Pope named in sex abuse lawsuit

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ComradeAndrei:
It is one thing to get to the bottom of a problem, but I really don’t like that some folks think that bankrupting Catholic diocese will make anything better.

I don’t see how lots of $$$ would heal any emotional scars. :mad:
That may be true … however bankrupting the Catholic dioceses is they only thing they have actually responded to!
 
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dumspirospero:
The Pope is a head of state and has immunity…not even President Bush or Congress can do anything about it…his immunity is not questionable and I don’t know why a request was made to the President to grant him immunity that he already has.
While he may have legal immunity responding would be the moral and ethical thing to do. Or are we called to be legalistic?
 
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geojack:
I have always wondered why anyone would even go to the bishop for something like this.
There was a time the episcopate was thought to be credible.
 
“A man of conscience, is one who never acquires tolerance, well- being, success, public standing, and approval on the part of prevailing opinion, at the expense of truth.” Pope Benedict XVI
Interesting … :rolleyes:
 
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ComradeAndrei:
I don’t see how lots of $$$ would heal any emotional scars. :mad:
No, lots of $$ won’t heal the scars but it will help as the payment in ‘compensation’ will acknowledge that the person was wronged. That acknowledgement is a huge step towards healing.
 
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mumto5:
No, lots of $$ won’t heal the scars but it will help as the payment in ‘compensation’ will acknowledge that the person was wronged. That acknowledgement is a huge step towards healing.
Exactly. You could look at it as a “penance” of sorts.
 
No, lots of $$ won’t heal the scars but it will help as the payment in ‘compensation’ will acknowledge that the person was wronged. That acknowledgement is a huge step towards healing.
In order to acknowledge a wrong, we bankrupt dioceses? Take the money given by the people for the upkeep and running of the local Church and give it to a few people? Making some rich (or fairly well off) at the expense of the Church is wrong.

So, we let parishes close down and drain money that could have been used for the common good of everyone to provide “compensation”? I’m sorry, but I think that is ****. I want the Church to prosper, to spread the Gospel, not pay out inordinate lump sums to a few individuals because of some perverts.

Furthermore, as our Sovereign Pontiff, Pope Benedict XVI should not appear before some secular court. The American judicial system has absolutely no power over the Pope and kowtowing to the U.S. would be a huge blow to the authority and power of the papacy to the secular world. The Pope being in an American court would ammount to nothing more than a mocking showtrial. The world looks for any way to try to destroy or weaken the Church, and I believe the sex abuse scandal is just one such example.

I feel sorry for anyone abused in any way by any body. Abusers need to be held accountable, I believe bishops should be held accountable (in Ecclesiastical courts) for any negligence they may have exhibited. Going after the Pope is out of the question, and I don’t see how he would be responsible anyway.
 
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ComradeAndrei:
I feel sorry for anyone abused in any way by any body. Abusers need to be held accountable, I believe bishops should be held accountable (in Ecclesiastical courts) for any negligence they may have exhibited. Going after the Pope is out of the question, and I don’t see how he would be responsible anyway.
This is where I would disagree. If the abuser is held accountable and tried in secular courts, the bishops (and the Pope is a bishop) should also be held accounable by the same judicial system. What is good for the priest is good for the bishop.
 
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bones_IV:
The secrecy relates to internal investigation only by the church. The idea that the Bishop be obligated to contact police in order to denounce a priest who has admitted the offense of paedophilia is unfounded.
The obligation of the Bishop to report the issue to the police is going to be found in the statutes of the State concerning criminal law.

Assuming that the State has an exception under evidentiary rules concerning matters learned in confession, if the Bishop learned of the matter in confession and had no other, outside source of the information, he would be bound by Canon law not to reveal it. That would not necessarily be where the matter stopped, however, as he could require, as part of the giving of absolution, that the offending priest turn himself in.

If the bishop had other, independently derived information, he might be required to report that to police, although he still could not reveal what her learned in confession.

And all of that presumes the State has a rule that abuse must be reported to the police.

At issue, also, is the age of the victim, as, at a certain point, the statutes may not require reporting.
 
