The Problem of Sexual Molestation by Roman Catholic Clergy, Part 3
CRIMINAL LAW CONSIDERATIONS
Every civil jurisdiction (usually by states) has statutes which impose civil and criminal penalties on persons who engage in illicit sexual activities with children and/or adolescents. If a cleric is charged with sexual misconduct civil law suits can be lodged against him and his Ordinary for monetary damages to the victim and families resulting from felonious conduct. The offender could also be charged with criminal activity. If a sworn complaint is received by a police agency or a prosecutor (DA) it is inevitable that criminal charges will be filed causing the press to publish reports of the charges. This would lead investigative reporters to delve into the details of the case.
What follows the pressing of criminal charges is this: upon completion of the criminal investigation by the police authorities and the D.A., an indictment is obtained, the priest or cleric will be apprehended and arrested, placed in custody i.e., jail pending a bond hearing where it will be required that some individual or entity (Ordinary or Diocese) assume substantial financial obligations which will allow the priest offender to remain free (in treatment) pending trial. A very expensive criminal defense will be required prior to and through the course of the trial. At the conclusion of the trial the priest will either be acquitted or convicted. Upon conviction the priest will be sentenced to imprisonment at a state penitentiary. A judge usually has no choice (depending on the jurisdiction and what the priest is found guilty of) but to sentence a convicted offender to prison.
1. In most or all jurisdictions there are statutes which require that instances of child abuse be reported to the civil authorities. The failure to do so can result in civil and/or criminal penalties.
2. Providing a Criminal Defense
Every instance of sexual molestation of a child is a criminal offense. A judge must sentence a convicted offender to prison. Though this is more properly the domain of the canon law, an Ordinary has some degree of obligation to provide an offender with a competent trial lawyer in order that he be adequately defended as is his right.
3. Conflict Presented by Civil Cases
The fifth amendment of the U.S. Constitution provides the right to all who are accused of committing crimes to remain silent and say nothing to anyone which might later be used against the subject in a court of law. Therefore, should or must the Ordinary provide a criminal lawyer to the priest prior or in advance of having the initial conversation with the priest about the complaint. Can the priest refuse to answer the questions posed by the Ordinary based on his civil constitutional rights in anticipation of criminal charges being filed against him? Can the Ordinary be forced to reveal or convey any communication he receives from the priest to police or prosecution authorities which information would either be utilized to provide corroborating evidence of the priest's guilt or provide the very basis for the prosecution. The basic conflict that exists here is whether or not the priest should honestly communicate with his Ordinary or not.
Though the accused priest is obviously the one in the best position to provide all of the basic information about the alleged incidents. This essential information is needed in order to determine how best to proceed with such matters as treatment plans for the offender; identifying all of the victims and their families so that adequate intervention can be planned etc. Nevertheless if the priest, in all good faith provides this information to his Ordinary it may derogate from his fifth amendment privilege. This could, in some jurisdictions, literally finish him in terms of a defense in criminal prosecution.
The choice of a criminal attorney at the earliest stage and the creation of the mutually cooperative relationship between the criminal attorney and counsel in the civil cases as well as insurance counsel is very important.
4. Unavailability of Plea Bargaining Process
Plea bargaining is process whereby a district attorney and a criminal defense lawyer reach a binding agreement providing that there shall be no trial. The defendant, as a result of the plea bargain, admits guilt to a crime, and receives a minimal sentence, much lighter than the maximum which might well have been imposed following a trial.
Plea bargains are unavailable in criminal cases where there is the commission of a heinous and odious crime against a young and defenseless victim. These cases are very high profile, attracting wide-spread media attention and these cases enrage communities, all of which creates obvious and subtle political pressure bearing down on the prosecutor or D.A. This forces him to bring the cases to trial. District attorneys in these cases want to make certain that there is no perception in the public or opinion in the community that because the Church was involved that the D.A. has treated the priest in a deferential or preferential manner. To prove his political independence the tendency of most D.A.'s would be to prosecute fully.
5. Extreme Criminal Law Possibilities for Superiors
There have been situations wherein District Attorneys almost pressed criminal charges against the priest's Ordinary which criminal charges would have resulted in the indictment, arrest, incarceration, bonding, trial or the Ordinary. Had this process occurred, upon conviction, the Ordinary would have been faced with the possibility of serving a severe sentence in the penitentiary.
There are a lot of criminal laws which pertain to an Ordinary in instances of sexual molestation of children by their subjects. Primarily there are two broad areas under which this criminal responsibility falls. First, the area of reporting. Failure to report information regarding sexual molestation of a child by a priest when such information is available or in the possession of the Ordinary, is considered a criminal offense in some states. Secondly, to allow a priest to continue to function, endangering the health of children, following the receipt of private, confidential knowledge that this priest victimized a child is considered to be “criminal neglect” (a crime in many states).
