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	Under Lock and Key – the Church's Sex Abuse Investigations By Matthew Vella Malta Today May 21, 2006 http://www.amatteroftruth.org/page6.html The Church's investigations into sexual abuse by priests are destined to gather dust in the curial secret archives unless civil authorities intervene to unlock the information on cases of sexual abuse which were never reported to the police. Police will not act upon "rumours or public information" with respect to investigations by the Curia Response Team on priests accused of sexual abuse, unless victims take their case straight to the police. A spokesperson for the ministry of justice and home affairs told MaltaToday the police are empowered to act on "reports, information and complaints". The ministry did not answer as to whether the police have ever demanded information from the Curia on its investigations into sex abuse by priests. But despite media reports on the Curia Response Team's handling of sex abuse cases in the church, the police will still not take action on anonymous reports or information unless these are flagrant offences. In January 2006, a Nadur priest fled from Gozo to the United States after complaints of alleged child sex abuse by the priest were referred to the Curia for investigation. Nadur archpriest Mgr Salvu Muscat had confirmed he referred complaints to the Curia from parents whose children they claimed had been sexually abused by the priest. In April, MaltaToday's Lenten survey revealed that 88 per cent of respondents believed the Church should report cases of sexual abuse involving priests to the police, expressing disagreement with its controversial policy of dealing with sex abuse internally. Yet there is no legal obligation for such information to be taken to the police, legal sources said. "If anything there is a moral obligation, but nothing to oblige the Church authorities from handing over any information to the police." In an interview with MaltaToday (pages 22, 23) Bishop Emeritus Nikol Cauchi says the response team gives victims the chance to tell their stories while giving the alleged abuser the chance to tell his version. "Whoever wants to report these cases to the police is as free as the wind. We make this clear to anyone reporting abuse." He said the Church always leaves it up to the individual who makes the denunciation to decide whether to report the case to the police. "When the Response Team issues a report showing that there is proof that the abuse occurred, we refer the matter to the Vatican and we act according to the instructions we receive." The secret world of the Church's investigations into sex abuse by priests can only remain a closed affair: the Curia's handbook on procedures makes no reference to reporting allegations to the civil authorities. It is only the responsible bishop to decide whether or not those found guilty of abuse by the Curia Response Team are to be placed under administrative or judicial process to impose a penalty. Despite police being empowered to ask for information to be disclosed regarding an offence, observers remain baffled by the lack of interest from the civil authorities in the Curia Response Team's investigations. The church's handbook on sex abuse in pastoral activity says that any person in possession of reliable information "is strongly encouraged to disclose such information to the competent Church authority". It is the delegate appointed to investigate allegations who informs "of the method" through which accusations may be referred to the Church and to public authorities. Even if the accused does admit to the allegations, delegates conducting the investigation are to meet up with the parents and victim to "offer pastoral support and care". It is the accused's Ordinary to decide whether to initiate any form of administrative or judicial process, or to resolve equitably the question of damages, leaving much doubt as to how justice is served to victims of sexual abuse by priests. However, the case will remain secret and under the Curia's confidential investigations if victims do not approach the police. And the conclusions to the case will remain kept in the secret curial archives where they are bound to never see the light of day unless civil authorities intervene. mvella@mediatoday.com.mt
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