Child abuse

Pope Francis: Rescript on “most serious delicts”, limit raised to 18 years for abuse. Even a layperson can perform the role of advocate or procurator

One of the “most serious delicts” against morals, reserved to the judgement of the Congregation for the Doctrine of the Faith, is “the acquisition, possession or distribution by a cleric of pornographic images of minors under the age of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology”. This is one of the novelties in Pope Francis’ Rescript introducing some amendments to the “Normae de gravioribus delictis”, in accordance with the Motu proprio “Sacramentorum Sanctitatis Tutela” issued by John Paul II on 30 April 2001. Compared to the previous Rescript, signed by the then Prefect of the Congregation for the Doctrine of the Faith, Card. William Levada, the age has been raised from 14 to 18 years. Indeed, it is now a punishable offence “the acquisition, possession or distribution by a cleric of pornographic images of minors under the age of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology”. Another major change in today’s Rescript is that even a layperson can perform the role of advocate or procurator. “The role of Advocate or Procurator – the Rescript reads – is carried out by a member of the faithful possessing a doctorate in canon law, who is approved by the presiding judge of the college”. In the Rescript of 2010, by contrast, this function was the prerogative of a priest only. The last amendment introduced by Pope Francis’ Rescript – released by the Holy See Press Office today, but signed on 3 December by Secretary of State Card. Pietro Parolin and by Card. Luis Francisco Ladaria, Prefect of the Congregation for the Doctrine of the Faith – is the clause stipulating that “in other Tribunals, for the cases under these norms, only priests can validly carry out the functions of Judge, Promoter of Justice and Notary”. Compared to the Rescript of 2010, priests are stripped of their role of Legal Representative.