The proposal contained herein seeks to deal with this very serious question.
SIGNIFICANT CLINICAL/MEDICAL CONSIDERATIONS
The section entitled “Clinical/Medical Questions” posed many of the importance questions which face an ordinary in dealing with a cleric who is alleged to have committed sexual abuse or a related act on a child or adolescent. The following considerations in this same area expand on the problems which the alleged offense poses to the Ordinary. It is intended that they provide essential information at the outset. These considerations in no way respond to all of the pertinent questions.
SIGNIFICANT CLINICAL/MEDICAL CONSIDERATIONS
Pre-Intervention Strategy by the Ordinary
The Ordinary, rather than a subordinant or vicar, should confront the cleric as soon as an allegation of a sexual offense is made about the cleric. The Bishop-Priest relationship for instance, is a very special one and should be utilized to the fullest both canonically and psychologically, to intervene immediately if there is a suspicion or allegation of sexual abuse by a priest.
Prior to speaking with the priest (or cleric) the Ordinary (usually the bishop except in the case of religious clerics) should speak with a priest-psychologist who is knowledgeable about this particular problem. This should be done before the Bishop confronts or speaks with the priest so that the bishop can obtain some “pointers” on the intervention itself. The priest-psychologist can also assist the bishop in designing some personalized strategies according to the nature of the allegations made and the personality of the priest involved.
The Ordinary should make it clear to the priest before even stating the allegations that it is vitally important that truthfulness exist between them. The Ordinary should re-assure the priest or cleric that he will support him legally and financially and that he will also help him to obtain evaluation and treatment for his problems. However if the priest chooses not to be fully honest in the initial intervention, the Ordinaty may still be obliged to be helpful but he could/should let the priest know that he would be disturbed by the lack of truthfulness in the initial interview.
This initial conversation between the Ordinary and the priest may be one of the most important moments in the sequence of events that will follow. It is assumed that most Ordinaries in the United States have not had a great deal of experience with child abuse by the clergy and for that reason they need some professional re-assurance for the initial encounter with the accused. Each priest or cleric brings a different set of problems and a different set of circumstances concerning the sexual abuse. The initial intervention should be tailored accordingly.
What Are the Causes of Sexual Abuse by Roman Catholic Clergy
Once the priest or cleric admits to any type of sexual contact with children or adolescents it is not appropriate for the Ordinary to delve into the causes of this sexual abuse. This is best left to the professionals who have had a good deal of experience in this area and who understand Roman Catholic clergy.
Nevertheless it is important that the Ordinary have some idea as to what these causes are so that an appropriate place can be chosen for the evaluation and treatment of the priest.
A concrete example best: illustrates the question. A 32 year old priest had been seen by a psychiatrist in private out-patient therapy for 2 1/2 years which included the administration of psytropic medications. For over a three year period this priest had inappropriately committed sexual crimes in a public grammar school yard in three different locales. He was on his way to jail. He had been evaluated by two “excellent” mental health centers which stated that the inappropriate sexual behavior was due to early childhood experiences that required intense psychotherapy and perhaps group therapy.
When the priest was sent to another evaluation center with the capability of looking at medical, neurological and substance abuse problems as well as psychiatric and psychological problems, it was found that the priest had been drinking over one quart of bourbon a day over the past five years but was unable to admit to having an alcohol problem. In such a case it would have been inappropriate to have this priest continue to see the private psychiatrist. Rather alcoholism, the primary disorder, would have to be treated and then the inappropriate sexual behaviors evaluated after the patient had been sober for a number of months.
Statistically, at least in regard to adolescent sexual abuse by priests, drugs and alcohol are the primary complicating problem or “mitigating” factor that the treatment professionals must deal with. Even though alcohol or drug abuse is present it does not mean that the sexual problem will necessarily disappear following treatment. There is however, a greater likelihood that the individual will be able to exert control and prudence if he is sober and is monitored over a prolonged period of time. Naturally treatment should be given for the sexual issues as well as the substance abuse issues.
Further, there are a number of rarer or more unusual disorders that can cause unusual behavior over a prolonged period of time. These include such disorders as manic-depressive illness, frontal lobe dysfunction, temporal lobe epilepsy, brain tumors etc. These problems will never come to light if a priest of cleric is evaluated at a center that looks only at the psychological dynamics of the patients family, his adult and religious life as the source of all problems, using the same model for treatment. Refer again to the 32 year old priest with two competent evaluation, neither of which uncovered the problem of alcohol abuse.
