POTIPHAR'S WIFE is a must read for anyone wanting to understand the handling of the sexual abuse of by Catholic priests and how the crisis has been handled/mishandled by The Vatican and Catholic bishops.
TAPSELL IS A FORMER SEMINARIAN.
SEMINARY: Kieran Tapsell, far right. Jim Fletcher, convicted of child sex offences in 2005, is sitting down next to him wearing glasses.
DESCRIPTION OF BOOK FROM AMAZON
The ‘cover-up’ of child sexual abuse by the Catholic Church has been occurring under the pontificate of six popes since 1922. For 1500 years, the Catholic Church accepted that clergy who sexually abused children deserved to be stripped of their status as priests and then imprisoned. A series of papal and Council decrees from the twelfth century required such priests to be dismissed from the priesthood, and then handed over to the civil authorities for further punishment.That all changed in 1922 when Pope Pius XI issued his decree Crimen Sollicitationis that created a de facto ‘privilege of clergy’ by imposing the ‘secret of the Holy Office’ on all information obtained through the Church’s canonical investigations. If the State did not know about these crimes, then there would be no State trials, and the matter could be treated as a purely canonical crime to be dealt with in secret in the Church courts. Pope Pius XII continued the decree. Pope John XXIII reissued it in 1962. Pope Paul VI in 1974 extended the reach of ‘pontifical secrecy’ to the allegation itself. Pope John Paul II confirmed the application of pontifical secrecy in 2001, and in 2010, Benedict XVI even extended it to allegations about priests sexually abusing intellectually disabled adults. In 2010, Pope Benedict gave a dispensation to pontifical secrecy to allow reporting to the police where the local civil law required it, that is, just enough to keep bishops out of jail. Most countries in the world do not have any such reporting laws for the vast majority of complaints about the sexual abuse of children. Pontifical secrecy, the cornerstone of the cover up continues. The effect on the lives of children by the imposition of the Church’s Top Secret classification on clergy sex abuse allegations may not have been so bad if canon law had a decent disciplinary system to dismiss these priests. The 1983 Code of Canon Law imposed a five year limitation period which virtually ensured there would be no canonical trials. It required bishops to try to reform these priests before putting them on trial. When they were on trial, the priest could plead the Vatican ‘Catch 22’ defence—he should not be dismissed because he couldn’t control himself. The Church claims that all of this has changed. Very little has changed. It has fiddled around the edges of pontifical secrecy and the disciplinary canons. The Church has been moonwalking.
CONTENTS OF THE BOOK
1. Acknowledgment
2. Introduction
3. Chronology of Church Response to Clergy Sexual Abuse of Children
4. Potiphar’s Wife
5. Sex and the Confessional
6. The Murder in the Cathedral
7. Canon Law
8. The Canonical System of Trials
9. Canon Law on Clergy Sexual Abuse of Children
10. The Secrecy Provisions of Canon Law
11. Misprision of Felony
12. Mandatory Welfare Reporting
13. Law and Culture
14. The Ineffectiveness of the Church Processes
15. The Practical Application of Canon Law
16. The Cardinals Defend the Privilege of Clergy
17. Bishops Conferences: Sexual Abuse Protocols and the Vatican
18. The Defence of Vatican and Pope Benedict XVI
19. Benedict’s Pastoral Letter: Blame the Bishops
20. The Cloyne Report in Ireland
21. Some Theological Problems with Facing the Truth
22. The United Nations Committee on the Rights of the Child Report
23. The Australian Royal Commission
24. A Greek Tragedy: Not Facing the Truth
Index of Subjects Index of Names
PAT SAYS:
To my mind this is a vital read for anyone wanting to understand the dynamics behind the sexual abuse of children by priests and the cover up following that abuse by priests, bishops and The Vatican.
Tapsell, a Catholic, who studied for the priesthood and later became a lawyer and a judge deals with the topic exhaustively and with the forensic mind of a very experienced lawyer.
He deals with:
The actual abuse.
