EDITORIAL Open, just procedure needed in
Maciel case
It is coincidental, though fitting,
that Pope John Paul II would issue a dramatic apology for sex abuse by clergy
the same week NCR planned to run a story detailing how the case stemming
from sex abuse charges against Fr. Marcial Maciel Degollado has been stalled in
the Vatican bureaucracy.
Maciel, head of the powerful Legion of Christ religious order, was
accused by nine men of sexually abusing them years ago when they were very
young students in a legion seminary (see story Page 7).
Why revisit allegations that have been aired in detail in the past
in these pages and elsewhere? Why go back over a case involving allegations
that are now more than two decades old?
Because the Maciel case represents the kind of attitude displayed
by church officials throughout the sex abuse crisis, an attitude that can only
compound the injustice of an alleged abuse. Repeatedly, those claiming to be
victims have met with official silence or worse. Too often the victims have
become the targets of official rebuke as the institution concentrated primarily
on preserving the reputation of the clergy.
We acknowledge that Maciel has categorically denied the
allegations and that his defenders characterize the accusations as a plot by
disgruntled former members of the order. Perhaps those claims are true. It
seems, though, that well never know because the church has refused to
grant the accusers a forum for making their case.
Those bringing the accusations have so far sought no financial
gain. They have wanted nothing but a hearing from the church and have been
blocked in every attempt. Since their days in the order, they have established
themselves in responsible positions, many as accomplished professionals. They
claim they took up the case against Maciel only after the pope, who has warmly
embraced the Legion and its mission, described Maciel as an efficacious
guide to youth.
Further, the accusers have convinced respected canonists of the
validity of their case. These canonists are not, by any measure, liberal
campaigners against the Vatican, but are loyal servants of the church. Two
priests put their careers on the line to advocate for the accusers.
We also believe there is reason to return to the Maciel case
because as recently as two years ago a high official of the Congregation for
the Doctrine of the Faith was convinced that the case deserved a hearing. Why
the congregation late in 1999 decided to drop the case remains a mystery.
In remarks in Ecclesia in Oceania, the concluding document
of the 1998 Synod for Oceania, the pope writes: Sexual abuse by some
clergy and religious has caused great suffering and spiritual harm to the
victims. It has been very damaging in the life of the church (see story
Page 5).
He terms such abuse a profound contradiction of the teaching
and witness of Jesus Christ.
Participants of the synod, he said, apologized
unreservedly to victims and also expressed a desire for open
and just procedures to respond to complaints in this area and want to
offer compassionate and effective care for the victims, their families,
the whole community and the offenders themselves.
For several decades now, victims of sexual abuse by clergy have
been begging for those very considerations from the church leadership. The
American hierarchy has dealt at best unevenly with the seemingly endless
scandal in this country. Priests are still protected, and some bishops still
act more in the interest of avoiding lawsuits than as pastors recognizing
serious violations of power and trust.
The strong acknowledgment of the problem by Pope John Paul II
might lend some weight and credibility to the efforts of those who want to
change the way the church has traditionally dealt with cases of sex abuse by
clergy.
Were not certain that a church procedure would be the best
way to elicit the truth in this matter. Perhaps, as one official at the
Congregation for the Doctrine of the Faith reportedly suggested, the accusers
should file a civil suit against Maciel.
But the nine men involved intended to deal quietly, within church
structures, to seek justice. They believed that they could achieve their aim by
pursuing the case under canon law. What they encountered was a canonical
roadblock, an arbitrary suspension of their case.
The churchs credibility has been damaged in countless ways
by the clergy sex abuse scandal. Establishing the open and just
procedures advocated by the pope and reactivating the case against Maciel
would mark some determined steps toward repairing what has been very
damaging in the life of the church.
National Catholic Reporter, December 7,
2001
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