How Soon Should the Evaluation Take Place
IMMEDIATELY. As soon as the Ordinary has ascertained that there is some truth to the allegations of sexual abuse by a cleric, arrangements should be made the same day or the following day at the latest for the priest's transfer to an evaluation center. The Ordinary may be familiar with a competent evaluation center or may have discussed such a center with the priest-psychologist.
It is especially important to understand that evaluation centers may be located in states having reporting laws which might prove problematic for the Ordinary. For examples some states have enacted legislation that does not extend privilege of communication between a patient and his psychologist or psychiatrist to cases involving child abuse, including sexual abuse of children. In Massachusetts a therapist, no matter what his training, must report the incident to the local authorities if there is any indication that the incident occurred within the state of Massachusetts. It is also possible that this extends to people who were involved with other adults who were involved with the incident in the state of Massachusetts. For this reason this state would be a hazardous area to send a priest for evaluation because of the stringency and extent of the reporting laws. Almost all states require and suspend the privileged communication between mental health professionals and the child if the child is the patient. A sexually or physically abused child seen by such a mental health professional must be reported in all 50 states along with the names of the persons offered by the child.
The point here is that the Ordinary should determine the reporting laws in the states of possible evaluation centers. It would be wise to consult with attorneys knowledgeable of these issues prior to sending the priest for evaluation.
The nature of the disorder dictates why the evaluation should be immediate. We are dealing with compulsive sexual habits which the priest may temporarily suspend in the face of legal or canonical pressure, but not in all instances. There are many examples wherein sexual abuse took place very soon after the the confrontation between the priest and his Ordinary had taken place. The priest must clearly be seen as one suffering from a psychiatric disorder that is beyond his ability to control. For this reason...the compulsion of the disorder...evaluation of the disorder and the separation from temptation should be immediate and stated as such to the priest by the Ordinary without the Ordinary experiencing any feelings of misplaced guilt or lack of charity. This will emphasize to the priest the importance of his being truthful both to the bishop and to the evaluating mental health professionals.
Should the Alleged Offender See Anyone else Prior to Evaluation
The Ordinary may perceive, as he converses with the priest, that the latter is not taking the allegations very seriously. If this is true it is strongly urged that the Ordinary have the priest meet with competent attorneys conversant in dealing with the issue (whether or not there is an immediate legal threat). This should be arranged immediately. The attorneys should outline in detail all of the possible consequences in criminal law as well as the civil law liability of the priest and the diocese. This will also be helpful to the evaluation center since the priest will have a better appreciation of the significance and consequences of his behavior and perhaps even of the effect it may have had on the victims.
What About Canonical Suspension
A suspension of the cleric, especially if he is a priest, should happen in all cases. This makes a clear separation between the Ordinary and the cleric. It is a statement that the man is not capable of carrying out his sacred functions or ministry until an evaluation is completed and a determination of his fitness for ministry is made.
How Long Does an Evaluation Take
Some mention should be made of the open ended nature of the evaluation. Many times it takes a week or two for the evaluating center to arrive at a good picture and feel for the total situation involved with the priest as well as his diocese or religious community. Most centers will do an evaluation in five days but usually will extend it in order to better get to know the priest and his diocese/community. Thus they are in a position to make a better recommendation to the Ordinary when the evaluation is completed.
What Should an Adequate Evaluation Include
This is a very important question. In the final report the following should be looked for as part of the evaluation from any competent center.
a. Clear evaluation by the psychologist or psychiatrist who has had experience in dealing with sex offenders of different types.
b. An evaluation by a chemical dependency counselor or someone with equivalent experience in substance abuse to make certain that the person does not have a history of abuse of alcohol or drugs which would be contributing to sexual problems.
c. A complete physical and neurological examination completed by an internist or neurologist.
d. A electroencephelogram done both in the sleep state and with nasopharengel leads.
e. A CT brain scan with and without contrast dye study to rule out the possibility of intercerebral tumors or other cerebral pathology.
f. Blood and urine laboratory tests that rule out the presence of alcohol and/or other illicit substances. The lab test should include an evaluation of liver, kidney, endocrine, lung, heart, and other vital functioning, all of which may give clues as to the presence of “mitigating: problems that must be explored.
g. Some neurological assessment including an intelligence test which will give an idea of the ”functional“ capacity of the patient.
h. Appropriate psychological tests including projective testing which may give clues as to the stability of the character structure of the priest or the pathology of the character structure.
This is not an exhaustive but a basic list of tests which should be completed on a priest who is accused of sexual offenses. In other words, it is important to have an holistic approach to the problem which helps to discover mitigating factors which will assist in moving in the correct direction for the appropriate modality and treatment facility.
