Thread: Should Cardinals Mahony and O'Brien go to Conclave? Board: Oblivion / Ship of Fools.


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Posted by argona (# 14037) on :
 
No iron in the fire here, I'm just wondering what people think.
 
Posted by Desert Daughter (# 13635) on :
 
This is not like some parliamentary election. And it is impossble to check the pedigree of each and every one cardinal. These men are flawed, some more so than others, and as long as there has been a conclave the pope has always been elected by cardinals who range from saintly to belonging to The Other Place.

As always, this group of men which might constitute, for the eyes of a Western, postmodern, hyper-rationalist mind which has been deeply soaked in the 'truths' of democracy, equality, political correctness and other recent cultural inventions, a rather motley crew, will pray more or less faithfully to the Holy Spirit to guide them in their votes throughout the conclave, and out will come... a new pope.

Our Church has survived some saints and some sinners, and in the end it is a human exercise of trying to steer that which is ultimately the work of God.

So, I'm cool about it.
 
Posted by Hart (# 4991) on :
 
O'Brien -- definitely, yes. The day after he makes some controversial remarks about relaxing clerical celibacy some people come out of the woodwork with accusation of impropiety on the part of the Cardinal (with no suggestion of sexual molestation of minors) from 30 years ago. Do the media not see how they're being played?

Mahoney -- different story, but still yes. There are questions over his handling of priests guilty of sexual abuse in his diocese. But, they are questions. His letter on this subject repays careful reading. Did he make mistakes? Yes. But, they were the same mistakes everyone in any child-service leadership are was making (and many fewer than certain others).

If we said that no-one who's ever made a mistake should have a leadership role in the Church, we'd be left in a rather shepherd-less place. (And we'd have abandoned Jesus' example).

[ 24. February 2013, 15:42: Message edited by: Hart ]
 
Posted by Trisagion (# 5235) on :
 
I rather disagree with my two co-religionists who have so far replied to the OP.

Under our safeguarding rules the allegations made against Cardinal O'Brien would normally result in removal from all public ministry on administrative leave until the allegations have been properly investigated and, in the event of them being found to be unfounded, a risk assessment having been completed. If these allegations have been passed-on by the Nuncio to the Holy Father, as is reported, then His Eminence should recuse himself from the Conclave, unless he is cleared before it begins.

As for Cardinal Mahoney (and Cardinal Daneels, for that matter), pace Hart, his behaviour isn't just what everyone else did - although that is what he has sought to portray - it was a gross betrayal of those in his pastoral care. Daneels involvement in the Vangheluwe case is one of the most egregious examples of dereliction of duty in a period of time when just too many of our shepherds have shown he selves to be hired men.

As I said on another thread, Cardinal Pell, when Archbishop of Melbourne in 2002, showed the proper course of action. He stepped down until he had been cleared. These other men have no idea of the scandal they cause and hey will take this scandal into the Conclave with them unless they shake off this hubris.
 
Posted by Niteowl (# 15841) on :
 
I'm of the opinion Mahoney should stay home. There was a meeting of those in his home church - the vast majority of whom agree. There was serious negligence and harm done to his congregation during his tenure during the pedophile scandal and he proved himself unworthy of the office of Cardinal by his handling of pedophile priests whose discipline he was responsible for. There were also children in other congregations harmed when he turned those same priests lose on other congregations with no warning.

ETA: Mahoney was removed from his public duties at the church and that should require his no attending the conclave to vote.

X-post with Trisagion

[ 24. February 2013, 16:05: Message edited by: Niteowl ]
 
Posted by Schroedinger's cat (# 64) on :
 
If either of them is not fit to exercise their role of leadership in the church, they should be removed from that role. If they are considered fit to exercise the role of Cardinal, they should exercise that completely, including attending the conclave.

If they are not/have not been removed as Cardinals, then this says something about where the Catholic Church stands.

You cannot remove everyone from leadership who has made mistakes. But the mistakes that you overlook does make a statement about what you consider important.
 
Posted by Inger (# 15285) on :
 
quote:
Originally posted by Hart:
O'Brien -- definitely, yes. The day after he makes some controversial remarks about relaxing clerical celibacy some people come out of the woodwork with accusation of impropiety on the part of the Cardinal (with no suggestion of sexual molestation of minors) from 30 years ago. Do the media not see how they're being played?

It would seem that this misrepresents what happened.

From the BBC:

quote:
The four complained in the week before 11 February, when Pope Benedict announced his resignation. The complainants have now called for the cardinal's immediate resignation.

 
Posted by Augustine the Aleut (# 1472) on :
 
While I lean toward Trisagion's pretty clear position on this-- zero tolerance for senior levels of responsibility is not a bad approach -- I would always be a tad concerned over charges at a cardinal which appear just after the papal election machine comes into motion (this is Not a comment in any way on the substance of the Cardinal O'Brien accusations).

With respect to Cardinal Mahoney, I would counsel him to issue a statement that, immediately following the election, he will petition the new pope to accept his resignation from the cardinalate. As it is, we wonder if he was sorry for his actions, or just sorry that he was found out, or annoyed that the goalposts moved. Such a move would perhaps convince some of us of the level of his sincerity.
 
Posted by hatless (# 3365) on :
 
quote:
Originally posted by Augustine the Aleut:
While I lean toward Trisagion's pretty clear position on this-- zero tolerance for senior levels of responsibility is not a bad approach -- I would always be a tad concerned over charges at a cardinal which appear just after the papal election machine comes into motion

Always? I know these sort of accusations are made all too frequently, but have you really had such a great experience of them that you can formulate a general policy? In cases where accusations are made about a cardinal in the early stages of a papal election it pays, on balance, to be a tad concerned? Experience has taught you this?

(Although the post above yours points out that the accusations were made in the week before the pope announced his resignation.)
 
Posted by Augustine the Aleut (# 1472) on :
 
quote:
Originally posted by hatless:
quote:
Originally posted by Augustine the Aleut:
While I lean toward Trisagion's pretty clear position on this-- zero tolerance for senior levels of responsibility is not a bad approach -- I would always be a tad concerned over charges at a cardinal which appear just after the papal election machine comes into motion

Always? I know these sort of accusations are made all too frequently, but have you really had such a great experience of them that you can formulate a general policy? In cases where accusations are made about a cardinal in the early stages of a papal election it pays, on balance, to be a tad concerned? Experience has taught you this?

(Although the post above yours points out that the accusations were made in the week before the pope announced his resignation.)

The answer is Yes. I have worked in enough elections, and observed them closely enough at times when I could not, to assume that any information about a candidate (or in the papal electoral process) an elector, is simply informational or neutral in intent. I would go so far as to assume that any release of information -- or institution of a process -- should be examined carefully to ensure that it is not intentional and oriented toward influencing the process, or an agenda.

I did make it clear that I was speaking generally and not about the O'Brien accusations, of which I know little.
 
Posted by hatless (# 3365) on :
 
quote:
Originally posted by Augustine the Aleut:
quote:
Originally posted by hatless:
quote:
Originally posted by Augustine the Aleut:
While I lean toward Trisagion's pretty clear position on this-- zero tolerance for senior levels of responsibility is not a bad approach -- I would always be a tad concerned over charges at a cardinal which appear just after the papal election machine comes into motion

Always? I know these sort of accusations are made all too frequently, but have you really had such a great experience of them that you can formulate a general policy? In cases where accusations are made about a cardinal in the early stages of a papal election it pays, on balance, to be a tad concerned? Experience has taught you this?

(Although the post above yours points out that the accusations were made in the week before the pope announced his resignation.)

The answer is Yes. I have worked in enough elections, and observed them closely enough at times when I could not, to assume that any information about a candidate (or in the papal electoral process) an elector, is simply informational or neutral in intent. I would go so far as to assume that any release of information -- or institution of a process -- should be examined carefully to ensure that it is not intentional and oriented toward influencing the process, or an agenda.

I did make it clear that I was speaking generally and not about the O'Brien accusations, of which I know little.

Thanks, A the Aleut. It goes to show that I shouldn't make assumptions about other people here, whose experience is often quite remarkable and deeply specialized. A veteran of papal elections, familiar with the patterns of allegations against cardinals - you never know who's behind the avatar, do you?
 
