In the ongoing Catholic sex abuse scandal, one of the issues that is consistently brought up is that of pontifical secrecy—that is, the idea that sensitive information regarding the Church should be considered confidential and protected, like a “classified” government document. Pontifical secrecy, also referred to as “the pontifical secret,” or “papal secrecy,” has been used to cover penal processes regarding major crimes, including child sex abuse cases within the church.

However, in a major move at the end of last year, Pope Francis abolished pontifical secrecy from use in clergy sex abuse cases. The move came after years of criticism of this confidentiality that claimed it was used to protect pedophiles within the church, to silence survivors, and to prevent police from being able to properly investigate these crimes.

“The carnival of obscurity is over,” said Juan Carlos Cruz, a prominent Chilean advocate for victims of clergy abuse and a survivor himself, responding to the new law.

Back when Pope Benedict XVI was a cardinal, he persuaded the then-pope, Pope John Paul II, to decree that child sex abuse crimes would be dealt with under the pontifical secret. For years, the Vatican has promoted the idea that this level of confidentiality was necessary in order to protect victims, along with the reputation of the accused and the integrity of the church’s in-house law.

Legal Proceedings Will Remain Confidential, but Not Secret

Pope Francis noted in the new law that church leaders must continue to ensure the “security, integrity and confidentiality” of information in abuse cases, including keeping documentation of the church’s in-house legal proceedings confidential, but that the pontifical secrecy, which is the church’s highest form of confidentiality, will no longer apply in these cases.

The abolishment of pontifical secrecy applies to abuse-related accusations, trials, and decisions under the Catholic Church’s canon law.

According to the Vatican’s leading investigator of sex crimes, Archbishop Charles Scicluna, the new law is an “epochal decision” that will help facilitate coordination with civil law enforcement, as well as open up communication with survivors.

Notably, the changes to Vatican law still doesn’t require reporting information about sex crimes to police. Instead, it has simply lifted the restrictions that have previously prevented people from doing so. However, in places where civil reporting laws require this information to be brought to police, religious superiors are obliged to do so.

According to the new instruction, “Office confidentiality shall not prevent the fulfillment of the obligations laid down in all places by civil laws, including any reporting obligations, and the execution of enforceable requests of civil judicial authorities.”

It is currently unclear as to whether or not this new policy abolishing pontifical secrecy in these cases will be applied retroactively.

Filing a Catholic Sex Abuse Lawsuit

A growing number of survivors in California and all across the country are coming forward with their own stories of childhood sex abuse, filing lawsuits against their abusers and in many cases the organizations that failed to prevent, allowed, or even actively concealed this abuse, such as sports teams, schools, or the Catholic church and other religious organizations.

If you or someone you love has suffered from child sex abuse within the Catholic church, even if that abuse took place years or even decades ago, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by childhood sex abuse, but it can at least provide some kind of compensation, as well as help those responsible accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.