Vatican to Reject Parts of U.S. Bishops’ Abuse Policy

Vatican officials are expected today to turn down central elements of the sexual abuse policy adopted by U.S. bishops last June.

Pope John Paul II met privately Thursday with several leading U.S. bishops as the Vatican completed its long-awaited response to the “zero tolerance” policy that would discipline priests accused of sexually molesting minors.

The response, which is scheduled to be formally unveiled at a news conference in Rome, is expected to caution the American hierarchy that key sections of the policy should not be implemented until a new joint U.S.-Vatican commission can rewrite key sections dealing with the rights of priests accused of sexual abuse.

Although details of the Vatican’s response remained few, experts in the canon law of the church have said for weeks that Vatican officials had decided that some elements of the policy go too far and violate rights of priests guaranteed by church law.

“The Vatican is especially concerned about protecting the rights of the accused -- here they are acting like the ACLU or the U.S. courts in response to the U.S. Department of Justice’s actions since Sept. 11,” said Father Thomas Reese, editor of the Jesuit magazine America.

“Just as the ACLU does not want to protect terrorists, neither does the Vatican want to protect sex abusers, but both are concerned about due process,” Reese said.

Even a partial rejection of the plan would be a cause of embarrassment for U.S. bishops and could be expected to introduce new tensions into the American church.

Reports from Rome on Thursday that the Vatican was not prepared to accept the policy in full quickly brought expressions of disappointment from leaders of groups that support victims of abuse by priests.

David Clohessy of the Survivors Network for Those Abused by Priests said bishops should implement their policy, no matter what the Vatican may say.

“Dozens of bishops have gotten in trouble for protecting predators. Now maybe it’s time some of them get in trouble for protecting children,” he said in an interview.

The policy, known as the Charter for the Protection of Children and Young People, was approved last June in Dallas by the U.S. Conference of Catholic Bishops at the height of the sexual abuse scandal that has rocked the church since January.

Among other things, it removes any church statute of limitations and sets down a policy of “zero tolerance” by the church for sexual abuse of minors, “past, present, or future.”

It also calls for the immediate removal of a priest, deacon or other church employee whenever there is a credible accusation of sexual abuse. If the accusation later proves unfounded, the person is to be returned to ministry.

The charter’s definition of sexual abuse goes beyond civil law to include activity that may not involve physical contact.

Though American bishops have said that each bishop is free to voluntarily put the charter into effect in his individual diocese -- and virtually all have said they have done so or will soon -- the charter is not mandatory until it receives the Vatican’s recognitio, or endorsement.

But if the charter runs afoul of canon law, even determined U.S. bishops may find themselves hard-pressed to follow it.

Noting how politicized the debate has become, Reese cautioned that both sides seemed to be trying to influence public perception of the Vatican’s statement before it is issued.

“I have argued from the very beginning that the Vatican would give the bishops a yellow light -- proceed with caution -- not a red light or a green light,” said Reese, who has followed developments closely.

Canon lawyers have noted several problems with the policy. Among others, “the present policy has one punishment for all the crimes,” said a Boston College theology professor, Thomas Groome.

“One of the pillars of Western jurisprudence is that punishment should fit the crime, and, in this document, it doesn’t,” he said.

The Vatican statement, contained in a letter to be made public today, said the Vatican was well aware of the seriousness of sexual abuse.

When the pope met last April with U.S. cardinals, he said there was no room in the priesthood for those who would sexually abuse minors. The pope not only said that sexual abuse is a sin, but he also acknowledged that it is a civil crime.

Dennis Doyle, a professor of religious studies at the University of Dayton, a Catholic university, said the Vatican was expressing a legitimate concern that accused priests be given adequate opportunity to defend themselves.

“The proposed policies were formulated in an atmosphere of crisis in which many voices were demanding ‘zero tolerance’ for offenders. Such slogans may sound good on a common-sense level, but they do not address the intricacies of specific cases involving complex human beings,” he said.

A spokesman for the Roman Catholic Archdiocese of Los Angeles said that Cardinal Roger M. Mahony’s intention is to implement the policy.

“Whatever happens, the sexual abuse policies of the Los Angeles archdiocese will not be changed. No priest who’s been found to have abused a minor will be returned to ministry,” spokesman Tod Tamberg said.

“We will continue to comply with state laws on mandated reporting and we will continue to cooperate with civil authorities who are investigating allegations of sexual abuse by clergy.”

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Times wire services contributed to this report.