Canon Law

Introduction:

“When the facts of a particular case are examined carefully, it may well emerge that the cleric did indeed commit a sexual offence, or a number of them, with a minor; as such, he may be liable to punishment by the criminal law of the State; nevertheless, because of the influence of paedophilia, he may not be liable, by reason of at least diminished imputability, to any canonical penalty, or perhaps to only a mild penalty, to a formal warning or reproof, or to a penal remedy.” (Canon Law: Letter & Spirit, regarding c. 1395-2, pg. 805, 1996)

Consider the policy, structure, systemic lack of oversight, and decisions made by the Catholic Church as a corporation, which directly contributes to a crisis. McCarrick is responsible for this diabolical state of the world.

Time for us to let you know.

Now consider how Canon Law 1321 retains the same loophole for criminal sex offenders of the worst kinds in 2021, even after all of the press, lawsuits, convictions, and settlements. Pope Francis says the abuse crisis will diminish – I say all priests who toe the ‘corporate line’ will be protected by Canon Law 1321. All others will be removed from ministry and then eventually laicized. Only true believers in Modern Catholicism will remain.

Part 1: The Proof

– How Modern Popes Exempt Pedophiles From Punishment


After three years of interviewing numerous canon lawyers who specialize in the penal law of the Catholic Church, two Catholic Bishops, numerous civil attorneys, current state & former federal law enforcement agents of the United States, numerous victims, journalists, and by directly participating in canonical investigations, an investigator found unanimous agreement by all parties as to the cause and solution to the sexual abuse crisis within the Roman Catholic Church. 

On account of all interviewed, the sexual abuse crisis is not a product of every Catholic Bishop sharing the same character defect, but a direct result of Catholic Bishops correctly honoring the text of canon law as written.

The highest ranking priest of the Catholic Church, known as the Holy Father, or Pope, is solely responsible for Canon Law.

Due to the risk to their careers and families, all Church employees requested to remain anonymous, but the authoritative source documents they provided are public and provided within this report, which begins now:

Since A.D. 33, Jesus Christ taught the first pope, St. Peter and the cardinals that Church officials who will harm the Church are to be cut off so that its members may be saved from scandal and hellfire (Matt. 18:6-11). Thirty years later, St. Paul taught that Christians are to have nothing to do with the sexually immoral (1 Cor. 5:11-13).

[11] But now I have written to you, not to keep company, if any man that is named a brother, be a fornicator, or covetous, or a server of idols, or a railer, or a drunkard, or an extortioner: with such a one, not so much as to eat. [12] For what have I to do to judge them that are without? Do not you judge them that are within? [13] For them that are without, God will judge. Put away the evil one from among yourselves.

In 1917, Pope Benedict XV established and promulgated the first Universal Code of Canon Law, providing that criminal sexual offenders were to be removed from office and made infamous within the Church.

Five years later in 1922, Pius XI secretly established law that required that pedophile, homosexual and zoophile offenses (and the law itself) be concealed from law enforcement and the public under threat of automatic excommunication, and that the offender be transferred to a new assignment if possible.

This contrary law was promulgated within a document titled Crimens Sollicitationis. The document was reintroduced in secret again by Pope John XXIII in 1962. The requirement of secrecy remained fully in force until Pope St. John Paul II allowed for Catholic Bishops in the U.S. and EU to report child abuse to law enforcement in 2001, but only when required by law (click here for a more detailed history).

Pope Francis recently abrogated the requirement that child abuse be concealed from law enforcement for the rest of the world in 2019, but only where required by the civil law of the governing territory that the offense had taken place.

However, Pope St. John Paul II promulgated further explicit exemptions for pedophiles, homosexuals and all other diagnosed perverts through a loophole known as "imputability" within the 1983 Code of Canon Law that still remains today.

Although imputability had been well established within Catholic doctrine as a theological basis to understand the spiritual culpability of sinners, the concept had never been used as a basis to exempt diagnosed pedophiles from punishment for offenses of child rape until the 20th century.

Below is the exact text from the widely respected Canon Law commentary Canon Law: Letter & Spirit explaining the explicit exemptions from penalties for pedophile offenders within the 1983 Code of Canon Law:

“When the facts of a particular case are examined carefully, it may well emerge that the cleric did indeed commit a sexual offence, or a number of them, with a minor; as such, he may be liable to punishment by the criminal law of the State; nevertheless, because of the influence of paedophilia, he may not be liable, by reason of at least diminished imputability, to any canonical penalty, or perhaps to only a mild penalty, to a formal warning or reproof, or to a penal remedy.” (Canon Law: Letter & Spirit, regarding c. 1395-2, pg. 805, 1996)

This means the child rapist cleric could not be punished "because of the influence of paedophelia" (see below).