The cover up.
The role of The Vatican and canon law.
The theology of priesthood behind it all.
The dynamics of the Clerical Club.
The book is available from Amazon but was published in Australia.
The cheapest and quickest way to get it and read it is on KINDLE.
Tapsell deals with the problem globally and addresses the Irish experience.
He also highlights how Archbishop Diarmuid Martin blamed the Irish Bishops and said that the Vatican was not to blame.
Another attempt by Diarmuid to get a red hat?
DIARMUID MARTIN
He also highlights how Archbishop Diarmuid Martin blamed the Irish Bishops and said that the Vatican was not to blame.
Another attempt by Diarmuid to get a red hat?
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RECENT ARTICLE BY TAPSELL
Sex abuse and the seal of the confessional
Aug 18, 2017
The Australian Royal Commission into Institutional Responses to Child Sexual Abuse has just released its Criminal Justice Report in which it deals with many matters relating to the way child sexual abuse within institutions is handled by the Australian criminal justice system. In the course of that report, it recommends mandatory reporting of all suspected child sexual abuse within institutions and the creation of new offences of failing to take proper care to prevent such abuse.
One recommendation that understandably created some media interest is that there should be no exemption to the reporting requirements for information provided in confession.
The commission’s report produces convincing evidence, not only in Australia, but also overseas, that priest sex abusers used confession as a means of assuaging their guilt. It made it easier for them to repeat their crimes because confession was always available.
Priest sex abusers used confession to assuage their guilt, making it easier for them to repeat their crimes.
In a response to the report, Jesuit Fr. Frank Brennan stated that a civil law requirement for priests to break the seal of confession was unlikely to lead to better protection for children because abusers would not confess such matters if they knew they had to be reported. Brennan said that he would disobey any such law and accept the consequences.
Archbishop Denis Hart, president of the Australian Catholic Bishops Conference, in his response said that the secret of the confessional is a “fundamental part of the freedom of religion…and it must remain so here in Australia.” In an interview on ABC Radio, Hart said he would go to jail rather than breach the secret.
It is surprising that no church representative has mentioned a way in which the church could significantly reduce the risk of breach of the seal by a fairly simple change to canon law based on a problem that has a long history.
Ever since private confession became the practice in the church in the early Middle Ages, there has been a continual problem of priests soliciting sex in the confessional. The church was so worried about the practice that the Council of Treves in 1227 required such priests to be excommunicated. In 1622, Pope Gregory XV required penitents to denounce such priests to the Inquisition or to the bishop, and that confessors should advise penitents of their obligation to do so. In 1741, Pope Benedict XIV confirmed this decree, and added that absolution should be refused to solicited penitents until they denounced their confessors. He also decreed that only popes could give absolution to penitents who falsely accused priests of soliciting.
The persons solicited were mostly women, less so men, but rarely young children because until 1910, they did not go to confession until they reached the age of 12 to 14 years. In 1910*, Pope Pius X reduced the age to 7 years thus broadening the opportunities for paedophiles to find their victims. A number of case studies examined by the Australian Royal Commission confirmed that such soliciting of young children in the confessional had occurred in Australia.
The 1917 Code of Canon Law continued Benedict XIV’s 1741 decree, and required the penitent to denounce the soliciting priest within one month. The 1983 Code abolished the requirement to denounce and the reservation of absolution to the pope for false accusations against priests. Instead, it imposed an automatic interdict, a form of excommunication, on anyone making a false accusation. Canon 982 further provides that anyone who confesses to making a false accusation “is not to be absolved unless the person has first formally retracted the false denunciation, and is prepared to repair damages if there are any.”
Unless there is some other way of repairing the damage, one can only assume that canon law imposes an obligation on the penitent to pay defamation damages, and until they are paid, there will be no absolution.
Canon law does not require clergy who sexually abuse children to be subject to an interdict, and does not require absolution to be withheld until such time as they hand themselves over to the civil authorities.
