Canon 1717

Canon 1717

ig3

Registrant
My abuse happened 30 years ago and all legal remedies in my jurisdiction are time-barred. There is however one remaining avenue because my abuser was a catholic priest, and it is an investigation under canon 1717 of the Code of Canon Law. I thought to share this information in case it may be helpful to others.

A link to canon 1717 is here: http://www.vatican.va/archive/ENG1104/_P6V.HTM
 
It is important to note that, "sending the letter requesting action on canon 1717 is just a first step, and other actions may be necessary depending on the response."

The quote is from Jennifer Haselberger, JCL, PhD, at
Canonical Consultation and Services, LLC
PO Box 25525
Saint Paul, MN 55125
651-497-5004
www.canonicalconsultation.com
 
After over a month without reply, with the help of Jennifer I just sent a letter to the Congregation for the Doctrine of the Faith, this time citing Sacramentorum Sanctitatis Tutela, Article 17. Jennifer said not to hold my breath, but that she believes I should receive a reply from the Vatican.
 
Hi,

I'm really impressed that you sent a letter to the Congregation for the Doctrine of the Faith. I hope you receive a response from the Vatican.

I too was abused by a priest some 40 years ago. Last year I wrote a letter to the Vatican in response to their task force regarding the priest abuse scandal. I did not receive a direct response from the Vatican, but instead a letter was sent to my archbishop acknowledging receipt of my letter. The explanation for not sending it to me was that they were inundated with responses by individual victims and chose only to respond to bishops, archbishops and cardinals. I chose to look at the bright side, that at least my letter had an effect, even if I wasn't contacted directly.

I hope you receive a response, and it would be so cool if they responded to you directly. Please keep us posted.

Dave
 
The Nunciature acknowledged receipt of my letter addressed to the Congregation for the Doctrine of the Faith and sent it to the Vatican a couple of months ago.

An attorney from the involved order visited my home and tried to get my phone number lying. I guess the letter to the Congregation for the Doctrine of the Faith had some effect.
 
I sent the attorney an e-mail protesting his unannounced visit. He replied saying that the priest that abused me has been immediately ceased from pastoral and educative positions and will NOT be in contact with minors.

I have a big sense of relief. It is a little measure of justice.
 
It has been several months since my report. I am told that while this reaches a conclusion the priest is suspended and that it takes on average a year to finish the process.
 
It has been almost a year since my last post. Still no letter of conclusion, but I am confident that the priest must still be suspended.
 
I am happy to read this post--I missed it the first time around. It is a difficult process to work through. My simplistic understanding is there are many layers within the Church from the Preliminary Review at the Diocese level to determine I believe the phrase "a semblance of truth". If so it goes to an investigation and based on this the Bishop provides his decision and it is referred to CDF who has the final decision as to canonical reprimand to the accused. The CDF has four possible actions it can take--1. Refer it back to the Bishop for a tribunal in the diocese, 2. Tribunal to be held by the CDF, 3. refer back to Diocese for some type of administrative action and I think 4. is dismissal of the investigation. I have never, nor do some very involved, know how many cases fall into each action.

Ig3 I was not aware that one could circumvent all the steps by going directly to the CDF. I hope you get the response you so deserve. It is a grueling process for a survivor to endure. Even the final outcomes are not always what is wished. Priests can remain priest, some suspended and others due to illness, infirmities or old age are allowed to ride it out. I guess the only saving grace here, is they are unable to work or be with children--at least future children are protected.

With the confidentiality agreements most times the priests name is not disclosed. Interestingly some have broken their confidentiality agreement without being sued by the Church to recover the funds. The Church would be stupid to go after those that do, but most survivors honor their agreements if they believe the accused can no longer harm a child. Question in my mind is safety of the community. A dying priest, infirm, bedridden can do no harm, an active, free to move around one can. I heard arguments to dismiss, laicization of an physical able priest allows the priest to roam and be a burden to society where as suspension keeps the priest under the eyes of the Church. I am not quite sure I agree how well monitored and controlled the suspended priest will be. Sadly many cannot be locked up because of SOL.

There is the new tribunal at the Vatican that hears complaints against Bishops who covered up or failed to report CSA. For many, at least me, that Bishop is long dead.

I still question the overall effectiveness of the process and for many a surprise discovery opens the doors, but for others cases so old only leaves opportunity for the Diocese to dismiss the cases. There is strength in numbers, multiple survivors by the same priest. Some are lucky and it happens and others are not so fortunate. We need to get to a place where all survivors feel safe to come forward and it is only then when the vast numbers who are visible to the public for their deeds will be exposed.

Ig3 I am thinking of you and sending positive thoughts that your letters will be answered. I also hope it brings resolution, an answer and vindication or validation to what you lived. It is important because it helps to remove guilt.

Kevin
 
Hi Kevin,

Thank you for your detailed reply, I do not think I read it before. It is now December 29, 2017 and still no letter of conclusion.

I am still hopeful that the right thing will be done and believe the priest has been suspended this whole time. I hope I am not naive.
 
IG3

The Church moves at its own pace. Each Diocese is different and the outcomes at their discretion. Knowing the priest is suspended from public practice of the sacraments is an admission there was something wrong. It puts a cloud over the priest--but the public does not always know of the suspension which is wrong in my mind. Take solace in knowing the priest now carries the cloud, his suspension prevents him from publicly administering the sacraments--a right the priest cherishes--and he is now deprived.

Sadly, as the Church controls the process, its interest lie within preserving the institution despite words to the contrary. When Cardinal Law died, he received the full rights of a Cardinal funeral with the Pope speaking. A Pope who verbally denounced the abuse but chose to celebrate the life of one who allowed the abuse of children to continue while protecting the priests is hypocritical.

You have taken the proper steps and I do hope you will hear. I only know the process and not the internal mechanisms that occur.

I wish you the best and hopefully you receive resolution.

Kevin
 
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I am told by the attorney of the congregation that the priest is suspended. Also, the expert in Canon Law says that she knows of a case that took 8 years, so it is still too soon to know the final outcome.
 
The canonical case ended last year, the priest was prohibited from being in contact with minors.
 
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