impure or obscene matters.”
Bishops who received the order were instructed to pursue these cases “in the most secretive way.” Everyone involved, including the alleged victim, was sworn “to observe the strictest secret, which is commonly regarded as a secret of the Holy Office” under penalty of excommunication. The “worst crime” was defined as “any obscene external deed, gravely sinful,” carried out by a cleric “with a person of his own sex.” The document was described as “strictly confidential” and was not to be published.
Seven centuries before Pope John XXIII authorized the Vatican’s cover-up of sexual abuse of boys and young men by priests, St. Thomas Aquinas (1225–1274) stated “right reason declares the appointed end of sexual acts is procreation,” and declared that homosexuality was one of the gravest of the peccata contra naturam or “sins against nature.” But buried in Vatican archives are records of papal misbehavior that included Pope Clement VII having sex with page boys, Benedict IX engaging in both bestiality and bi-sexual orgies, and Boniface VII being described as a “monster” and a criminal. Leo I was a sadist and torturer, Julius III sodomized young boys, Clement VI frequented prostitutes, Anacletus raped nuns, and Paul II liked watching naked men being put on the rack and tortured.
Vatican archives and Church records attest to the problem of priestly sexual misbehavior, the Church’s struggle to stamp it out, and instances of covering it up. One week after the election of the present Pope, Benedict XVI, in 2005, it was reported that in his previous position as head of the Congregation for the Doctrine of the Faith he had issued an order ensuring that investigations into sex abuse claims against priests be carried out in secret. It was alleged “in a confidential letter which was sent to every Catholic bishop in May 2001. It asserted the Church’s right to hold inquiries behind closed doors and keep the evidence confidential for up to ten years after the victims reached adulthood. The letter was signed by Cardinal Joseph Ratzinger (the Pope’s name before he was elected as John Paul II’s successor).
“Lawyers acting for many abuse victims claimed that the letter was designed to prevent the allegations from becoming public knowledge or being investigated by the police. They accused Cardinal Ratzinger of committing a ‘clear obstruction of justice.’
“The letter, ‘concerning very grave sins,’ was sent from the Congregation for the Doctrine of the Faith, the Vatican office that once presided over the Inquisition…. It spelled out to bishops the church’s position on a number of matters ranging from celebrating the Eucharist with a non-Catholic to sexual abuse by a cleric ‘with a minor below the age of eighteen years.’ Ratzinger’s letter stated that the church could claim jurisdiction in cases where abuse had been ‘perpetrated with a minor by a cleric.’ The letter stated that the church’s jurisdiction ‘begins to run from the day when the minor has completed the 18th year of age’ and lasts for 10 years. It ordered that the ‘preliminary investigations’ into any claims of abuse should be sent to Ratzinger’s office, which had the option of referring them back to private tribunals….
“Cases of this kind are subject to the pontifical secret,” Ratzinger’s letter concluded. Breaching the pontifical secret at any time while the 10-year jurisdiction order was operating carried penalties, including threat of excommunication.
“The letter was referred to in documents relating to a lawsuit filed earlier this year against a church in Texas and Ratzinger on behalf of two alleged abuse victims. By sending the letter, lawyers acting for the alleged victims claimed, the cardinal conspired to obstruct justice. Daniel Shea, the lawyer for the two alleged victims who discovered the letter, said: ‘It speaks for itself. It’s an obstruction of justice.’…
“Shea criticized the order that abuse allegations should be investigated only in secret tribunals. ‘They are imposing procedures and secrecy on these cases. If law enforcement agencies find out about the case, they can deal with it. But you can’t investigate a case if you never find out about it. If you can manage to keep it secret for 18 years plus 10 the priest will get away with it,’ Shea added.”
When Pope Benedict XVI made his first visit to the United States in April 2008, he told reporters on his plane on the way to Washington, DC, that the sexual abuse of children “is a great suffering for the church in the United States and for the church in general and for me personally that this could happen.” He said, “As I read the histories of those victims, it is difficult for me to understand how it was possible that priests betrayed in this way. Their mission was to give healing, to give the love of God to these children. We are deeply ashamed and we will do what is possible that this cannot happen in the future.”
Drawing a distinction between priests with homosexual tendencies and those inclined to molest children, the pontiff said, “I would not speak at this moment about homosexuality, but pedophilia, which is another thing. And we would absolutely exclude pedophiles from the sacred ministry.”
Asserting that anyone guilty of pedophilia “cannot be a priest,” he said that church officials were going through the seminaries that train would-be priests to make sure that those candidates have no such tendencies. “We’ll do all that is possible to have a strong discernment, because it is more important to have good priests than to have many priests,” he said. “We hope that we can do, and we have done and will do in the future, all that is possible to heal this wound.”
The Vatican archives and the annals of Christianity going back almost two thousand years contain accounts of the struggle with sexual misdeeds. In the year A.D. 390, Emperor Valentinian II was strongly influenced by his Christian beliefs when he decreed that men committing sodomy “shall expiate a crime of this kind in avenging flames in the sight of the people.” In eighth-century England, a book that referred to sexual crimes committed by clerics against children, the Penitential Bede, advised that clerics who committed sodomy with children be given severe penalties, depending on their rank. In A.D. 1179, a Church council decreed that clerics who had committed “sins against nature” be confined to a monastery for life or be forced to leave the Church. In the sixteenth century, Pope Pius IV issued the first papal decree condemning solicitation of sex by priests. The next major statement of Church law, Sacramentum Poenitentiae, issued on June 1, 1741, by Pope Benedict XIV, decreed that all attempts by priests to lead congregants into sex be condemned. In 1917, a code was promulgated containing language condemning solicitation. Legislation on the subject of sexual solicitation was issued again in 1922.
At the time of the discovery of Pope John XXIII’s 1962 secrecy edict in 2003, The New York Times News Service reported, “The sex-abuse crisis that engulfed the Roman Catholic Church during the past twelve months has spread to nearly every American diocese and involves more than 1,200 priests, most of whose careers span a mix of church history and seminary training. These priests are known to have abused more than 4,000 minors over the past six decades, according to an extensive New York Times survey of documented cases of sexual abuse by priests through Dec. 31, 2002. The survey, the most complete compilation of data on the problem available, contains the names and histories of 1,205 accused priests. It counted 4,268 people who claimed publicly or in lawsuits to have been abused by priests, though experts say there are surely many more who have remained silent. But the data show that priests secretly violated vulnerable youth long before the first victims sued the church and went public in 1984 in Louisiana. Some offenses date from the 1930s.”
According to Los Angeles Police Department Complaint # BC307934, filed December 17, 2003, from 1955 through 2002 at least twenty-eight priests within the LA Archdiocese inner circle accused or convicted of sex abuse, “occupied the highest positions.” The complaint stated, “Well placed priests including Bishops Juan Arzube and G. Patrick Ziemann ‘used their prominence in the archdiocese administration to cover up for other priests. Priests involved in education such as Leland Boyer and Gerald Fessard utilized their positions of authority to gain access to victims and then to funnel the children they molested into seminaries and the priesthood. These twenty-six priests and likely many others
