Canonical Procedural Proposals to Address Intra-ecclesiastical Sexual Abuse

Abstract

Sexual abuse of minors committed by priests is known in the ecclesial sphere as a "crime against the sixth commandment of the Decalogue with minors" contained in canon 1398 §1.1 of the Code of Canon Law (CIC). We start with the question: does canonical procedural law respond to the needs of the victim and the victimizer with the tools it possesses, or should it incorporate others? The methodology followed is based on a review of the theological and legal literature on key categories and concepts in this topic. The reflection is accompanied by semi-structured interviews with victims, perpetrators and members of the institutions, whose references will be implicit due to the rigorous commitment to confidentiality acquired with them and the qualitative analysis process in which they have been involved. The main findings refer to the Restorative Justice model as the one that enables an inclusive and collaborative process and that is present in five provisions of the ICC. The conclusion we reach is the necessary reform of canonical criminal procedural law with a law that includes procedural rights and guarantees for victims and perpetrators; the creation of criminal courts; the incorporation of single sanctions with the possibility of mixed application; and the legal recognition of restorative conferences.