Posted by Barnabas62 (# 9110) on :
 
"Caesars wife" guidelines suggest that any Cardinal so accused should recuse himself. If any accusation is timed to be malicious, and you know it to be false, then you trust the investigatory process to reveal the low blow.

But I'm conscious that these traditional, honourable and wise guidelines have themselves been poisoned by spin awareness. I'm not pointing to any specific allegation, but people have been known to act maliciously to force the hand of those who are might be expected to take the high ground, knowing full well the probable effect.

In general, I hold to Trisagion's position. It's better to protect and respect the probity of the processes, both the one from which you recuse yourself and the one governing investigation. But it's a closer call than it was before the era of glasshouse media behaviour and spin. There are some new opportunities for malice these days.

[ 25. February 2013, 09:18: Message edited by: Barnabas62 ]
 
Posted by Ricardus (# 8757) on :
 
O'Brien has resigned.
 
Posted by Niteowl (# 15841) on :
 
quote:
Originally posted by Ricardus:
O'Brien has resigned.

Now if only Mahoney would do the same. His transgressions are a matter of public record, made public very recently as proof.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Hart:
Mahoney -- different story, but still yes. There are questions over his handling of priests guilty of sexual abuse in his diocese. But, they are questions. His letter on this subject repays careful reading. Did he make mistakes? Yes. But, they were the same mistakes everyone in any child-service leadership are was making (and many fewer than certain others).

Sure, there are questions about Cardinal Mahony mishandling sexual abuse cases. Just as there were questions about O.J. Simpson murdering his wife. Throw enough lawyers and money at solid facts and they turn into "questions".

Should Cardinals Mahony and Danneels and stay at home? Heck, yes. Will they? Heck, no. But I'm hopeful that it will not matter much.

P.S.: It's "Mahony" without an "e" and "Danneels" with double "n" and double "e".

P.P.S.: Didn't see the news that Cardinal O'Brien has stepped down. I have edited his name out of my statement above about staying home. Not just because he will, but because he did a honourable thing and doesn't deserve that company.

[ 25. February 2013, 10:51: Message edited by: IngoB ]
 
Posted by Augustine the Aleut (# 1472) on :
 
quote:
Originally posted by hatless:
quote:
Originally posted by Augustine the Aleut:
quote:
Originally posted by hatless:
quote:
Originally posted by Augustine the Aleut:
While I lean toward Trisagion's pretty clear position on this-- zero tolerance for senior levels of responsibility is not a bad approach -- I would always be a tad concerned over charges at a cardinal which appear just after the papal election machine comes into motion

Always? I know these sort of accusations are made all too frequently, but have you really had such a great experience of them that you can formulate a general policy? In cases where accusations are made about a cardinal in the early stages of a papal election it pays, on balance, to be a tad concerned? Experience has taught you this?

(Although the post above yours points out that the accusations were made in the week before the pope announced his resignation.)

The answer is Yes. I have worked in enough elections, and observed them closely enough at times when I could not, to assume that any information about a candidate (or in the papal electoral process) an elector, is simply informational or neutral in intent. I would go so far as to assume that any release of information -- or institution of a process -- should be examined carefully to ensure that it is not intentional and oriented toward influencing the process, or an agenda.

I did make it clear that I was speaking generally and not about the O'Brien accusations, of which I know little.

Thanks, A the Aleut. It goes to show that I shouldn't make assumptions about other people here, whose experience is often quite remarkable and deeply specialized. A veteran of papal elections, familiar with the patterns of allegations against cardinals - you never know who's behind the avatar, do you?
Hatless-- I am sorry that you misunderstood my post. I was referring to elections generally-- perhaps I should have specified that this meant the federal elections of 1979, 1980, 1984, and 1993; provincial elections of 1985, 1986, 1990, 1993 and 2001; municipal of 1998, 2001, and 2004, and two party leadership contests, but I did not think that such a lengthy list would have interested anybody-- indeed, I got bored typing out the list. I would say that makes me capable of commenting on elections. Papal elections are different, of course, in that they are as much about the electors as the candidates.
 
Posted by hatless (# 3365) on :
 
So no special experience of charges against cardinals during elections?
 
Posted by Desert Daughter (# 13635) on :
 
That's it, O'Brien has resigned.
I just hope that this will not be construed by the greedy media as an automatic admission of fault.

But of course it will be...
 
Posted by Augustine the Aleut (# 1472) on :
 
quote:
Originally posted by hatless:
So no special experience of charges against cardinals during elections?

I find it odd that you put the question thus given what I have already said. My post was general about elections (I hope that I don't have to repeat this a 3d and 4th time) and I can give you a few examples about allegations at election time-- I think I even have in my files a handout from the 1980 campaign accusing Pierre Trudeau of masterminding all-male orgies at 24 Sussex Drive in order to dominate media coverage by blackmailing journalists. I recall being part of a provincial campaign committee which expelled one member for circulating private information about (non-criminal) real estate dealings by an opposing candidate-- for the record, we then privately told that candidate's campaign team and were thanked for doing so-- things were different in those more polite days.

Allegations at election time need to be put under a very careful and critical lens. Sometimes they're pertinent and accurate, and sometimes they're not.
 
Posted by Crœsos (# 238) on :
 
The Catholic Church sets its own rules about these sorts of things (and rightly so). If they didn't want accused cardinal-malefactors voting for Pope, they'd have rules against it. Expecting wrongdoers to "do the right thing" voluntarily seems a fairly contradictory expectation.
 
Posted by Niteowl (# 15841) on :
 
quote:
Originally posted by Crœsos:
The Catholic Church sets its own rules about these sorts of things (and rightly so). If they didn't want accused cardinal-malefactors voting for Pope, they'd have rules against it. Expecting wrongdoers to "do the right thing" voluntarily seems a fairly contradictory expectation.

Given the solid evidence, not just "questions" or accusations against 2 cardinals that I know of who totally mishandled the pedophile priest scandal and who knowingly sent pedophile priests to minister to children in other churches without so much as a warning to them and who actively covered up the activity of these same priests and the fact that I have not seen the Vatican take any action against them, though Mahony's church did remove him from any service, I don't have much hope of a clean conclave voting for the next pope. Saddens me greatly as one is desperately needed at this time.

[ 25. February 2013, 14:10: Message edited by: Niteowl ]
 
Posted by Ronald Binge (# 9002) on :
 
quote:
Originally posted by Niteowl:
quote:
Originally posted by Crœsos:
The Catholic Church sets its own rules about these sorts of things (and rightly so). If they didn't want accused cardinal-malefactors voting for Pope, they'd have rules against it. Expecting wrongdoers to "do the right thing" voluntarily seems a fairly contradictory expectation.

Given the solid evidence, not just "questions" or accusations against 2 cardinals that I know of who totally mishandled the pedophile priest scandal and who knowingly sent pedophile priests to minister to children in other churches without so much as a warning to them and who actively covered up the activity of these same priests and the fact that I have not seen the Vatican take any action against them, though Mahony's church did remove him from any service, I don't have much hope of a clean concave voting for the next pope. Saddens me greatly as one is desperately needed at this time.
Vincent Nichols and (very remotely) Diarmuid Martin could be theoretically appointed in a consistory right up to the last minute on Thursday, but I would be very surprised if that did happen. Compare and contrast the speed of acceptance of Card. O'Brien's resignation to that of Card. Brady.
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by Desert Daughter:
That's it, O'Brien has resigned.
I just hope that this will not be construed by the greedy media as an automatic admission of fault.

But of course it will be...

The media will totally assume it, but I hope that whoever it is O'Brien cares about, perhaps his peers in the hierarchy, doesn't assume it. Considering that he'd resigned a week ago, before half of this exploded, the man totally deserves not to be assumed guilty, I think. In fact, I'd say that if he's innocent or mostly innocent, he's a very very good man--stepped down knowing what people would assume because he wanted to avoid bringing scandal to the church.
 
Posted by argona (# 14037) on :
 
According to the BBC website, it was the Pope's decision that he should go now. Prayers for all concerned, and the RCC.
 
Posted by Gwai (# 11076) on :
 
According to NPR, he tended his resignation on the 18th, so while it may have been up to the Pope, Cardinal O'Brien intentionally made the Pope's decision; he was determined to do whatever was best for the church.
 