How To Choose an Appropriate Treatment Center
This is a most difficult and at the same time important question for the Ordinary. He may have a center where he has been pleased with the treatment of priests with other problems. However the ”favorite treatment center“ may not be the appropriate center for clerics with sexual problems, especially if the problem is pedophilia. The following is a partial list of appropriate questions to be answered.
a. Have the therapists and other professionals of the center had significant past experience in dealing with sexual abuse/sexual offenders/pedophiles. Will the priest be supervised by professionals with such experience?
b. What kinds of physical and environmental restrictions will be placed while the priest is in therapy. Will he be allowed use of a car at any times? Will there be non-supervised periods in a 24 hour period each day? Will he be allowed to go out to dinner, entertainments, churches where he might encounter children in the course of his treatment program.
c. Will he be allowed to consume alcohol of any kind. No sex offender should ever be allowed use of alcohol or drugs in a recreational or social setting because of the possibility of relaxing inhibitions or relapse of sexual acts. Total abstinence is a must in order for there to be hope for abstinence and control of the sexual problem.
d. What are the criteria used to determine the fitness of the priest for discharge, possible return to ministry. How are these criteria tested during the treatment program.
e. What self-help group will the priest be required to attend while in the treatment program as well as after he leaves. It is essential that there be some form of mandatory self-help group such as AA or a sex offender group for the rest of this person's life. This should be started during in-patient treatment and encouraged, to the degree that the patient is taken to the group if necessary.
f. What concrete follow-up plans are made for the patient after treatment is concluded. Does he return on a period basis for an aftercare program. What kind of aftercare programs are set up in the diocese if the priest is to return to function there. What are the guidelines that will be given to the Ordinary with reference to future functioning in the diocese.
All of these plus many more questions must be answered. Every treatment center is not the same nor do all have the same treatment philosophy. It must be stated unequivocally that a pure psychoanalytic or psychodynamically based program is inadequate for the treatment of sex offenders. There must be a multi-disciplinary and multi-dimensional approach to the treatment of these very special people and it is essential that the Ordinary find out exactly what is offered in and by the different treatment programs and centers before a decision is made to place the priest in a center for a prolonged period of time.
Can the Priest Ever Return to Ministry in the Diocese
Individual factors, the extent of the sexual abuse, the extent of the notoriety involved and the extent of knowledge of the problem are but some of the factors that go into this question.
The treatment center chosen should be one that works on a ”family model" approach. This means that members of the religious family involved with the priest prior to treatment should be involved in the treatment and in the post treatment plans. There should be close communication and coordination with the diocese or religious community so that when this question arises during in-patient treatment, it can be answered directly and specifically and the treatment program moved in such a way as to assist the priest in looking at his fitness for ministry or finding new ministries or occupations.
It is inadequate to treat a sex offender in the diocese on a private psycho therapy model. It should be emphasized that in-patient treatment, preferably with peers, is the most preferable mode and the one which will have the best results.
What About the Families of the Victims
This is a very delicate area. While the welfare of the priest-offender is considered very important to the church officials, the welfare both at the time of the abuse and well into the future of the victims is most important and should be given a priority by Ordinaries. The effects of sexual abuse of children by adults are long lasting and go well into adulthood. This is well documented though it may well be difficult to predict the extent of the effects in particular cases. We are speaking not only of psychological effects but also the spiritual effects since the perpetrators of the abuse are priests or clerics. This will no doubt have a profound effect on the faith life of the victims, their families and others in the community.
A rather direct approach should be made to the family (in conjunction with consultation with competent civil attorneys). Psychological help and other needed assistance should be offered to the victims and their families. If the family seems disposed to such a move, there should be some form of healing, if possible, between the priest and the family, possibly in terms of monitored communication or perhaps even a family meeting with the priest at some point when the priest, Ordinary and family are disposed to it.
We have been rather ignorant of the effects of sexual abuse of children by Catholic clergy over the years because it has never been investigated or studied in a systematic manner. However from a professional viewpoint, enough adult persons who have been in therapy in the past several years have discussed abuse by priests that it seems clear that such abuse has a profound effect even when it does not come to the attention of parents, family members or the civil or church authorities.
The extent and degree of the sexual abuse, the age of the child at the time of outset of the abuse, when it was discovered and finished, the manner in which it was discovered, any other dimensions of relationship of the priest with the family...these are all factors involved in treating the victims and their families. Special mental health professionals, trained and competent in this particular area, should be called on by the Ordinary to provide help and support as soon as is feasible. This is also a healthy preventive measure with respect to civil litigation since most families are eager to help their children and themselves in these embarrassing and complex psychosocial problems.