Below is the exact text of this loophole for pedophile offenders, as stated verbatim in Canon Law 1321, from The 1983 Code of Canon law:

Can. 1321 §1. No one is punished unless the external violation of a law or precept, committed by the person, is gravely imputable by reason of malice or negligence.

Canon Law Letter & spirit describes how pedophelia invokes this loophole:

“The matter of imputability is of fundamental importance in considering each of these offences, and not least the third mentioned above [c. 1395-2, child abuse]. Before imposing any penalty for such an offence, the ecclesiastical authority must be morally certain that there has been an external violation of the law which is gravely imputable in the sense explained above at Can. 1321 §1. Among the factors which may seriously diminish imputability in such cases is paedophilia. This is described as ‘the act or fantasy of engaging in sexual activity with pre-pubertal children as a repeatedly preferred or exclusive method of achieving sexual excitement’.1 Those who have studied this matter in detail have concluded that proven paedophiles are often subject to urges and impulses which are in effect beyond their control.” (Canon Law Letter & Spirit, regarding 1395-2, pg. 805, 1996)

The new penal code of Canon Law established by Pope Francis' on December 8th, 2021 further restates this loophole of "imputability":

Can. 1321 § 1. Any person is considered innocent until the contrary is proved. No one can be punished unless the commission by him or her of an external violation of a law or precept is gravely imputable by reason of malice or of culpability.

You can find a summarized history of Canon Law on child abuse by expert Kieran Tapsell here:

Click to access CanonLawOnChildAbuseThruTheAges.pdf

While some may incorrectly claim this loophole for pedophile offenders is only in the past, the most recent canonical guidance on criminal sexual abuse: "Canon Law of Evidence in Penal Trials" (Peter O. Akpoghiran J.C.D., pg. 154, published 2020) restates the practice of diminishing imputability and punishment for pedophiles, but attributes this theory to an expert named Fr. Thomas Doyle rather than the now public document Crimens Sollicitationis. "The presence of a proven grave psychic personality disorder in a person diminishes the imputability of the offender. ‘The older presumptions that any sexual act is a matter of the will have generally given way to evidence to the contrary. This evidence has shown that in situations involving a dis-order, the person has a seriously diminished ability to control his or her actions. [This person] experiences a much higher and more in-tense level of compulsion for sex than one who is not afflicted with a disorder. [ … ]. The fact of the higher level of compulsion must be considered by ecclesiastical superiors as they deal with pedophile clergy. Because of the reduced ability for self-control, it would seem that this order would diminish imputability for a canonical crime.’ 33” 33 Thomas P. Doyle, “The Canonical Rights of Priests Accused of Sexual Abuse,” in Studia Canonica 24 (1990) pp. 345-354. See also, Coram Monier, 21 June 2002, RRDec. 94 (2010) n. 11, pp. 406-407. Note: An investigator attempted to reach out to Thomas Doyle for more than one year through various lawyers, individuals who know him, public phone numbers listed for Doyle online, and through Doyle's friend Msgr. Gene Thomas Gomulka to ask if he had changed his professional opinion on the diminishment of penalties for pedophiles and if he would retract his work from 1990, but Thomas Doyle was not able to be reached for comment. The only answer the investigator was able to obtain regarding Doyle's past work was an off-the-record answer from an associate of Doyle's that Doyle was not aware of how useless the law was against pedophiles until the exposure of the abuse crisis in Ireland in the 1990s, which was shortly after Doyle's work “The Canonical Rights of Priests Accused of Sexual Abuse,” was completed in 1990.

Part 2: Establishing Justice

– Formal & Public Violations of Divine Law Provide Cause of Action by People & State

In the United States, the Catholic Church operates as a 501c(3) corporation. As such, sexual abuse perpetrated by priests and employees under its control can be legally attributed to the corporation.

The United States Sentencing Commission says corporations can be found guilty of crimes and tortuous acts in a court of law. According to an overview of the organizational guidelines, criminal liability can attach to an organization “whenever an employee of the organization commits an act within the apparent scope of his or her employment, even if the employee acted directly contrary to company policy and instructions.”

