- Title Pages
- Dedication
- Preface
- Chapter 1 Introduction to a Complex Problem
- Chapter 2 Understanding the Patterns of Clergy Abuse Litigation
- Chapter 3 Civil Litigation against Catholic Dioceses, Parishes, and Priests
- Chapter 4 Participants in the Clergy Abuse Case
- Chapter 5 Delays and Limitations in Clergy Abuse Cases
- Chapter 6 Effects of Criminal Charges and Plea Agreements
- Chapter 7 Church Insurance and Abuse Claims
- Chapter 8 Constitutional Issues
- Chapter 9 Bankruptcy Issues
- Chapter 10 Mandated Abuse Reporting Issues
- Chapter 11 Evidence Privileges and Clergy Abuse Issues
- Chapter 12 Repressed Memory Inducement Cases
- Chapter 13 Fraud and Nondisclosure in the Assignment of Clergy
- Chapter 14 Defenses and Claims of Immunity
- Chapter 15 Damages Issues
- Chapter 16 Fiscal Impacts of Abuse Cases on the U.S. Catholic Church
- Chapter 17 Impact of Abuse Cases on External Relations of the Catholic Church
- Chapter 18 Responses Vary Inside and Outside the United States
- Chapter 19 The Church’s Internal Big Picture—Governance and Law
- Chapter 20 How Episcopal Culture Contributed to Administrative Failure
- Chapter 21 The Development of the Problem
- Chapter 22 The Perfect Storm in Canon Law
- Chapter 23 2002 and Beyond
- Chapter 24 The Particular Issues of Religious Communities
- Chapter 25 The Investigation and Pretrial Canonical Process
- Chapter 26 The Accuser and the Canonical Process
- Chapter 27 Canonical Penal Trials and Outcomes
- Chapter 28 Limitations and Weaknesses in the Canonical Penal System
- Chapter 29 Clergy Abuse Issues in Non-Roman Catholic Denominations
- Chronology of Some Aspects of the Sexual Abuse Issue in the U.S. Roman Catholic Church
- Bibliography
- Index
The Perfect Storm in Canon Law:
The Perfect Storm in Canon Law:
What Went Wrong?
- Chapter:
- (p.253) Chapter 22 The Perfect Storm in Canon Law
- Source:
- The Clergy Sex Abuse Crisis and the Legal Responses
- Author(s):
James T. O’Reilly
Margaret S. P. Chalmers
- Publisher:
- Oxford University Press
This chapter explains the slow and clunky internal Church trial process that makes removal of bad actors slow and difficult. Cumbersome old processes and excessive formalities make the removal and punishment process exceedingly difficult to manage. The chapter describes in detail the problems encountered by the U.S. Catholic Church in attempting to conduct trials in accordance with canon law, including the lack of experienced personnel, the difficulties with investigations and proofs, the sometimes lack of cooperation by the accuser because of parental concerns or civil lawyer admonitions to protect the victim‘s interest in ongoing civil tort lawsuits, and the effect of prescriptions.
Keywords: laicization, penal trial, canon law penalties, prescription, suspension
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- Title Pages
- Dedication
- Preface
- Chapter 1 Introduction to a Complex Problem
- Chapter 2 Understanding the Patterns of Clergy Abuse Litigation
- Chapter 3 Civil Litigation against Catholic Dioceses, Parishes, and Priests
- Chapter 4 Participants in the Clergy Abuse Case
- Chapter 5 Delays and Limitations in Clergy Abuse Cases
- Chapter 6 Effects of Criminal Charges and Plea Agreements
- Chapter 7 Church Insurance and Abuse Claims
- Chapter 8 Constitutional Issues
- Chapter 9 Bankruptcy Issues
- Chapter 10 Mandated Abuse Reporting Issues
- Chapter 11 Evidence Privileges and Clergy Abuse Issues
- Chapter 12 Repressed Memory Inducement Cases
- Chapter 13 Fraud and Nondisclosure in the Assignment of Clergy
- Chapter 14 Defenses and Claims of Immunity
- Chapter 15 Damages Issues
- Chapter 16 Fiscal Impacts of Abuse Cases on the U.S. Catholic Church
- Chapter 17 Impact of Abuse Cases on External Relations of the Catholic Church
- Chapter 18 Responses Vary Inside and Outside the United States
- Chapter 19 The Church’s Internal Big Picture—Governance and Law
- Chapter 20 How Episcopal Culture Contributed to Administrative Failure
- Chapter 21 The Development of the Problem
- Chapter 22 The Perfect Storm in Canon Law
- Chapter 23 2002 and Beyond
- Chapter 24 The Particular Issues of Religious Communities
- Chapter 25 The Investigation and Pretrial Canonical Process
- Chapter 26 The Accuser and the Canonical Process
- Chapter 27 Canonical Penal Trials and Outcomes
- Chapter 28 Limitations and Weaknesses in the Canonical Penal System
- Chapter 29 Clergy Abuse Issues in Non-Roman Catholic Denominations
- Chronology of Some Aspects of the Sexual Abuse Issue in the U.S. Roman Catholic Church
- Bibliography
- Index