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CIVIL LAWWith regard to federal, state and local law, it is important to note:
The Diocese upholds the right of any individual to report all accusation of the sexual abuse of a minor to civil authorities according to state and federal law. Without exception, clergy and Church personnel are to comply with the current reporting requirements of state and federal law and the reporting requirements of the USCCB Charter. The Diocese will, therefore, forward every accusation of the suspected sexual abuse of a minor to the appropriate civil authorities. This will be done even if the accused is deceased when the accusation is made or if the alleged activity occurred many years ago.
Civil law in every jurisdiction in the United States designates sexual abuse of a child as a crime. As such, the Diocese will encourage the accuser or Survivor to report the accusation to the proper civil authorities without delay. If the accusation has not already been reported to civil authorities, or the accuser or Survivor chooses not to make a voluntary report to the civil authorities, the Diocese will make this report.
Whenever a report is made to civil authorities, the Diocese will closely collaborate with the civil authorities in any investigation of the accusation. Such cooperation will not, however, limit the Diocese in taking appropriate steps that follow the norms of canon law and fulfill our religious and spiritual mission to protect others from abuse or to suspend or remove the accused from ministry or employment.
Should a competent civil authority request the Diocese not conduct an inquiry into an accusation, the Diocese will seek such direction in writing and may comply with the request after seeking appropriate canonical and civil counsel. The decision of the Diocesan Bishop, whether to comply with such a request, will be based on counsel’s advice and the Bishop’s best judgment as to other persons being in danger of abuse if the Diocese fails to act in a timely manner.
Even if an accused party is not prosecuted criminally under state or federal law, the Diocese may still pursue disciplinary action as provided under canon or civil law.
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Canon Law
With regard to canon law, it is important to note:
The Church mandates that, in response to an accusation of the sexual abuse of a minor received by a Diocesan Bishop that appears to be credible, the Diocesan Bishop must conduct a Preliminary Inquiry in a manner that respects the reputation of all parties involved (cf. canon 1717 of the Code of Canon Law).
Although there is no specific “right” to an advocate or canonical counsel during the Preliminary Inquiry, if the accused or the accuser requests canonical counsel, the Diocese will assist that person in locating a canon lawyer with whom they may consult. The Diocese, however, will not provide the canon lawyer, nor will the Diocese provide any compensation for a canonical advocate.
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