Albany Times Union

What would the bishops do?

- By Thomas Reese Thomas Reese, a Jesuit priest, is a former editor-in-chief of the Catholic weekly America. ▶

If Brett Kavanaugh were a Catholic priest, how would we now expect the church to deal with him?

Were he a Catholic priest being considered for promotion to bishop, or a bishop looking to become cardinal, his promotion would be dead in the water until his name was cleared. He would be suspended from ministry and a profession­al investigat­ion would be in order.

The procedures that the Catholic Church has had in place since 2002 for dealing with the sexual abuse of minors presume that the accused is an adult. Kavanaugh, on the other hand, is accused of attempting to rape a high school student while he himself was in high school. He denies the charge.

Let’s presume that the church would apply to a case like Kavanaugh the same procedures that it would apply to a priest accused of sexually assaulting a minor while intoxicate­d.

With such a public accusation, his bishop would be a fool to say he believes his priest and close the case without an investigat­ion, let alone promote him to higher office the following week.

A smart bishop would follow the procedures for handling accusation­s of child abuse by priests and would report the accusation to the police. While most jurisdicti­ons will accept a report of an alleged crime that occurred outside of the statute of limitation­s — particular­ly when the allegation involves a minor — there is little they can do.

The bishop would also send the accusation to the diocesan review board, along with any informatio­n gathered through a preliminar­y investigat­ion. The board would examine the accusation to determine if it was credible.

My guess is the accusation by Christine Blasey Ford would be found sufficient­ly credible to call for a full investigat­ion and temporary suspension of the priest.

The investigat­ion would not be easy since the alleged crime took place decades ago. It would require investigat­ors with experience doing similar probes. It should not be done by the chancery staff, who might have connection­s to the priest or at least be at risk of rooting for him over his accuser.

The New York Archdioces­e wisely hired outside experts this year to investigat­e then-cardinal Theodore Mccarrick when he was accused of abusing a minor decades ago. The accusation­s were found by the archdioces­an review board to be credible.

Although television detectives can solve any crime in the hour allotted, real life is not so simple. Although the hope is that an investigat­ion settles the facts of a case one way or another, sometimes the past is unclear. While criminal courts require that the accused be guilty beyond a reasonable doubt, a priest can be permanentl­y removed from ministry with less certitude.

The results of the investigat­ion go to the review board, which then makes a recommenda­tion to the bishop.

In the past, the bishops were no model for dealing with abuse, but today the church has procedures for dealing with such accusation­s.

The U.S. Senate should not make the same mistakes the church did. The accusation­s against Kavanaugh should be investigat­ed before his nomination moves forward.

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