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Every civil jurisdiction (usually by states) has statutes which impose civil and criminal penalties on persons who engage in illicit sexual activities with children and/or adolescents. If a cleric is charged with sexual misconduct civil law suits can be lodged against him and his Ordinary for monetary damages to the victim and families resulting from felonious conduct. The offender could also be charged with criminal activity. If a sworn complaint is received by a police agency or a prosecutor (DA) it is inevitable that criminal charges will be filed causing the press to publish reports of the charges. This would lead investigative reporters to delve into the details of the case.
What follows the pressing of criminal charges is this: upon completion of the criminal investigation by the police authorities and the D.A., an indictment is obtained, the priest or cleric will be apprehended and arrested, placed in custody i.e., jail pending a bond hearing where it will be required that some individual or entity (Ordinary or Diocese) assume substantial financial obligations which will allow the priest offender to remain free (in treatment) pending trial. A very expensive criminal defense will be required prior to and through the course of the trial. At the conclusion of the trial the priest will either be acquitted or convicted. Upon conviction the priest will be sentenced to imprisonment at a state penitentiary. A judge usually has no choice (depending on the jurisdiction and what the priest is found guilty of) but to sentence a convicted offender to prison.
1. In most or all jurisdictions there are statutes which require that instances of child abuse be reported to the civil authorities. The failure to do so can result in civil and/or criminal penalties.
2. Providing a Criminal Defense
Every instance of sexual molestation of a child is a criminal offense. A judge must sentence a convicted offender to prison. Though this is more properly the domain of the canon law, an Ordinary has some degree of obligation to provide an offender with a competent trial lawyer in order that he be adequately defended as is his right.
3. Conflict Presented by Civil Cases
The fifth amendment of the U.S. Constitution provides the right to all who are accused of committing crimes to remain silent and say nothing to anyone which might later be used against the subject in a court of law. Therefore, should or must the Ordinary provide a criminal lawyer to the priest prior or in advance of having the initial conversation with the priest about the complaint. Can the priest refuse to answer the questions posed by the Ordinary based on his civil constitutional rights in anticipation of criminal charges being filed against him? Can the Ordinary be forced to reveal or convey any communication he receives from the priest to police or prosecution authorities which information would either be utilized to provide corroborating evidence of the priest's guilt or provide the very basis for the prosecution. The basic conflict that exists here is whether or not the priest should honestly communicate with his Ordinary or not.
Though the accused priest is obviously the one in the best position to provide all of the basic information about the alleged incidents. This essential information is needed in order to determine how best to proceed with such matters as treatment plans for the offender; identifying all of the victims and their families so that adequate intervention can be planned etc. Nevertheless if the priest, in all good faith provides this information to his Ordinary it may derogate from his fifth amendment privilege. This could, in some jurisdictions, literally finish him in terms of a defense in criminal prosecution.
The choice of a criminal attorney at the earliest stage and the creation of the mutually cooperative relationship between the criminal attorney and counsel in the civil cases as well as insurance counsel is very important.
4. Unavailability of Plea Bargaining Process
Plea bargaining is process whereby a district attorney and a criminal defense lawyer reach a binding agreement providing that there shall be no trial. The defendant, as a result of the plea bargain, admits guilt to a crime, and receives a minimal sentence, much lighter than the maximum which might well have been imposed following a trial.
Plea bargains are unavailable in criminal cases where there is the commission of a heinous and odious crime against a young and defenseless victim. These cases are very high profile, attracting wide-spread media attention and these cases enrage communities, all of which creates obvious and subtle political pressure bearing down on the prosecutor or D.A. This forces him to bring the cases to trial. District attorneys in these cases want to make certain that there is no perception in the public or opinion in the community that because the Church was involved that the D.A. has treated the priest in a deferential or preferential manner. To prove his political independence the tendency of most D.A.'s would be to prosecute fully.
5. Extreme Criminal Law Possibilities for Superiors
There have been situations wherein District Attorneys almost pressed criminal charges against the priest's Ordinary which criminal charges would have resulted in the indictment, arrest, incarceration, bonding, trial or the Ordinary. Had this process occurred, upon conviction, the Ordinary would have been faced with the possibility of serving a severe sentence in the penitentiary.
There are a lot of criminal laws which pertain to an Ordinary in instances of sexual molestation of children by their subjects. Primarily there are two broad areas under which this criminal responsibility falls. First, the area of reporting. Failure to report information regarding sexual molestation of a child by a priest when such information is available or in the possession of the Ordinary, is considered a criminal offense in some states. Secondly, to allow a priest to continue to function, endangering the health of children, following the receipt of private, confidential knowledge that this priest victimized a child is considered to be “criminal neglect” (a crime in many states).
