| Pascite gregem Dei Latin for 'Tend the flock of God' Apostolic constitution of Pope Francis | |
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| Signature date | 23 May 2021 |
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Pascite gregem Dei (Tend the flock of God) is an apostolic constitution issued by Pope Francis on 1 June 2021 which reforms Book VI of the 1983 Code of Canon Law. [1] [2] [3] It took effect on 8 December 2021. [4]
The Catholic Church updated Book VI of its 1983 Code of Canon Law in June 2021 (taking effect on 8 December 2021) for clearer rules on numerous offences, including sexual ones. The revision was the result of a long process commenced in 2009 to better prevent and address Catholic Church sexual abuse cases, mostly committed by clerics against underage children entrusted in their care, but also against vulnerable adults, or other sexual offences the Church regards as sinful due to breaching the clerical celibacy in the Catholic Church. Pope Francis, archbishop Filippo Iannone and other officials stated that bishops had been too lenient in penalising offenders in the past, in part because of the wiggle room the vague wording of canon law allowed for, and formally introduced laicization as a penalty for certain sexual offences. [5]
In Catholic theology, the Decalogue (or Ten Commandments) are numbered so that the sixth commandment is "Thou shalt not commit adultery". The Catholic Church's interpretation of the sixth commandment is much broader than just adultery (extramarital sex), and concerns a set of offences against chastity. The revised provisions on sexual offences are derived from this broad interpretation of the sixth commandment. The provisions in canon 1395 §3 are coercion-based, as they require evidence of the use of 'force, threats or abuse of his authority'. Canon 1398 §1 describes sexual offences in which the victim was deemed incapable of consenting (because of 'habitually [having] an imperfect use of reason'). There is no freely given sexual consent for people deemed capable of consenting. [6]
Before the December 2021 reform, the canon 1398 of the 1983 Code of Canon Law of the Catholic Church stated: "A person who procures a completed abortion incurs a latae sententiae excommunication". [7] Due to the reform, the legislation was renumbered as canon 1397 §2 and its wording was changed. [8]
Canon 1395 §3 states:
"A cleric who by force, threats or abuse of his authority commits an offence against the sixth commandment of the Decalogue or forces someone to perform or submit to sexual acts is to be punished with the same penalty as in § 2 [i.e. punished with just penalties, not excluding dismissal from the clerical state if the case so warrants]." [6]
Canon 1398 §1 states:
"A cleric is to be punished with deprivation of office and with other just penalties, not excluding, where the case calls for it, dismissal from the clerical state, if he:
- commits an offence against the sixth commandment of the Decalogue with a minor or with a person who habitually has an imperfect use of reason or with one to whom the law recognises equal protection;
- grooms or induces a minor or a person who habitually has an imperfect use of reason or one to whom the law recognises equal protection to expose himself or herself pornographically or to take part in pornographic exhibitions, whether real or simulated;
- immorally acquires, retains, exhibits or distributes, in whatever manner and by whatever technology, pornographic images of minors or of persons who habitually have an imperfect use of reason." [6]
Critics of the 2021 revision, including Catholic sexual abuse victims advocates, said that the Catholic Church was still attempting to retain control over the prosecution and punishment of suspected sex offenders instead of handing over suspects to the police and civil courts. Because Catholic canon law still does not require anyone within the Church to report suspicions to secular authorities, abuse can still be covered up and only leniently punished with no more than laicization or excommunication, according to victims advocate Bart Smeets. [9]
There have been many cases of sexual abuse of children by priests, nuns, and other members of religious life in the Catholic Church. In the 20th and 21st centuries, the cases have involved many allegations, investigations, trials, convictions, acknowledgement and apologies by Church authorities, and revelations about decades of instances of abuse and attempts by Church officials to cover them up. The abused include mostly boys but also girls, some as young as three years old, with the majority between the ages of 11 and 14. Criminal cases for the most part do not cover sexual harassment of adults. The accusations of abuse and cover-ups began to receive public attention during the late 1980s. Many of these cases allege decades of abuse, frequently made by adults or older youths years after the abuse occurred. Cases have also been brought against members of the Catholic hierarchy who covered up sex abuse allegations and moved abusive priests to other parishes, where abuse continued.
Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.
In the canon law of the Catholic Church, the loss of clerical state is the removal of a bishop, priest, or deacon from the status of being a member of the clergy.
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.4 billion baptized Catholics worldwide as of 2019. It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization. The church consists of 24 sui iuris churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The Diocese of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small independent city-state enclave within the Italian capital city of Rome, of which the pope is head of state.