Posted by Pigwidgeon (# 10192) on :
 
quote:
Originally posted by Gwai:
According to NPR, he tended his resignation on the 18th, so while it may have been up to the Pope, Cardinal O'Brien intentionally made the Pope's decision; he was determined to do whatever was best for the church.

According to the BBC article,
quote:
Cardinal O'Brien said in his statement he had already tendered his resignation as Archbishop of St Andrews and Edinburgh, due to take effect when he turned 75 next month, but Pope Benedict "has now decided that my resignation will take effect today".
So it sounds like O'Brien planned to retire after the Conclave, and it was indeed Pope Benedict who moved up the date.
 
Posted by CL (# 16145) on :
 
quote:
Originally posted by Ronald Binge:
Compare and contrast the speed of acceptance of Card. O'Brien's resignation to that of Card. Brady.

It says more about the difficulty of finding even a half suitable replacement among the Irish clergy than it does anything else.
 
Posted by Gwai (# 11076) on :
 
quote:
Originally posted by Pigwidgeon:
According to the BBC article,
quote:
Cardinal O'Brien said in his statement he had already tendered his resignation as Archbishop of St Andrews and Edinburgh, due to take effect when he turned 75 next month, but Pope Benedict "has now decided that my resignation will take effect today".
So it sounds like O'Brien planned to retire after the Conclave, and it was indeed Pope Benedict who moved up the date.
Fair enough. You are right then.
 
Posted by IngoB (# 8700) on :
 
Please note that Cardinal O'Brien has tendered his resignation as Archbishop, and that it was this resignation which got accepted with potentially telling speed.

However, I believe that Cardinal O'Brien has neither resigned nor has he been removed from the College of Cardinals. The only reason why he will not be participating in the election of the next pope is because he has publicly declared that he will not go to Rome to do so.

His stated reason is that he didn't want to distract from the election, or in other words, he didn't want to bring the scandal for now attached to him to Rome.

If I am right in this, then whatever may turn out to be true about the allegations against Cardinal O'Brien, this was a honourable decision. He may have been leaned on to come to this decision, of course, but that is pure speculation.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by IngoB:
If I am right in this, then whatever may turn out to be true about the allegations against Cardinal O'Brien, this was a honourable decision. He may have been leaned on to come to this decision, of course, but that is pure speculation.

Not pure speculation. Just a metric shit-tonne of speculation wrapped around the tiny nugget of his media-intensive announcement. He could have just quietly not shown up, or sent a private note to the conclave expressing his regrets, or whatever. So it's more like 99.9% speculation rather than the completely pure stuff.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Crœsos:
Not pure speculation. Just a metric shit-tonne of speculation wrapped around the tiny nugget of his media-intensive announcement. He could have just quietly not shown up, or sent a private note to the conclave expressing his regrets, or whatever. So it's more like 99.9% speculation rather than the completely pure stuff.

I think you have 0.1% of a point there.
 
Posted by Trisagion (# 5235) on :
 
quote:
Originally posted by IngoB:
Please note that Cardinal O'Brien has tendered his resignation as Archbishop, and that it was this resignation which got accepted with potentially telling speed.

He tendered that resignation last November. The Pope accepted it under the formula nunc pro tunc, in other words, hang on in post until I've found your replacement. The four accusers, it is reported, wrote to the Nuncio a month or so ago. The Nuncio forwarded the letters to the Pope, who alone has competence in matters of discipline regarding Cardinals. Last Tuesday, the Pope, without appointing a successor confirmed the resignation with immediate effect. Looks pretty much like Cardinal O'Brien was resigned.
 
Posted by Forthview (# 12376) on :
 
There is indeed an auxiliary bishop who has been in post since last June.He has been gradually taking over the workload of the Cardinal who was preparing to take over the post of celebrant at Mass in the seaside town of Dunbar.
Whether Bishop Robson,titular bishop of Tannuna, will take over the role of archbishop remains to be seen.I think,however, he was the man that the cardinal wished to succeed him.
It is immensely sad for the Catholic community and many others that the cardinal has come to this at the end of his long years of ministry.Whatever he may have done or not done and however strident his statements may have seemed in the last few months,he has been a man who has given great service to the Catholic church as well as to the wider community for nigh on 50 years.
What his statement today both says and doesn't say may well open a can of worms here in Scotland.
There is a popular prophecy,often discredited,that the next pope will be the last pope and that the city of Rome itself will apostacise.The resignation of a cardinal ,accused of inappropriate behaviour, on the eve of this papal conclave,called in unusual circumstances,will surely concentrate the minds of the members of the Sacred College.
/Who would have thought that small Scotland,where just under 20% of the population is Catholic,would play this part in the drama of the papal election ?
Of course I understand that the priests who are making the accusations have to be listened to and if there have been injusticies these have to be righted,but why wait until a man is about to retire ? Why not have done it before the last Conclave at which the cardinal took part ?
Is it indeed the hand of God ?

Anyway,as the Cardinal comes to the end of his public ministry,there is a member of these boards who is being inaugurated into his Church of Scotland ministry this evening and I wish Cottontail every blessing on his/her apostolic work.
 
Posted by Golden Key (# 1468) on :
 
I think that all the cardinals who are known to have enabled or abused should stay home.

What is done if a cardinal can't go? Can some sort of acting cardinal be appointed?
 
Posted by the giant cheeseburger (# 10942) on :
 
quote:
Originally posted by Golden Key:
What is done if a cardinal can't go? Can some sort of acting cardinal be appointed?

No, because "cardinal" is not a position which has to be filled when one leaves or dies. For want of a better word, it's a clerical 'rank' that is not attached to any particular office, they are appointed as cardinals by the pope.

When one of them does not attend, the papal election just goes on without their participation.
 
Posted by Golden Key (# 1468) on :
 
TGC--

Thanks. Thought that might be the case.

I heard on the news that there are only 2 reasons a cardinal is allowed to skip the conclave: a) can't travel; and b) illness(?). (Unsure of the last one.)
 
Posted by Mudfrog (# 8116) on :
 
quote:
Originally posted by Desert Daughter:
That's it, O'Brien has resigned.
I just hope that this will not be construed by the greedy media as an automatic admission of fault.

But of course it will be...

I am sick to death of guilt by accusation.

I am sick to death of anonymous accusers bringing unspecified charges against people 30 years after 'it' all happened. I mean, what does 'inappropriate behaviour' mean exactly?

The problem is that the way the media report it, and more especially, the way the public freceive it, means that in 2013, an accusation automatically means guilt. "Oh, he must have done it other wise he wouldn't be accused."

I'm with the politician who wants the law to be changed back to the day when if you were accused of a sexual offense you could not be named until you were actually charged with it.

An arrest does not guarantee guilt, but it seems nowadays you don't even have to be arrested for you to be guilty.

It all started with Jimmy Savile and the pronouncement by the chief constable to the media that Savile was a serial pedophile and rapist. Since when did the Met become prosecutor, judge and jury?

The poor Cardinal in question had only a few weeks left to go until he retired. He is refuting the spiteful allegations and yet still has to go. I think it's grossly unfair.

All 4 of his accusers were grown men when 'it' allegedly happened; what have they been doing for 30 years!? It's not like the understandable case of a child being afraid to 'tell the secret'.

Personally, I think there should be a reasonable time in law in which to bring an accusation. 33 years is, in my view too long, too late.

And in any case he's being accused of 'inappropriate behaviour'. Sounds to me, if true, that he made a pass at a couple of young priests - hardly serial pedophilia is it!

To bring it all up now just seems spiteful to me.

[ 26. February 2013, 07:05: Message edited by: Mudfrog ]
 
Posted by Desert Daughter (# 13635) on :
 
What Mudfrog said.

I feel like opening a thread in hell... [Mad]
 
Posted by Doublethink (# 1984) on :
 
Abuse of power can be difficult to confront, especially if you have good reason to believe nothing will be done about a complaint. Evidence suggest raising a complaint of sexual misconduct in the Catholic church until quite recently really wasn't going to work.

I don't see why we have any reason to define these allegations as spiteful, any more than we can automatically assume guilt.

