Abuse: a vademecum intended for the bishops of France to better inform

Interview conducted by Marie Duhamel – Vatican City

“We are working to make the culture of silence a thing of the past. The culture of secrecy must be transformed», affirmed Sunday the president of the conference of bishops of France in an interview given to the Lord's Day at the end of the fall plenary of the CEF in Lourdes. Mgr Éric de Moulins-Beaufort immediately announced the publication of a document addressed in particular to bishops to serve as a reference when they must determine when and how to inform the people of God in the event of sexual violence committed in a context ecclesial by a cleric or lay person on mission.

“This is the first document of this type», assures Mgr Emmanuel Tois. The former magistrate appointed auxiliary bishop of Paris in November 2023 sees it as a valuable guide while the question of information sharing “Arises more and more frequently when procedures are judged.”

A legal framework to channel emotion

If he is “recommended to hire a specialist lawyer“, the document above all sets out, in relatively detail, the legal framework within which information can be disclosed. It offers a reminder of the main rules of judicial procedure in French and canon law – which differ whether the victim is an adult or a minor – and of the main principles of French law (presumption of innocence, right to respect for privacy and privacy). , right not to be defamed).

Today, communication between bishops and prosecutors has become more fluid, and “more than 80 memorandums of understanding have been signed throughout France between public prosecutors' offices and dioceses», specifies the document, but put it in black and white “the rules of the Republic and the rules of canon law which often converge, allow us to recall what is permitted and what is not”, especially when emotion dominates. “When we act simply with empathy, with emotion as the driving force, we do not act consistently», explains Mgr Emmanuel Tois. However, for the former jurist, we necessarily have a subjective position that “empathy is on the side of the victims or, due to a certain paternity of the bishops, on the side of the perpetrators».

Put an end to rumors

The terms, recipients and means used to make information public are necessarily different depending on whether the alleged facts are judged or not, we read in the preamble to the last part of the document devoted to the disclosure of fair information.

So, when rumors circulate against a priest or lay person on a mission, there is no question of doing anything about it. “It can happen that people call us at the end of the mass to tell us confidentially that a priest is not reliable, but rumor is never something reliable. underlines Mgr Tois. “I then ask them to explain to me what they base their accusation of deviance on. We need a characterization, to objectify.”

Wait for the court decision

If the case is at the investigation stage, caution and moderation must be the rule, the document continues. At this stage the bishop must be able, based on what he has heard from a victim and also on the way in which a designated perpetrator reacts to what is alleged against him, to make decisions which may be precautionary measures, explains the one who is in charge of the prevention and management of abuse for the diocese of Paris. But should he relay the information? The bishop can determine this in consultation with the prosecutor, we read in the document. But the Conference of Bishops recommends not to communicate “as long as the question is provisional, and there is no decision which calls for a recognition of guilt either by the civil jurisdiction or by the canonical jurisdiction“. It may, however, happen, specifies the former magistrate, that the diocese may have to express itself publicly in the event of leaks. An exceptional case.

Publicity of the verdict, an additional penalty

When a court decision is made, both on the canonical level and on the criminal level, the accused and the complainant have the right to be kept informed. In 2022, the bishops also voted for a resolution so that “final decisions are always communicated to the complainants» (resolution 3.2).

«There is always this notion of information which is inseparable from the restoration of the truth when it is flouted”explains Mgr Tois. “That is to say that if the victims are informed and nothing is done afterwards, no one asks questions, often we will leave it there.. It is also recalled in this document that advertising is considered as a “complement of the sanction» to ensure its effectiveness and avoid recurrence.

The dissemination of information is subject to the assessment of the bishop who will decide whether or not to extend the scope of the information to the pastoral council, the presbytery, to people who are in contact with the priest concerned, continues the auxiliary bishop of Paris.

The right to rehabilitation

There are many elements to take into account. It is necessary to protect the complainant, encourage possible victims to express themselves, respect the community of the accused and ensure the presumption of innocence of the latter.

Concerning the cleric or lay person who would be judged guilty of sexual assault, Mgr Emmanuel Tois highlights “something that we still have difficulty taking into consideration, and which is clearly mentioned in this document as being part of French civil law: it is the question of rehabilitation”. Civil society organizes it but, he notes, “it is difficult for a victim to admit that a priest can return to a ministry when he has been suspended, even after precautions have been taken and psychiatric assessments have been carried out. Obviously, everyone, justice or Church, has this fear of repeat offenses. But there are also cases of non-recurrence“. With this document, the auxiliary bishop of Paris believes that progress has been made.

Overwhelming news, also sources of hope

The scandal of abuse committed by members of the clergy regularly makes the front page of the press, an overwhelming fact in itself, but the hope comes from the percentage of people concerned compared to the immense majority of clerics or lay people on mission, highlights emphasizes Mgr Tois. He further sees in the fact that the issue of abuse is “Really» processed, another source of hope. For him, it is about the hope that this treatment will have a preventive effect for the future, that it will have a dissuasive effect, an effect of reflection, of encouragement to care, of encouragement to speak, not to remain alone in the face of a tendency, a difficulty. “The fact that we are talking about it and that the issue is being addressed has an effect.” he states, “one day a priest confided to me that he could not be left alone with his problem, otherwise he would deviate. The advantage of this period, concludes Mgr Tois, it’s because I see clearly that I have to deal with my personal difficulty.”