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mhansen:
but not a day before responsibility for the abuse is taken by those who co-authored it…
Co-authored??? Can anyone point to one church document that said it is okay to sexual abuse minors?
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MaryAgnes:
If the abuser is held accountable and tried in secular courts, the bishops (and the Pope is a bishop) should also be held accounable by the same judicial system
A sexual abuser is held accountable in criminal court because he committed a sexual assault of a minor. To hold a bishop accoutable “by the same judicial system” would be a severe miscarriage of justice. They do not need to be tried the same as if they went out and committed a sexual assault.

The lawsuits are not about holding people responsible. If they were they would be directed at those that actual committed criminal acts. Instead they are about shifting responsibility from those deviants who committed to criminal acts to those with more money. It is greed, not justice that drives them.
 
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MaryAgnes:
While he may have legal immunity responding would be the moral and ethical thing to do. Or are we called to be legalistic?
No, it is not a matter of being legalistic. That immunity goes back long into history.

Further, underlying this is the assumption that Rome had any knowledge or any control. The alleged abuser at most may have had some legal connection to the diocese. Rome does not micro manage the Church; it is beyond presumptious that there is any viable legal theory that the Pope is liabel, or one of the dicasteries is liable.
The attorney is simply looking for what is called in legal circles, the “deep pocket”.
 
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Olympia:
I completely disagree. In my opinion, EVERYBODY is obligated to report a case of sexual abuse of another person.

This includes, bishops, priests, nuns, teachers, parents, siblings, school custodians, neighbors, or any child who is molested or knows of someone being molested.

What I want to know is why the police are never involved. When a child is molested, should not the parent report this to the police? And should not the police file a case in this matter, not hand it over to a bishop? I have asked this question before: how does it happen that the police are not doing their job? Did all these parents go directly to the bishop? It seems unlikely. Are priests granted immunity from crimes automatically? :mad:
The police are involved when the crime is made known. Most of the sexual abuse charges brought against the Church were committed against teen age boys. In the large majority of the cases, the boys made no report to anyone for years. No one, therefore, other than the boy knew it had happened, and the boy wasn’t talking.

Priests are granted no immunity whatsoever. However, the crime has to be discovered. The police are not in the habit ofasking individuals if they had committed a crime where there is no evidence a crime has been committed.

How would you feel if the police came to your house and asked you if you had ever shop-lifted?
 
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geojack:
I have always wondered why anyone would even go to the bishop for something like this.
because a) the bishop controls the priests in terms of their activities in the Church; b) because the parents often did not want to create scandal in both the Chruch and the community, and c) until recently, there were no mandatory laws requiring the reporting of abuse to the police (parents are still not bound by those laws, to the best of my knowledge; the laws are directed at teachers, doctors, and others in authority).
 
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mhansen:
I don’t claim to know the law on this, but I think the dispute stems from the fact that he was NOT Pope at the time, so therefore not head of state when the alleged indiscretions took place. Perhaps someone better versed in law can clear this up.
His immunity stems from the fact that he is now the head of the Church, and the head of Rome (the state).

The ridiculous part is that as head of a dicastery, he had jurisdiction only to hear a case, if it was brought, but no jurisdiction over either the bishop or the abuser in law.
 
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mhansen:
Like you said, I’m entitled to my opinion, and you are entitled to yours. Personally, I think anybody that had knowledge that this was going on and let it, or perhaps even worse, covered it up, is morally responsible to some degree.

My problem is not with the Pope himself as an individual, so much as it is with anyone who would condone acts of abuse against kids by remaining silent and allowing it to continue. If it seems that I “have a problem with Pope Benedict”, perhaps it’s because he fits this description.
He neither “covered it up” nor had any responsibility in the issue. He was in Rome as head of a dicastery. That does not give him juridical authority over the rest of the memebers of the Church.
 