If the allegations are true, it is quite likely that men who have been the object of sexual interest by the cardinal are less than impressed by the statements he makes about homosexuality. Hypocrisy does tend to seriously piss people off.

[ 26. February 2013, 07:23: Message edited by: Doublethink ]
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Mudfrog:

And in any case he's being accused of 'inappropriate behaviour'. Sounds to me, if true, that he made a pass at a couple of young priests - hardly serial pedophilia is it!

To bring it all up now just seems spiteful to me.

The power imbalance and use of sex to increase this use of power would be extremely serious if it were true.

It's happened to too many women, who have had to leave their jobs because of it. This sounds like a very similar allegation to me.

Should it have been kept secret until proven or unproven? I don't know - would it ever have been investigated?

(Ex post with D2 - same points)

[ 26. February 2013, 07:26: Message edited by: Boogie ]
 
Posted by Barnabas62 (# 9110) on :
 
I understand Mudfrog's post, but wish to underline Doublethink's reply with my Host Hat on.

Do have a care, Shipmates. I think it's fine to point out the general issues and risks, but legally dodgy to attribute base motives to real people, whether or not we name them. We're trying our best to draw the line between free-speech vigorous serious discussion and putting the cash-strapped Ship at risk. You'll understand our caution.

Barnabas62
Purgatory Host


[ 26. February 2013, 08:01: Message edited by: Barnabas62 ]
 
Posted by Desert Daughter (# 13635) on :
 
an intelligent comment on this issue in today's blogpost of iBenedictines here .
 
Posted by Golden Key (# 1468) on :
 
{Hoping this is in line with the hostly ruling!}

I agree with the posts about taking the allegations seriously.

I agree it's important not to taint an innocent person. OTOH, there've been so many cases in the RCC of "of course not--he'd never do such a thing" where the person *was* guilty of abusing or enabling that it's very hard to assume that any clergy is innocent.

Kind of like Lance Armstrong and "no, I didn't dope, and neither did anyone on my team".
 
Posted by Boogie (# 13538) on :
 
With the Jimmy Saville being a prime example. People didn't come forward because they knew for a fact that they wouldn't be believed. Such a *good* person was beyond reproach.

I wouldn't be surprised if the balance tipped the other way and innocent people were accused, lost jobs etc.

The bad apples ruin innocent lives in more than one way [Frown]
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Doublethink:
If the allegations are true, it is quite likely that men who have been the object of sexual interest by the cardinal are less than impressed by the statements he makes about homosexuality. Hypocrisy does tend to seriously piss people off. (bold changed to italics)

I find this quite wrong. Let us assume for the sake of argument that Cardinal O'Brien is a homosexual by some convenient definition. Why would it be hypocrisy for him to speak out against homosexual marriage? Why indeed would it be hypocrisy for him to condemn homosexual activity and consider homosexual orientation as intrinsically disordered? Even if he indeed was celebrating gay sex orgies every day of his life, which he most assuredly was not, the charge of hypocrisy would not necessarily stick. Hypocrisy consists in promoting standards one does not in fact hold, it does not consist in failing to adhere oneself to the standards one promotes. Wikipedia makes this point with a nice quote from Samuel Johnson:
quote:
Nothing is more unjust, however common, than to charge with hypocrisy him that expresses zeal for those virtues which he neglects to practice; since he may be sincerely convinced of the advantages of conquering his passions, without having yet obtained the victory, as a man may be confident of the advantages of a voyage, or a journey, without having courage or industry to undertake it, and may honestly recommend to others, those attempts which he neglects himself.
In addition, I would say that there is no general requirement to reveal one's moral failings to the public. To God, certainly, to victims and proper authority, probably, but the Jerry Springer Show is not a must.

If we assume for the sake of argument that the allegations are true in some sense at least, then Cardinal O'Brien may well have missed an opportunity for powerful witness and indeed for pre-empting the current scandal by not speaking about these incidents when discussing homosexual marriage. But this would not be in and by itself something that condemns the man.
 
Posted by Mudfrog (# 8116) on :
 
If this goes beyond the pale, I am happy for the Host to delete it.

I wish to make a comment about the timing of the complaint. I made the point that enough time has gone by for the protest/complaint to be made, and asked 'why now'?

I would further want suggest that the opportune moment was in fact given to one of the complainants - on the day he resigned his priesthood in response to Fr O'Brien becoming Bishop O'Brien.

That would have been the time to complain.
I simply cannot and do not believe that there was not one single person in the church who would have listened to a priest who complained about another priest making improper suggestions to him.

If he didn't complain then, what is his purpose in complaining now? It's not like the Cardinal has broken a law. Why do we assume that this is not spite? How do we know these ex-priests are indeed telling the truth?
 
Posted by the giant cheeseburger (# 10942) on :
 
What if not being heard until recently wasn't the complainants' fault? What if the complainant/s had been trying to be heard for many years but he/she/they had been brushed off by the church until recently?

[ 26. February 2013, 13:03: Message edited by: the giant cheeseburger ]
 
Posted by Robert Armin (# 182) on :
 
quote:
Originally posted by Desert Daughter:
an intelligent comment on this issue in today's blogpost of iBenedictines here .

That article was praising "ordinary Catholics"; a sentiment I want to endorse. By contrast, a spokesman for the Vatican appeared on Channel 4 News last night. He was educated, intelligent and deeply patronising (he basically told Jon Snow, "Go off and play with your technology, and leave the serious thinking to us") and I've seen other such figures over the years, when similar accusations are made. People like that, it seems to me, do the RCC real damage. Why can't you have someone saying, "We don't yet know if these accusations are true or not but, if they are, deep harm has been caused, which we weep over"? Why can't the official spokesmen show compassion, rather than slick talking?
 
Posted by Barnabas62 (# 9110) on :
 
Mudfrog

In general, counselling and pastoral care experience teaches us that people who have been on the receiving end of any kind of dominant/abusive behaviour are nearly always cowed by it, bent out of shape in terms of self-belief and self-confidence. Delays in talking about their experiences to anyone are very normal. Even after that, making allegations to a higher authority may never happen, or there may be significant further delay in taking that step. And obstacles in the way.

I know personally of cases where the delay has been more than a quarter of a century. Delay does not mean that there is no need for due and fair process. Delay does have some impact on the reliability of testimony. All human beings, regardless of their consistency and standards of personal honesty, edit their own history.

I think there are grounds for concern over the fairness to the accused of much-delayed investigations and/or legal actions, particularly when cases lack any evidence other than personal testimony. I suppose one might argue that if more than one witness comes forward, that proves something. But bandwagon effects and witch hunts can be fostered by pre-trial publicity. It's a tricky area.

Of course due processes can be manipulated by accusers and I know of cases where this has happened. In general it is not safe to read too much into coincidences of timing. We don't know enough facts to put two and two together with any degree of assurance, or any confidence that we are being fair.
 
Posted by Rosa Winkel (# 11424) on :
 
Anyone aware of what has been revealed about Jimmy Saville will know that it can indeed take time and changes to occur for people to speak out.
 
Posted by Matt Black (# 2210) on :
 
I hear all of the above but am not convinced that not having some kind of statute of limitations is required: for example, how on earth can an accused individual remember what s/he was up to on a Tuesday evening in March 30+ years ago?

[ETA - perhaps a subject for another thread?]

[ 26. February 2013, 14:34: Message edited by: Matt Black ]
 
Posted by Mudfrog (# 8116) on :
 
I have decided that I'm annoyed with Mrs X. I worked with her in 1982 at a company in a town I haven't lived in, and neither has she, for 25 years. I wish to make a complaint that on a Thursday - or was it Friday - no! Wednesday evening in August or September of that year - No, I remember now: it was at the office Christmas party! - anyway, she, most inappropriately for a married woman with kids I feel, said she would like to meet me behind the photocopier for a 'bit of no nonsense, so strings groping' and was I up for it?

Well, even though there were no witnesses and I can't remember exactly what date it was - and i certainly can't prove it even if I remembered the exact time! - and though it'll ruin her marriage and disgust her kids, I'm going to make the accusation anyway, in public and whilst retaining my anonymity.

Why didn't I tell anyone about it earlier, well I was worried that no one would believe me - but nowadays they'll believe anything you tell a reporter won't they?
 
