There was additional confusion over the statute of limitations for sexual abuse cases — or whether there even was one, given the Vatican’s reaffirmation of the 1922 and 1962 papal instructions. Many bishops had believed that they could not prosecute cases against priests because they exceeded the five-year statute of limitations enacted in 1983, effectively shielding many molesters since victims of child abuse rarely came forward until they were well into adulthood.

Decades of Untapped Authority

Mr. Cafardi, who is also the author of “Before Dallas: The U.S. Bishops’ Response to Clergy Sexual Abuse of Children,” argued that another effect of the 2001 apostolic letter was to impose a 10-year statute of limitations on paedophilia cases where, under a careful reading of canon law, none had previously applied.

“When you think how much pain could’ve been prevented, if we only had a clear understanding of our own law,” he said. “It really is a terrible irony. This did not have to happen.”

Though the apostolic letter was praised for bringing clarity to the subject, it also reaffirmed a requirement that such cases be handled with the utmost confidentiality, under the “pontifical secret” — drawing criticism from many who argued that the church remained unwilling to report abusers to civil law enforcement.

Reforms, but Limited Reach

After the new procedures were adopted, Cardinal Ratzinger’s office became more responsive to requests to discipline priests, said bishops who sought help from his office. But when the sexual abuse scandal erupted again, in Boston in 2002, it immediately became clear to American bishops that the new procedures were inadequate.

Meeting in Dallas in the summer of 2002, the American bishops adopted a stronger set of canonical norms requiring bishops to report all criminal allegations to the secular authorities, and to permanently remove from ministry priests facing even one credible accusation of abuse. They also sought from the Vatican a streamlined way to discipline priests that would not require a drawn-out canonical trial.

The Vatican initially rejected the American bishops’ proposed norms. A committee of American bishops and Vatican officials, including Cardinal Ratzinger’s deputy, watered down the American mandatory-reporting requirement to say only that bishops must comply with civil laws on reporting crimes, which vary widely from place to place.

The Congregation for the Doctrine of the Faith reserved for itself the power to dismiss a man from the priesthood without a full canonical trial — the kind of administrative remedy that American bishops had long been begging the Vatican to delegate to them.

Even so, the American bishops got most of what they asked for, and Cardinal Ratzinger was their advocate, said Archbishop Wilton D. Gregory, then the president of the United States Conference of Catholic Bishops.

The Americans were allowed to keep their zero-tolerance provision for abusive priests, making the rules for the church in the United States far more stringent than in most of the rest of the world. The Congregation for the Doctrine of the Faith also said it would waive the statute of limitations on a case-by-case basis if bishops asked.

Archbishop Gregory said he made 13 trips to Rome in three years, almost always meeting with Cardinal Ratzinger.

“He was extraordinarily supportive of what we were doing,” Archbishop Gregory said in an interview.

Other reforms enacted by American bishops included requiring background checks for church personnel working with children, improved screening of seminarians, training in recognizing abuse, annual compliance audits in each diocese and lay review boards to advise bishops on how to deal with abuse cases.

Those measures seem to be having an impact. Last year, according to the United States Conference of Catholic Bishops, 513 people made allegations of sexual abuse against 346 priests or other church officials, roughly a third fewer cases than in 2008.

Yet the Vatican did not proactively apply those policies to other countries, and it is only now grappling with abuse problems elsewhere. Reports have surfaced of bishops in Chile, Brazil, India and Italy who quietly kept accused priests in ministry without informing local parishioners or prosecutors.

Benedict, now five years into his papacy, has yet to make clear if he intends to demand of bishops throughout the world — and of his own Curia — that all priests who committed abuse and bishops who abetted it must be punished.

As the crisis has mushroomed internationally this year, some cardinals in the Vatican have continued to blame the news media and label the criticism anti-Catholic persecution. Benedict himself has veered from defensiveness to contrition, saying in March that the faithful should not be intimidated by “the petty gossip of dominant opinion” — and then in May telling reporters that “the greatest persecution of the church does not come from the enemies outside, but is born from the sin in the church.”

The Vatican, moreover, has never made it mandatory for bishops around the world to report molesters to the civil authorities, or to alert parishes and communities where the abusive priests worked — information that often propels more victims to step forward. (Vatican officials caution that a reporting requirement could be dangerous in dictatorships and countries where the church is already subject to persecution.)

It was only in April that the Vatican posted “guidelines” on its Web site saying that church officials should comply with civil laws on reporting abuse. But those are recommendations, not requirements.

Today, a debate is roiling the Vatican, pitting those who see the American zero-tolerance norms as problematic because they lack due process for accused priests, against those who want to change canon law to make it easier to penalize and dismiss priests.

Where Benedict lies on this spectrum, even after nearly three decades of handling abuse cases, is still an open question.

 

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