Confidentiality – protecting the guilty?

There are media who make much of the fact that the Church does not automatically and immediately come forward about abuse cases, especially when a bishop is involved, but only when asked about it. It is seen as an attempt of hiding the facts, something that the Church has indeed been guilty of in decades past. This conclusion is understandable, but not accurate, however. From the start of the abuse crisis, the issue of confidentiality has played an important part in the question of how to deal with accusations, victims and perpetrators. On the one hand, it was out of the question that proven abuse be hidden or even denied. On the other, there was the obligation that both victim and accused be protected from unwanted attention. Until proven guilty, the accused is, obviously, considered innocent. The victim often deals with intensely personal and very emotional and painful experiences that he or she often only wants to share with the world when they deem it necessary or helpful, if at all.

The complaints commission established by the Church to collect and resolve all complaints of sexual abuse explains that confidentiality is import for three reasons:

It lowers the threshold

Victims seek recognition and compensation, but to tell their story after an often long period of silence is very difficult and confrontational. Confidentiality makes this easier. Likewise, it allows perpetrators to sooner admit their guilt and persons in authority to recognise the abuse.

Plausibility comes first

The complaints procedure deals with recognition and compensation for the victim. Public indictment or punishment for the victim are beyond its scope. The accusation must be plausible and certain facts need to be correct, mostly about the accused, the place where the abuse took place and the year. This plausibility is considered enough to recognise the victims and the abuse.

The accused are generally deceased

Most accused parties can not defend themselves. That is why their rights, nor the feelings of fellow members of religious orders, fellow priests and family members, can not be ignored.

To ensure this confidentiality, certain measures are taken:

Procedures take place out of the public eye

This allows maximum opportunities for both parties to come to a solution.

All advice is published anonymously

No names are mentioned on the website of the Meldpunt Seksueel Misbruik RKK. This allows openness about the cases dealt with, the criteria used and the reasoning for allowing financial compensation. The abuse is made completely public, but the identity of all parties involved is protected.

All employees of and persons involved with the commission are bound to secrecy

It is clear that not everyone agrees with this. Many would welcome full  openness with names, dates and locations. However, in a society that protects the rights of individuals, especially those who can not defend themselves, this is not an option. The victims, whose needs always come first in these procedures, may at some point reveal more details. But that is theirs to decide, and many will not want to. We should never demand they tell all about what happened to them, unless they decide to do so. And if they don’t, we must respect that choice.

And as for the perpetrators: if they are dead, there is not much more that can be done. A dead man can’t be put on trial. If he still lives, but his crimes are subject to the statures of limitations, the law is powerless. The Church should not be, however, and once a priest, bishop or other worker in the Church is proven guilty, there must be a form of punishment. However, no punishment will please everyone…

If the perpetrator lives and the crime took place recently enough, the police must be informed and this person must be tried. This is something the Church does now, but the fact remains that these cases are a small minority. Most abuse took place decades ago, and many perpetrators are no longer alive.

Published by

incaelo

I'm a 37-year-old lay Catholic from the diocese of Groningen-Leeuwarden. I write about the Catholic Church in the Netherlands. I not only enjoy bringing selected developments to the attention of readers, but I also think that it is sometimes important to allow a wider audience to read about the state of the Church in the Netherlands. That's why a fair number of posts about that topic will be translations of Dutch articles, episcopal writings and whatever else.

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