Crimen Sollicitationis
A secret document which sets out a procedure for dealing with child sex abuse scandals within the Catholic Church is examined by Panorama. Crimen Sollicitationis was enforced for 20 years by Cardinal Joseph Ratzinger before he became the Pope.It instructs bishops on how to deal with allegations of child abuse against priests and has been seen by few outsiders. Critics say the document has been used to evade prosecution for sex crimes.
Crimen Sollicitationis was written in 1962 in Latin and given to Catholic bishops worldwide who are ordered to keep it locked away in the church safe. It instructs them how to deal with priests who solicit sex from the confessional. It also deals with "any obscene external act ... with youths of either sex." It imposes an oath of secrecy on the child victim, the priest dealing with the allegation and any witnesses. Breaking that oath means excommunication from the Catholic Church.
Father Tom Doyle is a canon lawyer. He had a diplomatic career with the Vatican but was sacked after he criticised the church's handling of child abuse. Colm started an investigation with the BBC in March 2002 which led to the resignation of Dr Brendan Comiskey, the bishop leading the Ferns Diocese. Colm then pushed for a government inquiry which led to the Ferns Report.
It was published in October 2005 and found: "A culture of secrecy and fear of scandal that led bishops to place the interests of the Catholic Church ahead of the safety of children."
The Catholic Church has 50 million children in its worldwide congregation and no universal child protection policy although in the UK there is the Catholic Office for the Protection of Children & Vulnerable Adults. In some countries this means that the Crimen Sollicitationis is the only policy followed.
The Vatican has refused repeated requests from Panorama to respond to any of the cases shown in the film.
Canon lawyers say the document was so obscure that few bishops had ever heard of it. For another, they say, secrecy in canonical procedures should not be confused with refusal to cooperate with civil authorities. The 1962 document would not have tied the hands of a bishop, or anyone else, who wanted to report a crime by a priest to the police. The document would not have been made for the purpose to cover up denunciation of an act of sexual abuse, but because the Holy Office had responsibility for dealing with serious violations of the sacrament of penance.
Canon lawyers disagree about the extent to which the document is still in force.