Posted by Gildas (# 525) on :
 
Originally posted by IngoB:

quote:
quote:
Originally posted by Doublethink:
If the allegations are true, it is quite likely that men who have been the object of sexual interest by the cardinal are less than impressed by the statements he makes about homosexuality. Hypocrisy does tend to seriously piss people off. (bold changed to italics)

I find this quite wrong. Let us assume for the sake of argument that Cardinal O'Brien is a homosexual by some convenient definition. Why would it be hypocrisy for him to speak out against homosexual marriage? Why indeed would it be hypocrisy for him to condemn homosexual activity and consider homosexual orientation as intrinsically disordered? Even if he indeed was celebrating gay sex orgies every day of his life, which he most assuredly was not, the charge of hypocrisy would not necessarily stick. Hypocrisy consists in promoting standards one does not in fact hold, it does not consist in failing to adhere oneself to the standards one promotes. Wikipedia makes this point with a nice quote from Samuel Johnson:
Let's leave Cardinal O'Brien out of this for a moment as we don't know the truth or falsity of the allegations against him.

Generally speaking the common English usage of the term hypocrite refers whose professed beliefs are at variance with their actions. Even if, on some level, a denouncer of sexual relations between persons of the same sex is sincere in his or her denunciations they may be properly described as a hypocrite if they are also a practicioner of said practices on the Q/T.

I am guessing that what Johnson was talking about was someone like my dear old Grandmother who puffed away on a gasper like Messrs Benson and Hedges needed the cartons back, whilst firmly inculcating in us kids the idea that smoking was a bad idea. Grandma wasn't a hypocrite, she wanted us to avoid going down a path that she had gone down and regretted. She would have been a hypocrite if she had noisily denounced smoking every time we went to see her and then sparked up the moment we were gone.

More generally there comes to a point, I think, that a variance between one's acts and one's words makes sincerity impossible. It is possible to disapprove of adultery and to end up in bed with someone who is not one's spouse but if one routinely ends up in bed with someone else one is not sincere, one is posing as a disapprover of adultery even if one feels sincere and noble about one's pose from time to time. It's entirely possible to have good intentions and to be guilty of bad faith on an industrial strength scale and when that happens get ready for people to call you a hypocrite, you'll have earned it.
 
Posted by Desert Daughter (# 13635) on :
 
Innocent until proven (!) guilty. What's going on here is a disgraceful witch-hunt -and oh, how delicious that the "witch" is a Catholic cardinal... This is libel, pure and simple.
 
Posted by Mudfrog (# 8116) on :
 
quote:
Originally posted by Desert Daughter:
Innocent until proven (!) guilty. What's going on here is a disgraceful witch-hunt -and oh, how delicious that the "witch" is a Catholic cardinal... This is libel, pure and simple.

Like
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Robert Armin:
By contrast, a spokesman for the Vatican appeared on Channel 4 News last night. He was educated, intelligent and deeply patronising (he basically told Jon Snow, "Go off and play with your technology, and leave the serious thinking to us") and I've seen other such figures over the years, when similar accusations are made. People like that, it seems to me, do the RCC real damage. Why can't you have someone saying, "We don't yet know if these accusations are true or not but, if they are, deep harm has been caused, which we weep over"? Why can't the official spokesmen show compassion, rather than slick talking?

As far as I can tell, these news are currently still available here, the interview starts at 3:07. At no point anything resembling the remark that you put in quotation marks was made! Furthermore, while one may regret that not more was said concerning the potential victims, this simply was not the focus of the interview. Both men focused clearly on the current state of the Church, and the consequences of this event for it. Finally, the performance of Msgr Figueiredo was indeed slick. As appropriate when dealing with the secular press, which has been utterly merciless in exploiting any weakness shown by RC spokespersons.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Desert Daughter:
Innocent until proven (!) guilty.

To borrow from A Man For All Seasons, "the public may reason according to its wits, but [a] court must reason according to the law". There's no reason why the opinions of private individuals must be bound by legal conventions.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by Doublethink:
If the allegations are true, it is quite likely that men who have been the object of sexual interest by the cardinal are less than impressed by the statements he makes about homosexuality. Hypocrisy does tend to seriously piss people off. (bold changed to italics)

I find this quite wrong. Let us assume for the sake of argument that Cardinal O'Brien is a homosexual by some convenient definition. Why would it be hypocrisy for him to speak out against homosexual marriage? Why indeed would it be hypocrisy for him to condemn homosexual activity and consider homosexual orientation as intrinsically disordered? Even if he indeed was celebrating gay sex orgies every day of his life, which he most assuredly was not, the charge of hypocrisy would not necessarily stick. Hypocrisy consists in promoting standards one does not in fact hold, it does not consist in failing to adhere oneself to the standards one promotes. Wikipedia makes this point with a nice quote from Samuel Johnson:
quote:
Nothing is more unjust, however common, than to charge with hypocrisy him that expresses zeal for those virtues which he neglects to practice; since he may be sincerely convinced of the advantages of conquering his passions, without having yet obtained the victory, as a man may be confident of the advantages of a voyage, or a journey, without having courage or industry to undertake it, and may honestly recommend to others, those attempts which he neglects himself.

I am coming to agree with the above.

My initial reaction to the 'story' was to gloat and to quip that those who rant most about something are always the ones who are secretly tempted to it. But later I started to reflect on the Cardinal's good record in speaking up for the poor and other social justice issues.

Andrew Brown, in today's Guardian speaks to me so much that i have put it in my prayer journal:
quote:
Journalists and Guardian readers who never get drunk and have regrettable sexual episodes are entitled to completely unalloyed joy at the spectacle of a moralist revealed as a hypocrite. The rest of us should temper our delight.
He goes on to say that the whole system of celibacy and how those who vowed it were often teenage boys when they entered seminaries results in an immaturity when it comes to Church teaching about sex. And the Cardinal recently questioned the celibacy rule.

I hope that Bishop O'Brien will have more good things to say, less stridently, more pastorally, more gently in years to come, after mature reflection from a position of relative powerlessness.
 
Posted by Doublethink (# 1984) on :
 
The claims may or may not be true, but they are effectively claims of sexual harassment. That is really not the same thing snogging someone at a disco and then regretting it.
 
Posted by Augustine the Aleut (# 1472) on :
 
quote:
Originally posted by Doublethink:
The claims may or may not be true, but they are effectively claims of sexual harassment. That is really not the same thing snogging someone at a disco and then regretting it.

Depends who the snogger might be. If in a position of responsbility and authority with respect to the snoggee, it could be an abuse of power and, in certain circumstances, an offense under the Criminal Code in Canada. Mileage in other jurisdictions may vary.
 
Posted by Louise (# 30) on :
 
I don't know whether Cardinal O'Brien did anything to anyone, but I do know what it's like to be sexually abused by someone much more powerful - 35 years ago in fact - no I don't remember if it was a Tuesday afternoon, but if you want to defend O'Brien by trivialising the entire issue of historic sexual abuse - as your post does Mudfrog (and some of the rest of you come close) then have some concept of what you're doing.

By a combination of circumstances I won't go into, I had the joy of hearing the person who abused me make just the same arguments about how dare those women come forward after all those years about Savile and Stuart Hall and complain about a bit of groping...

No, I didn't speak up. I cringed.

Do you hold forth on these views in real life, Mudfrog? Because I'd like you to think of the people who've been abused sitting in cowed silence around you thinking 'I'd better not say anything.' You don't know who they are, because they don't say anything. They'll just cringe away from you and remember never to trust you with anything of that nature. For every person who speaks up publicly in real life, a lot of people don't.

If you want to know why folk who've been abused can hesitate for years to come forward, you've answered your own question - because of words like yours which imply that what happened to us was nothing and that we're to blame for not thinking it was nothing ( and we're probably making it all up anyway).

You won't meet many cardinals, Mudfrog, but you will meet a lot of people who've been abused and who won't tell you. If I wasn't far away on the other side of a computer screen I wouldn't tell you either.
 
Posted by Mudfrog (# 8116) on :
 
I'm sorry for your experience and I would never want to belittle or trivialise a case where great pain has been caused.

My little scenario at the photocopier was merely written to illustrate the fact that sometimes accusations are made that are unprovable, have no evidence to support them and therefore are impossible for the defendant to refute. And that, I fear, is the problem with some cases and maybe with this particular one with the cardinal.