The proposal contained herein seeks to deal with this very serious question.
SIGNIFICANT CLINICAL/MEDICAL CONSIDERATIONS
The section entitled “Clinical/Medical Questions” posed many of the importance questions which face an ordinary in dealing with a cleric who is alleged to have committed sexual abuse or a related act on a child or adolescent. The following considerations in this same area expand on the problems which the alleged offense poses to the Ordinary. It is intended that they provide essential information at the outset. These considerations in no way respond to all of the pertinent questions.
SIGNIFICANT CLINICAL/MEDICAL CONSIDERATIONS
Pre-Intervention Strategy by the Ordinary
The Ordinary, rather than a subordinant or vicar, should confront the cleric as soon as an allegation of a sexual offense is made about the cleric. The Bishop-Priest relationship for instance, is a very special one and should be utilized to the fullest both canonically and psychologically, to intervene immediately if there is a suspicion or allegation of sexual abuse by a priest.
Prior to speaking with the priest (or cleric) the Ordinary (usually the bishop except in the case of religious clerics) should speak with a priest-psychologist who is knowledgeable about this particular problem. This should be done before the Bishop confronts or speaks with the priest so that the bishop can obtain some “pointers” on the intervention itself. The priest-psychologist can also assist the bishop in designing some personalized strategies according to the nature of the allegations made and the personality of the priest involved.
The Ordinary should make it clear to the priest before even stating the allegations that it is vitally important that truthfulness exist between them. The Ordinary should re-assure the priest or cleric that he will support him legally and financially and that he will also help him to obtain evaluation and treatment for his problems. However if the priest chooses not to be fully honest in the initial intervention, the Ordinaty may still be obliged to be helpful but he could/should let the priest know that he would be disturbed by the lack of truthfulness in the initial interview.
This initial conversation between the Ordinary and the priest may be one of the most important moments in the sequence of events that will follow. It is assumed that most Ordinaries in the United States have not had a great deal of experience with child abuse by the clergy and for that reason they need some professional re-assurance for the initial encounter with the accused. Each priest or cleric brings a different set of problems and a different set of circumstances concerning the sexual abuse. The initial intervention should be tailored accordingly.
What Are the Causes of Sexual Abuse by Roman Catholic Clergy
Once the priest or cleric admits to any type of sexual contact with children or adolescents it is not appropriate for the Ordinary to delve into the causes of this sexual abuse. This is best left to the professionals who have had a good deal of experience in this area and who understand Roman Catholic clergy.
Nevertheless it is important that the Ordinary have some idea as to what these causes are so that an appropriate place can be chosen for the evaluation and treatment of the priest.
A concrete example best: illustrates the question. A 32 year old priest had been seen by a psychiatrist in private out-patient therapy for 2 1/2 years which included the administration of psytropic medications. For over a three year period this priest had inappropriately committed sexual crimes in a public grammar school yard in three different locales. He was on his way to jail. He had been evaluated by two “excellent” mental health centers which stated that the inappropriate sexual behavior was due to early childhood experiences that required intense psychotherapy and perhaps group therapy.
When the priest was sent to another evaluation center with the capability of looking at medical, neurological and substance abuse problems as well as psychiatric and psychological problems, it was found that the priest had been drinking over one quart of bourbon a day over the past five years but was unable to admit to having an alcohol problem. In such a case it would have been inappropriate to have this priest continue to see the private psychiatrist. Rather alcoholism, the primary disorder, would have to be treated and then the inappropriate sexual behaviors evaluated after the patient had been sober for a number of months.
Statistically, at least in regard to adolescent sexual abuse by priests, drugs and alcohol are the primary complicating problem or “mitigating” factor that the treatment professionals must deal with. Even though alcohol or drug abuse is present it does not mean that the sexual problem will necessarily disappear following treatment. There is however, a greater likelihood that the individual will be able to exert control and prudence if he is sober and is monitored over a prolonged period of time. Naturally treatment should be given for the sexual issues as well as the substance abuse issues.
Further, there are a number of rarer or more unusual disorders that can cause unusual behavior over a prolonged period of time. These include such disorders as manic-depressive illness, frontal lobe dysfunction, temporal lobe epilepsy, brain tumors etc. These problems will never come to light if a priest of cleric is evaluated at a center that looks only at the psychological dynamics of the patients family, his adult and religious life as the source of all problems, using the same model for treatment. Refer again to the 32 year old priest with two competent evaluation, neither of which uncovered the problem of alcohol abuse.
