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          RESPONSE TO THE NATIONAL REVIEW BOARD’S REPORT
 
 1. 
          BACKGROUND
 
 In June 
          2002, responding to what has come to be called the 
            greatest crisis to face the Catholic Church since the 
              Protestant Reformation, the American hierarchy approved  A Charter for the Protection of Children and Young 
                People.  
                  This mandated the creation of a  National Review Board, which was to commission 
                    “a  comprehensive study of the causes and context of 
                      the  current crisis of sexual abuse of minors by 
                        clergy.”
  The research conducted by the 
        Board involved  interviews with 85 individuals, both clerics and 
          lay experts, and it paralleled a statistical analysis conducted 
            through the John Jay College of Criminal Justice.  
              Both an executive summary of the John Jay report and 
                the Board’s own report were issued on the same day,  February 27, 2004.  The John Jay study made national headlines with 
                  the  revelation that, according to the records of cooperating dioceses and religious congregations, from 1950 to 
                    2002 more than four thousand priests, deacons, and 
                      religious were accused of abusing close to eleven thousand individuals.  Well over half a billion dollars had 
                        already been spent to settle claims made against the 
                          church.
 By far the 
                    most typical claim did not involve young children 
                      but teenagers, most often males with whom the offender 
                        became involved in a social situation.  Abuse appears to 
                          have peaked in the 1970s, with relatively few cases 
                            occurring since 1990.  The 
                              report issued by the National Review Board suggested 
                                that the changing moral climate both in and out of the 
                                  Catholic Church during the 1970s and 1980s was a contributing factor, and it is very specific in linking a 
                                    failure to take disciplinary action against a so-called 
                                      gay subculture present in certain seminaries 
                                        and dioceses to “an atmosphere in which sexual 
                                          abuse of adolescent boys by priests was more likely” (p. 
                                            81).
  The Association for the Rights 
        of Catholics in the Church, 
          while respecting the good intentions of those who 
            prepared this report, is concerned about what may well be a 
              rush to judgment on why priests and religious 
                engaged in criminal actions.  We have already 
                  seen a move on the part of the   Vatican to ban homosexuals 
                    from the priesthood, and we fear that gay-bashing will replace an authentic effort to prevent 
                      future incidents that offend the basic right of any 
                        individual to be free of unwanted sexual advances.  
                          Stereotyping homosexuals as having a greater tendency to be predators is quite possibly less likely 
                            to accomplish this goal even as it  unjustifiably limits the right of a Catholic to honor a vocation 
                              regardless of sexual orientation.
 2. THE 
                      SEXUAL PREDATORS
 
 The 
                      prevalence of sexual predation among the clergy was, until 
                        2002 and the press revelations of misconduct 
                          in the  Boston archdiocese, one of those “dirty 
                            little secrets” that understandably was not allowed 
                              open discussion.  Even though groups such as the 
                                Servants of the Paraclete operated houses for priests and 
                                  religious “who are experiencing  difficulties and working through the specific  developmental phases of life,” it was only slowly recognized how frequently 
                                    bishops and superiors were  sending on individuals who had been sexually 
                                      involved  with minors.  It was also only slowly recognized 
                                        by  the bishops and superiors that offenders might 
                                          not  ever be successfully rehabilitated, and where priests were 
                                            concerned there was a special problem in that, despite a 
                                              public perception to the contrary,  “defrocking” a priest unwilling to accept laicization was a complex process akin 
                                                to firing a tenured  professor.  Reassignment was an easier course of 
                                                  action, and this is what allowed the true predator to resume his attacks.
 
 If bishops 
                              and superiors were unduly optimistic that the 
                                repentant sinner would not sin again, a far more serious failing was their determination to avoid involving 
                                  the criminal justice system, even when it was clear 
                                    that the actions in question might actually mandate 
                                      this.  Efforts to report abuse were  systematically sidetracked, and when this did not work there were 
                                        settlements made that called for an effective 
                                          vow of silence on the part of those abused.
 
 But who 
                              were the predators?  Typically, child  abusers--actual pedophiles--are not  homosexuals, even though sexual acts with adolescent males, and these are what 
                                the John Jay study found as characteristic in the 
                                  reported cases, are homosexual by definition.   The 
                                    efforts to understand offending priests, such as the recent 
                                      report by David France (Our Fathers: The Secret Life 
                                        of the Catholic Church in an Age of Scandal), suggest that the issue was more likely to be sexual 
                                          confusion.  In the era before the Second Vatican 
                                            Council, when most offenders were in the seminary, 
                                              sex itself was not discussed except in a circumspect 
                                                Latin.  Celibacy is not any easier for gays than 
                                                  it is for straights, and a priest, especially 
                                                    one less aware of his own sexual identity, could 
                                                      easily rationalize a romantic interest in attractive young men, even teenagers.
 