It continues by saying “an entire organization, despite its best efforts to prevent wrongdoing in its ranks, can still be held criminally liable for any of its employees’ illegal actions.”

Intent is not needed to convict a corporation of a crime and the Catholic Church would not be able to remain silent behind fifth amendment protections.

If indicted and brought to trial, the Church would need to produce all policies, procedures, protections and actions that the Church and its employees have taken to prevent failures, both past and present. This might include the repeated sexual abuse of children and adults as well as continued prohibited financial transactions.

If convicted, the courts would require the Catholic Church to change how she prevents organizational crime, to compensate victims, or face total asset forfeiture.

This tactic has been successfully used before in Minnesota.

In 2015, the Ramsey County Prosecutor, John Choi, indicted the corporation of the Archdiocese of St. Paul Minnesota with six counts which qualified as gross misdemeanors “to hold it criminally accountable for its failure to protect children.”

Ten days after the indictment, Archbishop John Nienstedt and Auxiliary Bishop Piche resigned.

The resulting settlement provided new and necessary protections against sexual abuse as well as mandatory institutional oversight.

Rather than looking at the crisis in the Catholic Church as consisting of actions by individuals themselves, it’s also important to examine the corporate action as well.

Consider the policy, structure, systemic lack of oversight, and decisions made by the Catholic Church as a corporation, which directly contributes to a crisis.

Now consider how Canon Law 1321 retains the same loophole for criminal sex offenders of the worst kinds in 2021, even after all of the press, lawsuits, convictions, and settlements.

It is time for all people of goodwill to take action against the legal structure (civil, canonical) of the Church by demanding that local and federal prosecutors issue organizational charges whenever possible, supporting lawsuits of victims, redirecting donations to advocacy organizations that champion this cause, and generating public exposure of this issue.

These actions should be repeated until Canon Law is changed to require the removal of criminal pedophiles, homosexuals and zoophiles from the priesthood for the sake of the Church.

If we do not insist that this law change, these loopholes for criminal pedophiles will expand into the law of nations which rely upon the Catholic Church for moral leadership.

Supporting Scripture:

Jude 1:4

For certain individuals whose condemnation was written about long ago have secretly slipped in among you. They are ungodly people, who pervert the grace of our God into a license for immorality and deny Jesus Christ our only Sovereign and Lord.

Romans 13:1-4

Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and you will be commended. For the one in authority is God’s servant for your good. But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God’s servants, agents of wrath to bring punishment on the wrongdoer.

Matthew 18:6-11

[6] But he that shall scandalize one of these little ones that believe in me, it were better for him that a millstone should be hanged about his neck, and that he should be drowned in the depth of the sea. [7] Woe to the world because of scandals. For it must needs be that scandals come: but nevertheless woe to that man by whom the scandal cometh. [8] And if thy hand, or thy foot scandalize thee, cut it off, and cast it from thee. It is better for thee to go into life maimed or lame, than having two hands or two feet, to be cast into everlasting fire. [9] And if thy eye scandalize thee, pluck it out, and cast it from thee. It is better for thee having one eye to enter into life, than having two eyes to be cast into hell fire. [10] See that you despise not one of these little ones: for I say to you, that their angels in heaven always see the face of my Father who is in heaven.

[11] For the Son of man is come to save that which was lost.

These facts were initially made known by Kieran Tapsell. The investigator purchased source documents Kieran Tapsell referenced in his reports and interviewed authoritative and reliable Catholic sources for verification prior to this publication.

Portions of text regarding Corporate Sentencing originally published on ChurchMilitant.com and ComplicitClergy.com have been republished with permission from the author.

Screenshots of Canon Law commentaries have been used for educational and religious purposes only.

For further reading, click here: https://www.amazon.com/Potiphars-Wife-Vaticans-Secret-Sexual/dp/192151146X/ref=sr_1_1?crid=2OYH7ZBR88TP8&keywords=potiphars+wife&qid=1643329050&sprefix=potifar%2Caps%2C221&sr=8-1

and here: https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/Issues%20Paper%2011%20-%20Submission%20-%2033%20Kieran%20Tapsell.pdf

The document “Crimens Sollicitationis” can be found here: https://www.vatican.va/resources/resources_crimen-sollicitationis-1962_en.html

%d bloggers like this: