The Grey Area: Where does unethical behavior end and Illegal behavior begin?

Thursday, November 5th, 2009

The Diocese of Albany has found “reasonable grounds” to believe that then-Fr. Salvatore Rodino sexually abused a male teenager 27 years ago.  Consequently, Mr. Rodino has been placed on administrative leave and removed from the active ministry.

Many of Mr. Rodino’s supporters have commented on the apparent lack of “due process” in this investigation — they claim that Mr. Rodino was denied “due process” during the investigation and that the diocese should not have placed Mr. Rodino on leave based on a 27 year old claim of abuse.

“Due process” originates in the United States Constitution.  Article Five, as well as Amendment 14, guarantee that the right to due process of law shall not be denied a defendant in a United States court.  However, Mr. Rodino’s accuser claims the abuse happened 27 years ago, Mr. Rodino cannot be brought before a civil court to face those charges because the statute of limitations on the alleged crime has expired.

This is not unusual.  Most people who are victims of sexual abuse as children do not report their abuse until they are much older (well past date the statute of limitations expired).  Therefore, the Church, following a policy adopted by the US Conference of Catholic Bishops and approved by the Vatican, is responsible for investigating a claim of sexual abuse and, if reasonable grounds are found to believe the abuse occurred, to appropriately discipline the offending cleric.

Bishop Hubbard placed Mr. Rodino on administrative leave.  Therefore, Mr. Rodino no longer allowed to function as a priest.  The Bishop’s actions are in accord with a provision of Canon Law that allows bishops to remove priests from ministry for a variety of reasons.  Among those reaons is a violation of the Sixth Commandment — in this case the sexual absue of a minor.  Priests and deacons can also be placed on administrative leave because of psychological or mental illness, or a variety of other reasons.

Consider the following scenario.  What should a Bishop do with a priest who is exhibiting signs of a psychological instability or, in the extreme, a form of dimentia.  This priest may be a victim of mental illness, and for his own good, he should be relieved of his priestly faculties.  The Church doesn’t want psychologically unstable or mentally ill priests in ministry.  Would you like to make a confession to a priest who no longer understands that he is bound by the seal of the confessional never to reveal what you say.

In addition to the diocese’s investigation that determined “reasonable grounds” existed to believe Mr. Rodino sexually abused a minor years ago, several other stories have emerged that suggest Mr. Rodino has crossed enough ethical lines to warrant his removal from ministry.

What do you do with a priest who talks to his underage students over the internet, who allegedly has taken pictures of high school boys in the locker room sans clothes, who encourages his students to reveal personal (sexual) details of their lives to him in journal entries, and who invites minors to the rectory while he is alone?  These accusations have been floating around about Mr. Rodino for years, yet it appears none of them cross that line between unethical and illegal.  It is unethical for a teacher (let alone a a priest) to cross boundaries with his students by communicating with them late at night over the internet, by encouraging them to reveal the details of their sexual experiences, and inviting them over to the rectory?  Each one of these actions crosses a boundary, and most reasonable people would consider them to be unethical.  Mr. Rodino’s actions, while unethical, may not be illegal.  But should the diocese allow a priest with this history of unethical line-crossing to continue to serve in the active priesthood?  Absolutely not.

In removing Mr. Rodino from ministry, Bishop Hubbard, we trust, was not only equipt with the existance of “reasonable grounds” to believe Mr. Rodino sexually abused a minor years ago, but was also considering all the reports of Mr. Rodino’s unethical behvaior the diocese has recieved.

We pray for the victims of Mr. Rodino’s abuse.  We pray for those two men who reported sexual abuse to the diocese.  And we pray also for all those who were victimized in a different way: those that were duped, those who placed their trust in a man who was cunning enough to hide his past abuses and indiscretions and involve himself in people’s lives.  God sees the pain and suffering that has been caused by this incident — the pain of the victim, and the pain of those who for years trusted Mr. Rodino.  We pray to God that for all these victims, He will bring healing, justice, and peace.

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