The pontifical secret, pontifical secrecy, or papal secrecy is the code of confidentiality that, in accordance with the Latin canon law of the Catholic Church as modified in 1983, applies in matters that require greater than ordinary confidentiality:
Business of the Roman Curia at the service of the universal Church is officially covered by ordinary secrecy, the moral obligation of which is to be gauged in accordance with the instructions given by a superior or the nature and importance of the question. But some matters of major importance require a particular secrecy, called "pontifical secrecy", and must be observed as a grave obligation.
Latae sententiae and ferendae sententiae are ways sentences are imposed in the Catholic Church in its canon law.
Capital punishment in Vatican City was legal between 1929 and 1969, reserved for attempted assassination of the Pope, but has never been applied there. Executions were carried out elsewhere in the Papal States, which was the predecessor of the Vatican City, during their existence.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
Catholic Church sexual abuse cases in Canada are well documented dating back to the 1960s. The preponderance of criminal cases with Canadian Catholic dioceses named as defendants that have surfaced since the 1980s strongly indicate that these cases were far more widespread than previously believed. While recent media reports have centred on Newfoundland dioceses, there have been reported cases—tested in court with criminal convictions—in almost all Canadian provinces. Sexual assault is the act of an individual touching another individual sexually and/or committing sexual activities forcefully and/or without the other person's consent. The phrase Catholic sexual abuse cases refers to acts of sexual abuse, typically child sexual abuse, by members of authority in the Catholic church, such as priests. Such cases have been occurring sporadically since the 11th century in Catholic churches around the world. This article summarizes some of the most notable Catholic sexual abuse cases in Canadian provinces.
The ecclesiastical response to Catholic sexual abuse cases is a major aspect of the academic literature surrounding the Church's child sexual abuse scandal. The Catholic Church's response to the scandal can be viewed on three levels: the diocesan level, the episcopal conference level and the Vatican. Responses to the scandal proceeded at all three levels in parallel with the higher levels becoming progressively more involved as the gravity of the problem became more apparent.
The media coverage of Catholic sex abuse cases is a major aspect of the academic literature surrounding the pederastic priest scandal.
The Curial response to Catholic sexual abuse cases was a significant part of the Church's response to Catholic sexual abuse cases. Its policies have shifted from favoring secrecy in the 20th century to active reform and apologies in the 21st century. Under the current leadership of Pope Francis, the issue has been addressed through direct instructions to report cases of sexual abuse and revoking the former policies of secrecy.
The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church. The organs of state are governed by the Fundamental Law of Vatican City State. The Code of Penal Procedure governs tribunals and the Lateran Treaty governs relations with the Italian Republic.
In the canon law of the Catholic Church, excommunication is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism. The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated person is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.
Catholic laity are the ordinary members of the Catholic Church who are neither clergy nor recipients of Holy Orders or vowed to life in a religious order or congregation. Their mission, according to the Second Vatican Council, is to "sanctify the world".
Charles Jude Scicluna is a Canadian-Maltese prelate of the Catholic Church who has served as Archbishop of Malta since 2015. Both as a curial official and since becoming a bishop, he has conducted investigations into sexual abuse by clergy on behalf of the Holy See and led a board that reviews such cases. He has been called "the Vatican's most respected sex crimes expert".
Józef Wesołowski was a Polish prelate of the Roman Catholic Church. He was an archbishop from 2000 until being laicized by the Holy See in 2014. He was the Apostolic Nuncio to the Dominican Republic from January 2008 until he was recalled in August 2013. Authorities in the Dominican Republic were investigating allegations of child abuse against him. In June 2015, the Vatican announced he would stand trial on charges of possessing child pornography, for which he faced a possible prison term. He died on 27 August 2015 of a heart attack before going to trial.
The following outline is provided as an overview of and topical guide to the canon law of the Catholic Church:
Vos estis lux mundi is a motu proprio by Pope Francis, promulgated on 9 May 2019. It establishes new procedural norms to combat sexual abuse and ensure that bishops and religious superiors are held accountable for their actions. It establishes universal norms, which apply to the whole church. As an experiment, the norms entered into force for a period of three years, starting on 1 June 2019. The norms were then expanded and made permanent on 25 March 2023, with their coming into force on 30 April 2023.
Sexual consent plays an important role in laws regarding rape, sexual assault and other forms of sexual violence. In a court of law, whether or not the alleged victim had freely given consent, and whether or not they were deemed to be capable of giving consent, can determine whether the alleged perpetrator is guilty of rape, sexual assault or some other form of sexual misconduct.