ABSTRACT

Canon Law has faced a crisis of epic proportions in the current sexual abuse of minors by clergy. The Penal Law of the Code and Particular Law, and the Administrative Process and Penal Process have at times, clashed or been ignored. To examine this, the initial process or Preliminary Investigation sets the tone for the process that is followed. There are many roles to be filled, and the personnel filling them at this stage affect the entire process. Once the decision is made to follow an Administrative Process or a Penal Process, following Canon Law, if it is followed, is where the biggest impact on the Sexual Abuse by Clergy Issue can be effective for change. Many processes are impeded by the discretionary aspect built into both the relevant Code and Particular Law. It can cause the entire breakdown of the intent of the Code and the Particular Law.