How do we know that the allegations are true? We seem to have landed in a culture today where all victims who allege sexual abuse must of necessity be telling the truth because the allegation is one of sexual abuse. Once the allegation is made - even if there is no evidence - the alleged perpetrator is ruined. There can be no defence as it is one person's word against another and society now seems to say that a simple unsupported allegation is enough to try, convict and condemn a man and we must always believe the abused victim.

The obvious result of this belief, of never doubting what the victim says, is that without question we must believe the perpetrator to be entirely guilty and worthy of condemnation. To treat him as innocent until proven guilty means that we cannot, will not, believe that the accuser might not be telling the truth.

I believe there were similar cases in the seventeenth century where simply to call a woman a witch was evidence enough and conviction and execution were inevitable.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Mudfrog:
I'm sorry for your experience and I would never want to belittle or trivialise a case where great pain has been caused.

If you would never want to, then why do you? That may sound snarky, but I'm genuinely curious. Why the reflexive victim-blaming?

quote:
Originally posted by Mudfrog:
How do we know that the allegations are true? We seem to have landed in a culture today where all victims who allege sexual abuse must of necessity be telling the truth because the allegation is one of sexual abuse. Once the allegation is made - even if there is no evidence - the alleged perpetrator is ruined. There can be no defence as it is one person's word against another and society now seems to say that a simple unsupported allegation is enough to try, convict and condemn a man and we must always believe the abused victim.

It's interesting that you don't consider testimony by the alleged victims to be "evidence". And given how hard folks like Cardinal Mahony worked to make sure that multiple accusations resulted in as few convictions as possible, what is your basis for claiming that every accused abuser gets convicted?

quote:
Originally posted by Mudfrog:
I believe there were similar cases in the seventeenth century where simply to call a woman a witch was evidence enough and conviction and execution were inevitable.

Again, what are the conviction stats on accused abusers? Well below 100%, I should think. The number is probably even lower for accused abusers who wear clerical collars.
 
Posted by Louise (# 30) on :
 
quote:
Originally posted by Mudfrog:
I'm sorry for your experience and I would never want to belittle or trivialise a case where great pain has been caused.

My little scenario at the photocopier was merely written to illustrate the fact that sometimes accusations are made that are unprovable, have no evidence to support them and therefore are impossible for the defendant to refute. And that, I fear, is the problem with some cases and maybe with this particular one with the cardinal.

How do we know that the allegations are true? We seem to have landed in a culture today where all victims who allege sexual abuse must of necessity be telling the truth because the allegation is one of sexual abuse. Once the allegation is made - even if there is no evidence - the alleged perpetrator is ruined. There can be no defence as it is one person's word against another and society now seems to say that a simple unsupported allegation is enough to try, convict and condemn a man and we must always believe the abused victim.

The obvious result of this belief, of never doubting what the victim says, is that without question we must believe the perpetrator to be entirely guilty and worthy of condemnation. To treat him as innocent until proven guilty means that we cannot, will not, believe that the accuser might not be telling the truth.

I believe there were similar cases in the seventeenth century where simply to call a woman a witch was evidence enough and conviction and execution were inevitable.

If you think you're just neutrally showing that some things are unprovable with that insulting scenario, then you don't know how your words come across. I hope you don't speak like that in real life, and I re-iterate - if you do you're likely leaving an invisible trail of hurt behind you, despite your intentions.

You and I have no idea whether those accusations are unprovable or not - only skeletal details have been released. You have no idea whether they are simply one person's word against another or not. Given that four people are mentioned - there may or may not be patterns, but we don't know as we're not privy to the full evidence. As Trisagion has pointed out, the Catholic Church has a process for investigation (which I believe was overhauled as a result of previous failures) which will presumably be invoked - until that process has time to work, we are in the dark. No one has gone to the police, so no-one is about to be convicted of anything.

Your post uses that nebulous entity and all-round baddy 'Society' to construct a straw-man - this is very handy for speaking in generalities without producing any evidence or testable claims for them, but it won't do.

The fact is that the criminal justice system tests accusations severely - people who come forward have to stand up to rigorous adversarial cross examination as in the case of
Francis Andrade .

The standard for juries is still that cases must be proved beyond reasonable doubt.

In the Savile case, while he was alive police departments, far from taking one persons word for anything- turned people away, not realising that there was a pattern of abuse happening. When the pattern was investigated after his death, there turned out to be witnesses and it was very far from being 'one person's word'.

As it happens I'm an expert on the historical witch-hunt. I wont bore you with acquittal rates as it's not the point. But if you can point me to where people accused of sexual abuse are being stripped naked and sleep-deprived to produce false confessions and pricked with pins to provide false forensic evidence, please let me know as I'll be happy to go round and protest against it. False confessions and false forensics are no more common in these cases than others. ( These days -see below for discussion of Rochdale, to which I could have added the South Ronaldsay case)

It certainly can happen that you get something like a witch-hunt when people suspect someone of paedophilia, throw due process out the window, assume guilt and form a lynch mob. It can also happen that due to a moral panic, dodgy forensic evidence is accepted and more normal standards of evidence are dropped- as in the Rochdale case and its claims about 'anal dilation' and satanic abuse (though thankfully that was later discredited). But this is not the same thing as taking an issue more seriously in the legal system to the point where more cases are brought to trial and investigated carefully and tested in court under normal legal standards of proof and forensic evidence rather than being immediately (and often wrongfully) dismissed out of hand.

The choice isn't between 'never doubting the victim' and making up insulting trivialising scenarios where victims are obviously lying or exaggerating. The choice isn't between 'witch-hunting' and never believing victims. If you think there is something dreadfully wrong on a Rochdale standard with the criminal justice system- by all means show us what it is and link to accurate reports of actual cases where you think there has been wrongful conviction.

Saying it's wrong to assume guilt on the cardinal's part doesn't make trashing the people who've come forward OK. It's perfectly possible to say 'we don't know - we have incomplete information - we hope the processes involved are up to handling matters fairly.' It's wrong to demonise the Cardinal on our skeletal knowledge but it's equally wrong to start attacking those who have come forward and to start attacking all abuse victims with wild scenarios about malevolent denunciations in the pub and equating the mere fact that the issue is being taken more seriously to witch-hunting.

[ 27. February 2013, 00:26: Message edited by: Louise ]
 
Posted by lilBuddha (# 14333) on :
 
What Louise said. Your post seems to indicate a lack of understanding of basic psychology, Mudfrog.

To the OP, there is little doubt Mahony mucked it up big time. If he had any honour, he would stay home. Alas, he will go to Rome.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by lilBuddha:
To the OP, there is little doubt Mahony mucked it up big time. If he had any honour, he would stay home. Alas, he will go to Rome.

Unfortunately, there was never any doubt about that. The only way that person would have staid home is if BXVI had kicked him out of the College of Cardinals, in spite of (as I understand it) no chance of criminal conviction now. And while one can say many good things about Benedict XVI, that's just not his style. Hence I put down Pope Leo XIV as my wishful guess for the next pope. We do need a lion in charge.
 
Posted by Mudfrog (# 8116) on :
 
quote:
Originally posted by Crœsos:


quote:
Originally posted by Mudfrog:
How do we know that the allegations are true? We seem to have landed in a culture today where all victims who allege sexual abuse must of necessity be telling the truth because the allegation is one of sexual abuse. Once the allegation is made - even if there is no evidence - the alleged perpetrator is ruined. There can be no defence as it is one person's word against another and society now seems to say that a simple unsupported allegation is enough to try, convict and condemn a man and we must always believe the abused victim.

It's interesting that you don't consider testimony by the alleged victims to be "evidence".
How can an allegation be 'evidence'?

Evidence is what is given in support of the allegation. Simply to allege a crime has been committed does not constitute evidence that it has actually occured.


At my son's school around 12 years ago, a girl was told off my a male teacher for misbehaving. So she went and told someone that he had touched her up.
it was not true. Had never been true. It was malicious.

He lost his job, his reputation, his health.
He was hated across the entire city.

It later transpired - far too late - that she made it all up simply because she wanted to get back at him for telling her off.

