Canon lawyers have identified several conflicts between canon law and the
Dallas norms, or the implementation of the Dallas norms in individual
dioceses. The US Conference of Catholic Bishops has said the norms are to
be carried out in accordance with canon law, but some canonists call that a
seemingly impossible mandate. One major difference is that canon law says
a priest can be removed from ministry only after a judicial trial or by the
Vatican. But canonists say that has been widely ignored by bishops who have
removed accused priests from ministry.
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Diocesan/eparchial policy will provide
that even for a single act of sexual
abuse of a minor — past, present, or
future — the offending priest or
deacon will be permanently removed
from ministry.
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Has a statute of limitations,
known as prescription, which says
that acts of sexual misconduct
committed before a certain time
are too old to be prosecuted. But
the norms say even a single act of
sexual abuse of a minor, no matter
how long ago, will result in a
priest being permanently removed
from ministry.
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When the preliminary investigation so
indicates, the bishop will relieve the
offender promptly of his ministerial
duties.
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Considers removal from ministry a
penalty of last resort for abusers.
But it is the only penalty allowed
in the norms.
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In every instance dioceses will advise
victims of their right to make a report
to public authorities and will support
this right.
Each diocese will develop a
communications policy that reflects
a commitment to transparency and
openness.
Dioceses will not enter into
confidentiality agreements except for
grave and substanial reasons brought
forth by the victim/survivor.
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Guarantees confidentiality to
priests accused of sexual
misconduct. But canonists say
that is difficult to reconcile with
the bishops' pledge of
transparency and openness when
dealing with sex abuse, and has
been violated by the actions of
many dioceses to publicize names
of accused priests.
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... the accused is to be encouraged to
retain the assistance of civil and
canonical counsel.
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Gives accused priests an
opportunity to respond to
accusations against them, entitles
them to legal counsel, and
guarantees them confidentiality
during the administrative process.
But few of those principles have
been observed, as scores of
priests have been removed from
ministry this year.
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If the penalty of dismissal from the
clerical state has not been applied
(e.g., for reasons of advanced age or
infirmity), the offender is to lead a life
of prayer and penance. He will not be
permitted to celebrate Mass publicly,
to wear clerical garb, or to present
himself as a priest.
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Several canonists said canon law
casts doubt on whether a bishop
can order an accused priest not to
wear his clerical collar or present
himself as a priest unless the
priest has been found guilty
through a canonical process. But
accused priests have routinely
been stripped of their collars and
the title "father."
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