 How many 
                              priests are gay?  Some estimates have put the number of 
                                gays and straights as about even, with a higher 
                                  percentage of gays having gone to the seminary or entered 
                                    religious life in the last three decades. The interesting note here, pointed out 
                                    by  France, is that as the 
                                      proportion of gays increased and at the same time 
                                        there was a greater understanding and acceptance 
                                          of homosexuality itself, the number of abuse 
                                            incidents decreased.  Despite the suggestion in the 
                                              National Review Board’s report, there seems to be good reason 
                                                to think that the link between a  self-accepting gay orientation and a predatory outlook is the exact reverse of what has been suggested.  As yet, 
                                                  though, there has not been any systematic effort to look at 
                                                    this, although it seems easy enough to test the 
                                                      hypothesis by looking at those dioceses in which priests who were part of this supposed “gay subculture” 
                                                        were assigned.
 
 3. SO HOW 
                                        DO WE SOLVE THE PROBLEM?
 
 The first 
                                        step should be a more clear definition of what the 
                                          problem is.  It is obvious that it is a betrayal of trust for priests or 
                                          religious to engage  in sexual conduct with minors in their charge.  
                                            It was  perhaps less obvious until the   Boston scandal how devastating 
                                              this betrayal would be to those who were its 
                                                victims.   The difficulty, however, lies in  implementing a strict zero-tolerance policy that on the one 
                                                  hand fails to discriminate among various types of offenses 
                                                    and on the other accepts the outlook, sadly 
                                                      typical of abuse charges in general, that the accused 
                                                        should be seen as guilty until proven innocent.
 
 An initial 
                                                assumption should be that, despite a greater 
                                                  effort to consider sexual maturity and a corresponding sense of responsibility 
                                                  in candidates  for the priesthood or for religious vows, there 
                                                    will  be those who cross the line in some manner.   Another should be 
                                                      that some individuals will be falsely accused.  
                                                        Simply turning everything over to the criminal 
                                                          justice system to sort things out is not enough of 
                                                            an answer, although it seems clear enough that any 
                                                              priest or religious needs to understand that the days in 
                                                                which clerics were immune from civil punishment are long over.  However, present church regulations 
                                                                  have created a parallel system that becomes a 
                                                                    nightmare for those who are innocent.
 
 This 
                                                suggests the need for a process, applying not just to 
                                                  clergy but to anyone else involved with minors, 
                                                    that allows a freedom to come forward to those who claim 
                                                      they have been abused while protecting those who are in fact 
                                                        innocent.  No adequate process exists, and creating it 
                                                          will be difficult.  Nonetheless, without it society 
                                                            faces the unacceptable dilemma of either allowing 
                                                              some  predators to continue unchecked or compelling 
                                                                those  falsely accused to accept a forced hiatus in 
                                                                  their  careers and a potentially irreversible loss to 
                                                                    their  reputations.
 
 A second 
                                                consideration is that the code of secrecy by which 
                                                  serial offenders have been permitted to continue their 
                                                    predations is ended once and for all. Parishioners and others have a right to know whether those 
                                                      assigned to their ministry have in any way been  compromised.  It may well be that an ancient and minor offense 
                                                        will not matter to them, but this should be their choice, not just that of a bishop concerned with a shortage of 
                                                          priests.  For this reason, in place of the current 
                                                            draconian outlook already challenged by the  Vatican, we encourage an 
                                                              ecclesiastical version of   Megan’s Law 
                                                                with a bishop or superior assuming legal liability 
                                                                  for anyone reassigned following a verified claim of abuse.
 
 Finally, we 
                                                                  call on the hierarchy to recognize that sexual 
                                                                    orientation is not a predictor of how well anyone may answer a divine call.  A 
                                                                    moral theology  that deals with the sexual drive in all its  manifestations is still in the 
                                                                      process of development,  but it seems clear that the emphasis on 
                                                                        procreation  characterizing a natural law approach is no 
                                                                          longer  adequate.  Gays, we insist, have a right to be considered 
                                                                            for the ministry, and the suggestion that they be 
                                                                              denied this we find completely unacceptable.
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