That is what I mean - it's not a trivial scenario like my photocopier one; it is true. Yes, allegations should be treated seriously and yes, alleged victims should be treated with respect, BUT where it is the presence of an allegation that ruins lives, then something is wrong.

It should be the verdict that gives the punishment, not the allegation.

Those accused should be anonymous until brought to trial.
 
Posted by Barnabas62 (# 9110) on :
 
Mudfrog, I think you're confused about the term "evidence".

Of course an allegation of abuse is evidence, if it is made by someone alleging they are a victim. It is direct testimony. What distinguishes it from hearsay is that the witness is testifying to events which they claim to have experienced. They are not passing on something they have heard.

As Louise has observed, such evidence is tested for veracity by investigators and prosecutors before a witness is put on the stand. It is then tested by the defence. The jury weighs the truth of it, with any other evidence, which may include contradictory testimony.

Allegations are evidence for the court to consider for admissibility and the jury to weigh if they are allowed in. They are not proof of guilt.

I know personally both victims of abuse and victims of accusations of abuse which were subsequently found to be untruthful. The truth is that victims in both categories suffer a very great deal. Abuse hurts deeply.

Judicial processes are not perfect. They can be painstakingly slow and the waiting is hard. They can be painful to endure once started. Being cross-examined for veracity in open court can itself be a very painful experience for both the witnesses (accused and accuser) and their families, particularly when giving and hearing accounts of painful experiences.

All that is granted. But judicial processes despite their potential imperfections and great strain, are a heck of a lot better than trial by media or rushing to judgment. Either way.

[ 27. February 2013, 09:30: Message edited by: Barnabas62 ]
 
Posted by Inger (# 15285) on :
 
quote:
Originally posted by Desert Daughter:
Innocent until proven (!) guilty. What's going on here is a disgraceful witch-hunt -and oh, how delicious that the "witch" is a Catholic cardinal... This is libel, pure and simple.

quote:
Originally posted by Mudfrog:


The poor Cardinal in question had only a few weeks left to go until he retired. He is refuting the spiteful allegations and yet still has to go.
(snip)

To bring it all up now just seems spiteful to me.

What seems odd to me is that Desert Daughter and Mudfrog seem unaware that they are just as guilty of judging others without evidence. We don't know if the Cardinal is guilty, and we don't know whether his accusers are telling the truth or not. But surely they deserve the same 'innocent until proven guilty' as the Cardinal.
 
Posted by Hawk (# 14289) on :
 
I agree it's important not to trivialise sexual abuse, or the victims of it. But I think in such staunch defence of the victims of abuse there is a danger in trivialising the victims of false abuse allegations.

The justice system is indeed set up to judge the merits of a case, to provide unbiased, rational analysis, and sound testing. However, it is seriously flawed, and a belief in its ability to not convict innocent people is both naive and dangerous.

Unfortunately it is true that often the police will persue a sexual abuse case with special fervour to bring it to court, based solely on one person's word and no other evidence. The prosecutorial system works to hide any inconsistency or holes in the accuser's testimony in order to create the best case possible. It is up to the defence to try and argue against this case that has been constructed, and if they aren't as good as the prosecution then inconsistencies won't be uncovered.

It is also true that the jury system is massively weighted in favour of the prosecution in these cases. A little child's testimony of abuse is believed far, far more than an adults' defence, no matter the merits of each testimony.

And it is true that victims of abuse allegations are publically shamed, whether innocent or not, while accusers hide behind anonymity.

For someone accused of a sexual crime they didn't commit the cards are hugely against them from the start. I know of a case where an innocent man was advised by his solicitor to plead guilty to try and get a lesser sentence. Even though it was just his word against the child's, with no other evidence, it was considered so likely that the court would be sympathetic to the child that it was too dangerous to attempt a defence.

I suspect this happens more often than most people can imagine. There are some crimes that are so terrible that even being suspected of it is a crime in itself. False allegation of abuse is a secret crime that carries on with little reporting. The accusers are never named in the media, or prosecuted for ruining, or trying to ruin a person's life. The accused, who are shamed and often still considered guilty by colleagues and neighbours, are unlikely to speak out publically and just want to hide away. If they say they didn't do it, no one beleives them. If they aren't convicted most people consider it was only due to lack of evidence rather than innocence. Read some of the threads in this forum for a snapshot of what these victims are going through.
 
Posted by Barnabas62 (# 9110) on :
 
Lots of assertions and surmises there, Hawk. Is there evidence to back them up? Is the ratio of prosecutions to convictions significantly different from other kinds of cases? Is there UK evidence that there are unusual perjury rates in these kinds of cases. Is there evidence of CPS misconduct in these kinds of cases. What is the rate of overturn on appeal?

I can't find much evidence for the UK via Google - at least not yet.

Here is some information from the US. And here is the home page for the source website. I'd not heard of it before but I note that it has Erin Pizzey down as keynote speaker at a conference, which provides some assurance that it is not a one-eyed "axe to grind" site.

[ 27. February 2013, 13:03: Message edited by: Barnabas62 ]
 
Posted by lilBuddha (# 14333) on :
 
Originally posted by Hawk
quote:
Unfortunately it is true that often the police will persue a sexual abuse case with special fervour to bring it to court, based solely on one person's word and no other evidence.
Unfortunately it is also true that the police will ignore complaints of abuse and the investigation will never begin.
 
Posted by Mudfrog (# 8116) on :
 
Hmmm, so no comment on the poor teacher who lost everything because the accusation was treated as evidence that abuse actually happened even though there was no proof.

As far as I am concerned, this provides a definition that I am happy to work with and stand by:

quote:
An allegation is a statement or claim of a fact by a party in a pleading, which the party claims to be able to prove. Allegations remain assertions without proof, until they can be proved.

Evidence is anything that serves towards showing any statement about reality to be true or false.

Therefore, evidence is required in order to prove an allegation. The allegation is not evidence. it requires evidence.
 
Posted by hatless (# 3365) on :
 
So if two people witness a crime, their testimonies are both evidence? But if one of them alleges a crime has been committed, then that person's testimony is no longer evidence?

What if twenty people witness a crime and all bring a joint allegation? Is there now no evidence?

[ 27. February 2013, 16:24: Message edited by: hatless ]
 
Posted by Mudfrog (# 8116) on :
 
witness testimony is part of the evidence. Your word against mine needs evidence.
 
Posted by Mudfrog (# 8116) on :
 
quote:
Direct or Indirect Evidence

Direct evidence supports the truth of an assertion directly without the need for inference. i.e. when an event is seen.

Indirect (or circumstantial) evidence is where the available pieces of evidence must be brought together sufficient to infer a fact.

In law the term "sufficient" may mean "beyond reasonable doubt" or "on the balance of probabilities" dependent on the circumstances of the case. An explanation involving circumstantial evidence becomes more valid as proof of a fact when the alternative explanations have been ruled out.

In science the term "sufficient" may mean when things are observed to be a particular way many times without exeption.


 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Mudfrog:
witness testimony is part of the evidence. Your word against mine needs evidence.

So if A testifies he witnessed B committing robbery that's evidence, but if B testifies that he didn't then A's testimony isn't evidence anymore? That seems very convoluted.
 
Posted by Bostonman (# 17108) on :
 
On the topic of hypocrisy, I was catching up on some daily lectionary reading and stumbled across Romans 2:1-11, which includes the lines:
quote:
You say, “We know that God’s judgment on those who do such things is in accordance with truth.” Do you imagine, whoever you are, that when you judge those who do such things and yet do them yourself, you will escape the judgment of God?
At least for St. Paul the relevant definition seems to be judging people for something which one does oneself, not judging people for something one secretly doesn't think is that bad.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Mudfrog:
Hmmm, so no comment on the poor teacher who lost everything because the accusation was treated as evidence that abuse actually happened even though there was no proof.

Bloody Hell, of course this is a bad thing! It does not follow that allegations should not be treated seriously.
Accusation =\= guilt
Acquittal =\= innocence
Guilty Verdict =/= proof of commission of crime
There are a lot of inadequacies in our justice systems. Bad outcomes will happen, the work is making sure they do not predominate.
 
Posted by Barnabas62 (# 9110) on :
 
We're way away from Cardinals and Conclaves, but it's an interesting tangent and it may lead back to them.

