Canon law ‘seeks to excuse paedophiles’

THE Church does not always have to penalise paedophile priests because they may be acting on urges and impulses “beyond their control”, a commentary on Canon law advises.

Justice Minister Michael McDowell yesterday described the 1995 commentary, entitled “Canon Law: Letter and Spirit”, as chilling.

“Where it deals with this particular subject, it makes the hairs on your neck stand up because it effectively seeks to excuse paedophile behaviour on the basis that it could be irresistible impulse,” Mr McDowell told RTÉ Radio.

The commentary, prepared by the Canon Law Society of Great Britain and Ireland, says before the Church hierarchy imposes a penalty for sex abuse of a minor, it must be “morally certain” that Canon law has been broken.

“Among the factors which may seriously diminish imputability in such cases is paedophilia,” the commentary adds. “Those who have studied this matter in detail have concluded that proven paedophiles are often subject to urges and impulses which are in effect beyond their control.”

The document acknowledges a priest who abused minors might be liable to punishment under the criminal law. But it adds: “Nevertheless, because of the influence of paedophilia, he may not be liable, by reason of at least diminished imputability, to any Canonical penalty, or perhaps to only a mild penalty, to a formal warning or reproof, or to a penal remedy.”

The commentary says “a clear distinction” can be drawn between a “cleric of paedophile orientation” repeatedly abusing minors and a cleric “having a number of years previously - perhaps 10, 15, 20 - sexually abused such a minor, on one or a number of occasions, but who since the alleged offence has led a blameless clerical life...”.

“Nor should this judicial and pastoral view be adversely influenced by the sometimes excessive statements of some psychologists and psychiatrists, to the effect that once such an offence, of however long ago, has been established, the ecclesiastical authority has on its hands an incurable paedophile.

“There is the further consideration... that the premature use of the penal process could lead to a requirement by the civil authorities of ‘discovery’ of the documents used in the Canonical process,” it says.

The willingness of the Church to make available documents to police and relevant authorities has been a long-running issue. As recently as 2001, Cardinal Joseph Ratzinger - later to become Pope Benedict XVI - issued a letter ordering Church’s investigations into child sex abuse claims be carried out in secret.

Yesterday, Mr McDowell insisted that Canon law was “in all respects” subservient to Irish law. “We live in a constitutional Republic and Canon law does not excuse anybody in any circumstance at all from their duty to protect children.”

“It’s a commentary on the code of Canon law, not an authoritative document,” a Church official said.

He acknowledged the commentary bore the imprimatur of former Archbishop of Dublin, Cardinal Desmond Connell, but said all this meant was that “there is nothing in it that formally contradicts Church teaching”. It did not necessarily mean Cardinal Connell agreed with the views contained within. “The status of anything in it is the opinion of the author.”