconduct by priests has been an age-old concern. But they have doubts whether current Catholic bishops were conscious of the long history of sexual abuse within the church.

"Doyle and Sipe, whose work I know, are responsible and courageous men, but they are on a crusade," said R. Scott Appleby, a history professor at Notre Dame University. Appleby said most bishops are neither historians nor theologians, and that "it is unreasonable to think they should be aware of the longer history of the problem."

Beyond influencing the debate over church policy, the report could have an effect on massive litigation the church is facing in California by challenging a key 1987 appellate decision. Justices of the state's 2nd District Court of Appeal ruled that "it would defy every notion of logic and fairness" to say that Catholic bishops should have foreseen the problem of sexual abuse by priests and that therefore the church cannot be held liable.

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