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  Curia Says It Never Reported Sex Abusers to Police
The Curia to Maltatoday: the Church Does Not Betray an Injured Party Who Wishes Not to Have His Experience Made Known to the Civil Authorities or to the Public

By Matthew Vella
Malta Today [Malta]
June 11, 2006

http://www.maltatoday.com.mt/2006/06/11/t8.html

The Archbishop's Curia has confirmed it has never reported any cases in which it found members of the clergy guilty of sexual abuse during their pastoral ministry, to the police.

Two weeks after MaltaToday's report on the consignment of the Curia Response Team's investigations into sex abuse crimes by clerics, the Curia told Church-owned newspaper Il-GensIllum that it never stopped anyone from taking their case to the police.

The Curia has stated that injured parties are free to report any case to the police.

MaltaToday had reported that investigations into sexual abuse by priests were destined to gather dust in the curial secret archives, unless civil authorities intervene to unlock the information on cases which were never reported to the police.

Asked what justification existed for the Curia not to report to the police any allegations brought to it by victims, Buttigieg said the Criminal Code provided that, with some exceptions, no criminal proceedings could be instituted except on complaint of an injured party.

But Buttigieg also said the Church does not betray an injured party who wishes not to have his experience made known to the civil authorities or to the public.

Yet there is no legal obligation for such information to be taken to the police, legal sources say. "If anything there is a moral obligation, but nothing to oblige the Church authorities from handing over any information to the police."

According to Canon Law, when the Bishop receives information about an offence, he is to inquire either personally or through a delegate, about the facts and circumstances of an allegation of sexual abuse.

After conducting its own inquiries, the Curia Response Team reports to the Bishop whether there are reasonable or probable grounds to believe that there has been a situation of sexual abuse.

If the Bishop concludes that there are such grounds, he shall give directions over the provision of assistance to both victim and abuser "in order to ensure that situations in which similar abuses could be committed, be avoided," Buttigieg said.

Buttigieg said that any action over clerics found guilty of sexual abuse is taken "according to the particular circumstances of the case", with the aim that "probable offenders" do not come into any contact with any possible victims.

Despite media reports on the Curia Response Team's handling of sex abuse cases in the church, the police does 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.

A MaltaToday survey held in April 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.

mvella@mediatoday.com.mt

 
 

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