Last week’s post examined restorative justice as part of the virtue of justice in the third principle that influenced the 1983 Code. Today’s post focuses on restorative justice and sexual abuse in the Church in the context of the spirituality of canon law.
There is no gainsaying that sexual abuse perpetrated by Church personnel affects the victims’ spirituality and negatively impacts the pastoral life of the Church. Terry Lynn Gall et al. summarise some research findings on the relationship between child sexual abuse and spirituality. They argue that female victims of child sexual abuse have “a negative image of God as being cruel, uncaring, and punishing,” and when compared with those not abused, abuse victims generally have “lower levels of spiritual well-being as well as a disrupted sense of relationship with a higher power and reduced involvement in religious practice.”
The authors also report that sexually abused women have a lower level of spiritual functioning when compared to those who were not abused. These abused women are “less likely to feel loved and accepted by God, to have a sense of trust in God, and to be involved in an organised religion.” Other findings reported by the authors show that victims are angry with God, considering him “distant, nonloving, wrathful, and unkind.”
Thomas Doyle describes sexual abuse as “soul murder” and the experience of the victims as “spiritual trauma”.
The first symptom of spiritual trauma is that victims are confused about how to reconcile their deep respect and reverence for the clergy with the sexual act perpetrated. They are further disadvantaged because of their fear of God’s wrath or feeling of self-guilt, leading to resentment and loathing for the abuser and all clergy. Second, victims of sexual abuse by the clergy find it difficult to separate the offence of a single cleric from the Church itself, thereby undermining their willingness to participate in liturgies or receive the sacraments.
Third, there is toxic guilt and immobilising fear of the victims stemming from attempts made by clergy abusers and ecclesiastical superiors to silence victims through threats of misfortune and emotional blackmail to defend the interest of the priesthood and the Church. Consequently, victims feel guilty for being involved in a sexual act or assume guilt for the perpetrator’s sin. The long-term effect is the loss of spiritual security, which is characterised by the difficulty or inability to find spiritual guarantees anywhere again.
Interestingly, there are also symptoms of spiritual trauma among seminarians, priests, and religious who have been sexually abused by a hierarchical superior or know someone who has been abused. The sexual abuse cases against former Cardinal Theodore McCarrick are perhaps the most famous today. In the report prepared by the Holy See’s Secretariat of State, a priest who was abused as a seminarian by the former cardinal who was then his diocesan bishop testified:
“I spoke up at the time and I think that, if I had been listened to, things might have been different. I have what I believe to be justifiable anger and frustration because what happened to me makes it difficult for me to trust bishops, and I know that many other priests feel the same way. Bishops hold so much power over us and it is so easy for them to turn our lives upside down without just cause. This is real clericalism, the kind of power that may prevent others from coming forward.”
The above illustrates the need for restorative justice for victims, particularly as it undermines their spiritual well-being. As a recap, Howard Zehr defines restorative justice as: “An approach to achieving justice that involves, to the extent possible, those who have a stake in a specific offence or harm to collectively identify and address harms, needs, and obligations in order to heal and put things as right as possible”.
The outcome of restorative justice depends on the nature of the offence committed and the identity of the offender. There are various discussions on what restorative justice entails in the context of sexual abuse. In their book on restorative justice for sexual abuse, Judah Oudshoorn, Michelle Jackett, and Lorraine Stutzman Amstutz list what sexual abuse victims need. They are safety and care; the need to be believed, absolved, and vindicated; voice and empowerment; grieving and expression; support and education; information and options; and accountability.
On his part, Theo Gavrielides lists similar things that sexual abuse victims want in a justice process: full disclosure, the opportunity to confront and converse with Church authorities to let them know the effects of the abuse and to hear them take responsibility for the offence, remorse and accountability from the religious community, empowerment and rebalancing of power, assurance that others will not be abused, appropriate treatment for the abuser, reasonable monetary compensation, compensation for expenses accrued from treatment and healing, knowledge of the offender’s location to know if there are others at risk of abuse, investigation of the facts in an open, quick, thorough and independent manner without prejudice to the character of the offender or the truthfulness of the complaint, restoration of their faith in God and the Church, recognition of their case and suffering by the Church and State as well as support from them.
Restorative justice offers closure to victims, addresses trauma that undermines belief in God and the Church, and reduces instances of moral impediments to receiving the sacraments or participating in liturgical activities, thereby safeguarding spiritual well-being.
As restorative justice was recently introduced into canonical discipline, restorative justice in sexual abuse offences is also relatively new in the Church, becoming topical when the sexual abuse scandals reached their crescendo globally. Pope Benedict XVI considers care for victims of sexual abuse as the top priority of the Church. In his words: “Our first interest must be the victims; how to repair the damage, how to assist these persons in overcoming their trauma, in finding life again, in finding again trust in the message of Christ. Care, commitment in favour of the victims is the first priority, together with material, psychological and spiritual assistance”.
Pope Francis made the biggest contribution with Vos Estis Lux Mundi (VELM), which specifically included the need for the Church to care for victims of sexual abuse. VELM states:
§1. The ecclesiastical Authorities shall commit themselves to ensuring that those who state that they have been harmed, together with their families, are to be treated with dignity and respect, and, in particular, are to be: (a) welcomed, listened to and supported, including through provision of specific services; (b) offered spiritual assistance; (c) offered medical assistance, including therapeutic and psychological assistance, as required by the specific case. §2. The legitimate protection of the good name and the privacy of all persons involved, as well as the confidentiality of their personal data, must be ensured (VELM, art. 5).
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