How Soon Should the Evaluation Take Place
IMMEDIATELY. As soon as the Ordinary has ascertained that there is some truth to the allegations of sexual abuse by a cleric, arrangements should be made the same day or the following day at the latest for the priest's transfer to an evaluation center. The Ordinary may be familiar with a competent evaluation center or may have discussed such a center with the priest-psychologist.
It is especially important to understand that evaluation centers may be located in states having reporting laws which might prove problematic for the Ordinary. For examples some states have enacted legislation that does not extend privilege of communication between a patient and his psychologist or psychiatrist to cases involving child abuse, including sexual abuse of children. In Massachusetts a therapist, no matter what his training, must report the incident to the local authorities if there is any indication that the incident occurred within the state of Massachusetts. It is also possible that this extends to people who were involved with other adults who were involved with the incident in the state of Massachusetts. For this reason this state would be a hazardous area to send a priest for evaluation because of the stringency and extent of the reporting laws. Almost all states require and suspend the privileged communication between mental health professionals and the child if the child is the patient. A sexually or physically abused child seen by such a mental health professional must be reported in all 50 states along with the names of the persons offered by the child.
The point here is that the Ordinary should determine the reporting laws in the states of possible evaluation centers. It would be wise to consult with attorneys knowledgeable of these issues prior to sending the priest for evaluation.
The nature of the disorder dictates why the evaluation should be immediate. We are dealing with compulsive sexual habits which the priest may temporarily suspend in the face of legal or canonical pressure, but not in all instances. There are many examples wherein sexual abuse took place very soon after the the confrontation between the priest and his Ordinary had taken place. The priest must clearly be seen as one suffering from a psychiatric disorder that is beyond his ability to control. For this reason...the compulsion of the disorder...evaluation of the disorder and the separation from temptation should be immediate and stated as such to the priest by the Ordinary without the Ordinary experiencing any feelings of misplaced guilt or lack of charity. This will emphasize to the priest the importance of his being truthful both to the bishop and to the evaluating mental health professionals.
Should the Alleged Offender See Anyone else Prior to Evaluation
The Ordinary may perceive, as he converses with the priest, that the latter is not taking the allegations very seriously. If this is true it is strongly urged that the Ordinary have the priest meet with competent attorneys conversant in dealing with the issue (whether or not there is an immediate legal threat). This should be arranged immediately. The attorneys should outline in detail all of the possible consequences in criminal law as well as the civil law liability of the priest and the diocese. This will also be helpful to the evaluation center since the priest will have a better appreciation of the significance and consequences of his behavior and perhaps even of the effect it may have had on the victims.
What About Canonical Suspension
A suspension of the cleric, especially if he is a priest, should happen in all cases. This makes a clear separation between the Ordinary and the cleric. It is a statement that the man is not capable of carrying out his sacred functions or ministry until an evaluation is completed and a determination of his fitness for ministry is made.
How Long Does an Evaluation Take
Some mention should be made of the open ended nature of the evaluation. Many times it takes a week or two for the evaluating center to arrive at a good picture and feel for the total situation involved with the priest as well as his diocese or religious community. Most centers will do an evaluation in five days but usually will extend it in order to better get to know the priest and his diocese/community. Thus they are in a position to make a better recommendation to the Ordinary when the evaluation is completed.
What Should an Adequate Evaluation Include
This is a very important question. In the final report the following should be looked for as part of the evaluation from any competent center.
a. Clear evaluation by the psychologist or psychiatrist who has had experience in dealing with sex offenders of different types.
b. An evaluation by a chemical dependency counselor or someone with equivalent experience in substance abuse to make certain that the person does not have a history of abuse of alcohol or drugs which would be contributing to sexual problems.
c. A complete physical and neurological examination completed by an internist or neurologist.
d. A electroencephelogram done both in the sleep state and with nasopharengel leads.
e. A CT brain scan with and without contrast dye study to rule out the possibility of intercerebral tumors or other cerebral pathology.
f. Blood and urine laboratory tests that rule out the presence of alcohol and/or other illicit substances. The lab test should include an evaluation of liver, kidney, endocrine, lung, heart, and other vital functioning, all of which may give clues as to the presence of “mitigating: problems that must be explored.
g. Some neurological assessment including an intelligence test which will give an idea of the ”functional“ capacity of the patient.
h. Appropriate psychological tests including projective testing which may give clues as to the stability of the character structure of the priest or the pathology of the character structure.
This is not an exhaustive but a basic list of tests which should be completed on a priest who is accused of sexual offenses. In other words, it is important to have an holistic approach to the problem which helps to discover mitigating factors which will assist in moving in the correct direction for the appropriate modality and treatment facility.