This is where I would disagree. If the abuser is held accountable and tried in secular courts, the bishops (and the Pope is a bishop) should also be held accounable by the same judicial system. What is good for the priest is good for the bishop.
Oh, and so the Pope, the Supreme Head of the One, Holy, Catholic, and Apostolic Church AND in his own right the sovereign of the Vatican City State should go before a secular U.S. court for a grandstanding, money-grubbing lawsuit? The very idea is appalling. :mad: The Pope is not subject to any temporal authority.
The lawsuits are not about holding people responsible. If they were they would be directed at those that actual committed criminal acts. Instead they are about shifting responsibility from those deviants who committed to criminal acts to those with more money. It is greed, not justice that drives them.
Absolutely. When is enough enough? When the whole American Church is flat broke? :rolleyes:
 
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ComradeAndrei:
In order to acknowledge a wrong, we bankrupt dioceses? Take the money given by the people for the upkeep and running of the local Church and give it to a few people? Making some rich (or fairly well off) at the expense of the Church is wrong.

So, we let parishes close down and drain money that could have been used for the common good of everyone to provide “compensation”? I’m sorry, but I think that is ****. I want the Church to prosper, to spread the Gospel, not pay out inordinate lump sums to a few individuals because of some perverts.
Code:
 Most of these perverts committed their crimes long before the present bishop or even the present bishop's predecessor came to office, and many are deceased or were removed from ministry anyway. To make dioceses (let alone the Vatican) today pay millions for these sins of 30 or more years ago and committed outside the priest's authority is unjust, which is just one of the many reasons why statutes of limitations should be enforced.

      Just what is a "coverup" anyway? Is it simply staying quiet? If so, every one of us who declined to report any crime to police is guilty. Methinks one has to actually conceal or destroy evidence outside of the normal course of business, or lie to investigators, to "cover up" a crime. No one is claiming that happened; indeed the diocesan records explored in the John Jay study reveal that the records are intact and reveal much. If there were really a cover up, those records would have been destroyed long before 2002.

 No way should B16 or JPII be credibly accused of a "coverup." Nothing in their documents or instructions prevents bishops or others from reporting any crime of sexual abuse to police. Indeed, they did much to solve the problem before it even came to light. They couldn't do it all alone, though. (See my last line.)
Originally Posted by Olympia
*In my opinion, EVERYBODY is obligated to report a case of sexual abuse of another person.
*
Code:
 Not exactly. Not only has the priest-penitent privilege already been mentioned, but there are also the attorney-client and doctor/psychotherapist-patient privilege. Even if there were not a privilege, where there is no special duty (such as a social worker), an ordinary person should not have to make a judgment call as to whether some conduct is both truthfully told to him and constitutes "abuse" and report it to police or else risk criminal sanctions.

 Having said all this, our bishops were foolish to let this go on at all, let alone for 30+ years.
-Illini
 
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pnewton:
Co-authored??? Can anyone point to one church document that said it is okay to sexual abuse minors?
A sexual abuser is held accountable in criminal court because he committed a sexual assault of a minor. To hold a bishop accoutable “by the same judicial system” would be a severe miscarriage of justice. They do not need to be tried the same as if they went out and committed a sexual assault.

The lawsuits are not about holding people responsible. If they were they would be directed at those that actual committed criminal acts. Instead they are about shifting responsibility from those deviants who committed to criminal acts to those with more money. It is greed, not justice that drives them.
I can’t buy into that … guilt and responsibilty are both direct and indirect. The bishops who were responsible for covering up abuse and relocating sexually abusive clergy should also be tried–in a civil court. When they concealed the crime they became accessories after the fact.
 
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otm:
No, it is not a matter of being legalistic. That immunity goes back long into history.

Further, underlying this is the assumption that Rome had any knowledge or any control. The alleged abuser at most may have had some legal connection to the diocese. Rome does not micro manage the Church; it is beyond presumptious that there is any viable legal theory that the Pope is liabel, or one of the dicasteries is liable.
The attorney is simply looking for what is called in legal circles, the “deep pocket”.
Again, I take exception. The Pope was not “pope” when he allegedly concealed the abuse. Having a letter that so states that fact is not merely “looking for deep pockets.”
 
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