Saturday, November 3, 2018

WHAT CRIMINAL CHARGES COULD BE BROUGHT AGAINST BISHOPS BY STATE ATTORNEYS GENERAL AND US ATTORNEYS?

A number of readers have asked me on what legal basis could Bishops be criminally prosecuted for their role in covering up the sexual abuse of Priests under their jurisdiction.

It is more and more certain that both State and Federal investigators will be looking in to the actions not only of Clergy-abusers but their respective Bishops as well.

Bishops and their canonical delegates would not be immune to prosecution if it can be proven that they in a material way hindered an investigation by withholding information from law enforcement officials.

In fact, there are a number of potential criminal charges that could be brought against a Bishop and his delegates within a Diocese.

For example, if a Bishop had information that a Priest had been or was engaging in criminal sexual assault of a minor and responded by moving that Priest or hid the incident in some way from law enforcement authorities, he could potential be charged with obstruction of justice.

Another potential charge for Bishops could be child endangerment.

Again, by way of example, if a Bishop knew about Clergyman who was involved in some type of sexual misconduct against a child, and then put that person into another setting that included the supervision and contact with children, then that Bishop could be charged with a criminal act of child endangerment.  

And it is important to remember that both State laws and Federal statutes could be used in bringing charges against Bishops who would then be subject to both State and Federal prosecution.

Already State Attorneys General in over 18 jurisdictions as well as two United States Attorneys have announced their intentions to conduct criminal investigations into the manner in which Bishops responded to allegations that Priests under their authority engaged in criminal sexual assault of minors.

It is very likely that indictments will result from these investigations.  And the spectacle of Bishops being arrested and placed in handcuffs is a real possibility.

The financial cost to the Church will be inestimable.  

The cost to the Church and the confidence of the faithful in their Bishops will be immeasurable.

Days of suffering and shame remain ahead for our beloved Church.  

The Holy Father has insisted that the Church is under the persecution of the devil.

But I remember it wasn’t the Bishops who broke the stories of these scandals 16 years ago in Boston.  It was the secular media.
And the pressure brought to bear upon the Bishops to do something brought about the Dallas Charter for the Protection of Youth.

So, in response to Pope Francis, I wonder what if anything would the Bishops had done on their own, but for the publication of these horrific acts of sexual abuse of young people by the media.

The answer is probably nothing and the abuse would have continued to remain hidden and silent and very much active indeed.

I pray and hope that the Holy Spirit is involved in all this and that what we are seeing is a cleansing of the Episcopacy in the American Church and elsewhere.  

Let us remember the wisdom of Gamaliel:  “If what is happening is the work of men, it will fail.  If it is the work of the Lord, nothing can stand in its way.”

Come, Holy Spirit, fill the hearts of your faithful and kindle within us the fire of Your Love!

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