How To Choose an Appropriate Treatment Center
This is a most difficult and at the same time important question for the Ordinary. He may have a center where he has been pleased with the treatment of priests with other problems. However the ”favorite treatment center“ may not be the appropriate center for clerics with sexual problems, especially if the problem is pedophilia. The following is a partial list of appropriate questions to be answered.
a. Have the therapists and other professionals of the center had significant past experience in dealing with sexual abuse/sexual offenders/pedophiles. Will the priest be supervised by professionals with such experience?
b. What kinds of physical and environmental restrictions will be placed while the priest is in therapy. Will he be allowed use of a car at any times? Will there be non-supervised periods in a 24 hour period each day? Will he be allowed to go out to dinner, entertainments, churches where he might encounter children in the course of his treatment program.
c. Will he be allowed to consume alcohol of any kind. No sex offender should ever be allowed use of alcohol or drugs in a recreational or social setting because of the possibility of relaxing inhibitions or relapse of sexual acts. Total abstinence is a must in order for there to be hope for abstinence and control of the sexual problem.
d. What are the criteria used to determine the fitness of the priest for discharge, possible return to ministry. How are these criteria tested during the treatment program.
e. What self-help group will the priest be required to attend while in the treatment program as well as after he leaves. It is essential that there be some form of mandatory self-help group such as AA or a sex offender group for the rest of this person's life. This should be started during in-patient treatment and encouraged, to the degree that the patient is taken to the group if necessary.
f. What concrete follow-up plans are made for the patient after treatment is concluded. Does he return on a period basis for an aftercare program. What kind of aftercare programs are set up in the diocese if the priest is to return to function there. What are the guidelines that will be given to the Ordinary with reference to future functioning in the diocese.
All of these plus many more questions must be answered. Every treatment center is not the same nor do all have the same treatment philosophy. It must be stated unequivocally that a pure psychoanalytic or psychodynamically based program is inadequate for the treatment of sex offenders. There must be a multi-disciplinary and multi-dimensional approach to the treatment of these very special people and it is essential that the Ordinary find out exactly what is offered in and by the different treatment programs and centers before a decision is made to place the priest in a center for a prolonged period of time.
Can the Priest Ever Return to Ministry in the Diocese
Individual factors, the extent of the sexual abuse, the extent of the notoriety involved and the extent of knowledge of the problem are but some of the factors that go into this question.
The treatment center chosen should be one that works on a ”family model" approach. This means that members of the religious family involved with the priest prior to treatment should be involved in the treatment and in the post treatment plans. There should be close communication and coordination with the diocese or religious community so that when this question arises during in-patient treatment, it can be answered directly and specifically and the treatment program moved in such a way as to assist the priest in looking at his fitness for ministry or finding new ministries or occupations.
It is inadequate to treat a sex offender in the diocese on a private psycho therapy model. It should be emphasized that in-patient treatment, preferably with peers, is the most preferable mode and the one which will have the best results.
What About the Families of the Victims
This is a very delicate area. While the welfare of the priest-offender is considered very important to the church officials, the welfare both at the time of the abuse and well into the future of the victims is most important and should be given a priority by Ordinaries. The effects of sexual abuse of children by adults are long lasting and go well into adulthood. This is well documented though it may well be difficult to predict the extent of the effects in particular cases. We are speaking not only of psychological effects but also the spiritual effects since the perpetrators of the abuse are priests or clerics. This will no doubt have a profound effect on the faith life of the victims, their families and others in the community.
A rather direct approach should be made to the family (in conjunction with consultation with competent civil attorneys). Psychological help and other needed assistance should be offered to the victims and their families. If the family seems disposed to such a move, there should be some form of healing, if possible, between the priest and the family, possibly in terms of monitored communication or perhaps even a family meeting with the priest at some point when the priest, Ordinary and family are disposed to it.
We have been rather ignorant of the effects of sexual abuse of children by Catholic clergy over the years because it has never been investigated or studied in a systematic manner. However from a professional viewpoint, enough adult persons who have been in therapy in the past several years have discussed abuse by priests that it seems clear that such abuse has a profound effect even when it does not come to the attention of parents, family members or the civil or church authorities.
The extent and degree of the sexual abuse, the age of the child at the time of outset of the abuse, when it was discovered and finished, the manner in which it was discovered, any other dimensions of relationship of the priest with the family...these are all factors involved in treating the victims and their families. Special mental health professionals, trained and competent in this particular area, should be called on by the Ordinary to provide help and support as soon as is feasible. This is also a healthy preventive measure with respect to civil litigation since most families are eager to help their children and themselves in these embarrassing and complex psychosocial problems.
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