Canon Law Monograph

1 total work

The Presumption of Innocence in Canonical Trials of Clerics Accused of Child Sexual Abuse

by William Richardson

Published 31 March 2011

Canon 1342 of the Code of Canon Law of the Roman Catholic Church presumes that a judicial procedure is the normal way to impose a legal penalty. Only when there are just reasons against its use are extra-judicial means to be employed. Perpetual penalties such as dismissal from the clerical state cannot be imposed except by means of judicial procedure. This was the author's presumption until he was faced with a direct question from a priest accused of the crime of child sexual abuse. "Do I have a right to a trial, if I am accused? Am I not presumed innocent until proven guilty?" This book is an attempt to answer the question. Given the rise of clerical child sexual abuse scandals in Belgium, Ireland, the Netherlands, North America and Germany, this book addresses a question of prime importance to the Church and civil society.