With the stroke of his pen, Pope Francis could apply the same strict standards that canon law imposes on those who falsely damage a priest’s reputation to the much more serious matter of child sexual abuse. If he did, it would become well known to child abusers in the church that they could not receive absolution, unless they handed themselves in to the police. The problem of the seal would be solved: if the abusers wanted absolution, they first had to hand themselves over to the police, and then there was no need for the confessor to break the seal by reporting; if they did not want to hand themselves over, they would not go to confession, and then there was no confessional seal to be broken. And in the latter case, the abuser would be denied the comfort of confession that the Royal Commission found was a contributing factor in the abuse of children within the Church.
This is a much better solution than Hart and Brennan having to risk becoming bloodless martyrs by going to jail in the defense of the seal, and it avoids endless arguments over the boundaries of religious liberty.
If Francis refuses to change canon law to apply the same canonical strictures to child sexual abuse that the 1983 Code imposes on false accusations of soliciting sex in the confessional, then he leaves himself open to the inference that he regards a priest’s reputation as being more important than the sexual abuse of children.
[Kieran Tapsell is a retired civil lawyer and the author of Potiphar’s Wife: The Vatican’s Secret and Child Sexual Abuse, and of a submission to the Royal Commission into Institutional Responses to Child Sexual Abuse: Canon Law, A Systemic Factor in Child Sexual Abuse in the Catholic Church. He was also a member of the canon law panel before the Australian Royal Commission Feb. 9, 2017.]
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Victim’s father lost church job
ELLE WATSON
A victim's family suffered reprisals from the church including job loss after they sided with their abused son, the special commission of inquiry heard yesterday.
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| FATHER JIM FLETCHER |
The father of one of Father James Fletcher’s victims lost his job with the Maitland-Newcastle Diocese when his son made a formal complaint against the paedophile, according to police whistleblower Peter Fox.

Detective Chief Inspector Fox told the special commission of inquiry a Hunter husband and wife suffered reprisals from the clergy during investigation and trial of Fletcher – who was convicted of sexually abusing their son.
The inquiry heard the man told the chief inspector he began to feel “more and more alienated” at the diocese office in Hamilton where he worked in 2002.
“He felt that because he sided with his son he was being made to pay the penalty by the diocese,” Chief Inspector Fox said.
He said the man’s relationship with former Maitland-Newcastle Bishop Michael Malone deteriorated and priests who he formed working friendships with avoided him.
“He believed the diocese would refuse to renew his contract – which was what ultimately happened – he said they were going to squeeze him out of a job and they didn’t want him there.”
The chief inspector said the victim’s mother felt Bishop Malone’s apology to the family was disingenuous and lacked compassion.
Last week the inquiry heard Bishop Malone contacted the woman in 2002 to let her know he had visited Fletcher and revealed to him that the woman’s son had made a complaint to police.
Before he contacted police, the woman’s son went to a Nelson Bay presbytery drunk and angry, where he yelled about priests doing “filthy things to little boy”.
Chief Inspector Fox said the parish priest, Father Robert Searle, changed his version of the night’s events after an initial conversation with the detective.
Earlier yesterday Chief Inspector Fox was cross-examined over his failure to take statements about the discovery of gay pornography in the Lochinvar presbytery where Fletcher lived.
Last week he told the inquiry a diocesan worker had uncovered pornographic videos and magazines that Fletcher said belonged to a priest, Father Desmond Harrigan who agreed the material was his and he had destroyed it.
Counsel assisting the inquiry, Julia Lonergan SC, put it to Chief Inspector Fox that he did not interview or question Father Harrigan with an open mind because he had a “preconceived idea that the material belonged to Fletcher”.
Chief Inspector Fox said he did not take a statement from Father Harrigan because it could not be used in the case against Fletcher.
Ms Lonergan told Chief Inspector Fox his handling of the matter was important because it was raised by him as an example that the church destroyed evidence to cover-up paedophilia.