Mudfrog, I guess you can define evidence any way you like and make that your own understanding. Your understanding does not match up to the one used in the UK legal system. What constitutes evidence in UK courts includes testimony given under oath. ("Given under oath" is of course significant; liars who get found out are then subject to punishment for perjury, and that has certainly happened in false accusation cases in the UK).

Put simply, I think you're mixing up evidence and independent corroboration.
 
Posted by Hawk (# 14289) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Mudfrog:
witness testimony is part of the evidence. Your word against mine needs evidence.

So if A testifies he witnessed B committing robbery that's evidence, but if B testifies that he didn't then A's testimony isn't evidence anymore? That seems very convoluted.
I would imagine Mudfrog means that if I say you did something and you deny it, then our contradicting statements should cancel each other out since everyone is equal before the law and my testimony should carry equal weight to yours. Therefore further corroboration is needed from other sources.
 
Posted by Hawk (# 14289) on :
 
quote:
Originally posted by Barnabas62:
Lots of assertions and surmises there, Hawk. Is there evidence to back them up?

No. Just my personal opinion based on what I've read and heard from others.
 
Posted by Doublethink (# 1984) on :
 
There is a fairly big mismatch between the amount of unwanted sexual contact reported in victim studies like the British Crime Survey - and actual convictions for such offenses. It is also extremely difficult to prove sexual harrassment. Though employment standards are generally "the balance of probability" (mirroring the civil system) rather than "beyond reasonable doubt" which would be the criminal level of proof.

Likewise it is quite possible to have your children on the at risk register for suspected abuse for years - without ever being convicted of a criminal offense. Indeed I think it is fair to say, that most parents suspected of abusing their children, are never arrested let alone charged. Conversely, it is possible to lose custody of your children without ever being convicted of a criminal offense either - though it is a lot less common than the press would have you believe. It is extremely difficult to take action on the basis of emotional abuse - physical abuse and neglect are generally the easiest to prove.

Here is some data regarding rape - one of the more clear cut offenses you'd think.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Mudfrog:
Those accused should be anonymous until brought to trial.

So you're suggesting that a branch of the police be allowed to operate in secret, its activities hidden from the public? What could possibly go wrong?

Creepy ideas about anonymous detention and secret police aside, isn't keeping abuse allegations secret and concealing the identities of alleged abusers how Cardinal Mahony got in trouble in the first place? Maintaining a code of omertà and forbidding accusers from speaking publicly doesn't have a very good track record in this area.
 
Posted by Barnabas62 (# 9110) on :
 
Maybe we can bring those two threads of the tangent together?

Hawk, here's a thing. A jury may have to consider two bits of evidence. Testimony from the alleged victim about the alleged offence for which the accused is being tried. Testimony from the accused which contradicts the testimony of the victim. Both testimonies, the allegation and the denial constitute evidence which is both presented and tested by cross-examination. Both are evidence for the jury to consider, since both are presented under oath. What you can't say is that neither constitutes evidence. What you can say is that if that is all there is, and the testimonies stand up under cross-examination, then an acquittal is very likely, since there must be reasonable doubt.

In the absence of corroborative evidence of some kind, it is unlikely that the CPS would bring such a case.

And that seems to explain such data as I've seen. A low proportion of cases come to trial because there is insufficient corroboration to justify a case being made. So when cases come to trial, then in general there will be some corroboration of the allegation by the victim. All other things being equal, the quality of the corroboration will determine the outcome.

I've only pressed the point because Mudfrog seemed to be denying that an allegation by a victim constituted evidence. Evidence insufficient to justify a conviction or even a prosecution is still evidence.

Personally, I've never heard of a conviction for a sexual offence against a child or an adult where there was no corroborative evidence brought. In the cases of the false allegations which I know about, they never came to court but there was a substantial period during which the accused people's lives were under various clouds; suspension, restricted access to their children, etc.

All I'm really arguing is don't rush to judgment, either about accusers or accused. Let due process take its course. The issue of what constitutes evidence seems to me to have been a confusion over the meaning of words.
 
Posted by the giant cheeseburger (# 10942) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Mudfrog:
Those accused should be anonymous until brought to trial.

So you're suggesting that a branch of the police be allowed to operate in secret, its activities hidden from the public? What could possibly go wrong?
An order of a judge to restrict the media from publishing the name of an accused person (commonly called a suppression order in Australia) does not create a secret police or restrict the media from publishing all other facts related to the case. Indeed, if the media are playing the ball and not the woman/man, i.e. making balanced reports based on the progression of the case rather than stirring up moral panic and newspaper sales with it, it shouldn't make a difference other than writing "the unnamed defendant" or "the defendant, who cannot be named for legal reasons" instead of "Jill/Joe Bloggs."

A suppression order is about keeping the trial process clean of media influence, and unfortunately it is necessary for the judiciary to enforce them because the 'old' system of trusting the media to report fairly didn't work. They also exist for other reasons, for example when a defendant or witness is under the age of 18 or also a party in other ongoing investigations/trials.

There's also an element of fairness in it when there's a case where the alleged victim's identity is suppressed. Without the accuser's name being public, there's no chance of anybody coming forward with information which disproves the allegation, for example if the accuser was in a completely different city at the time of the alleged offence. The defendant should have the same protection from people coming forward with information (which may or may not have any truth to it) based on their name being published in the press.

quote:
Originally posted by Crœsos:
Creepy ideas about anonymous detention and secret police aside, isn't keeping abuse allegations secret and concealing the identities of alleged abusers how Cardinal Mahony got in trouble in the first place? Maintaining a code of omertà and forbidding accusers from speaking publicly doesn't have a very good track record in this area.

The problem is not one of secrecy, it's about not reporting those allegations to the competent authorities - the police.

People speaking out in public against others who have not been proven guilty of a crime doesn't help anybody.

[ 28. February 2013, 04:59: Message edited by: the giant cheeseburger ]
 
Posted by american piskie (# 593) on :
 
quote:
Originally posted by Barnabas62:


All I'm really arguing is don't rush to judgment, either about accusers or accused. Let due process take its course.

I can't be alone in doubting whether Cardinal O'Brien can now receive any sort of "due process". I suppose he can plead autrefois convict, citing the decisions of the Head of a certain autocratic State, though.

I probably am alone in thinking that the point of the precipitate action taken by the said Authority may have been to short-circuit any external scrutiny. A sort of Benefit of Cardinals.
 
Posted by Matt Black (# 2210) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Mudfrog:
Those accused should be anonymous until brought to trial.

So you're suggesting that a branch of the police be allowed to operate in secret, its activities hidden from the public? What could possibly go wrong?


I really don't follow your logic here: how on earth do you quantum leap from accusées (or victims for that matter) being anonymous to the Gestapo or NKVD? IIRC, we used to have anonymity for both victims and accused in rape trials in the UK without HM Constabulary assuming Stasi-like qualities.
 
Posted by Barnabas62 (# 9110) on :
 
The problem is, Matt, that from the POV of "fair trial", current standards of behaviour by some of the media poison so many wells. In practice, one wonders just how many jurors take their oath of office with their minds at least partly made up by advance publicity. No matter what exhortations they receive.

It happened many years ago, so I feel I can pass this on. I experienced some of that pre-judging from other jurors in the one jury case I sat on. It involved an allegation of abuse of a child by the child's mother and there had been a lot of prior press coverage. I cannot help but feel that if the trial took place today, there would be even more advance coverage and it would be more lurid.

TBH, my own view about the "oxygen of publicity" is pretty ambivalent. In principle I'm uncomfortable about both media regulation and the way the media mess up the possibilities of fair treatment for accused people. Basically, because the media are, for all sorts of reasons, not subject to the same standards of evidence-testing which apply in courts, and also are in the business of selling their services, they can screw up the truth of things while proclaiming that they exist to make sure that the truth will out.

But I don't think all journalism, all media outlets, have sleazy standards. I guess, like many of us, I pick and choose what to read on the basis of how much trust I have in the integrity of the outfit. On the whole, I'm happier with a free press than without one. That doesn't mean I have to like the way all outfits go about their business, nor that I'm blind to the damage they do by irresponsible reporting.

It's not clear to me that there are any grounds for legal proceedings against the Cardinals named in these threads, but I'm inclined to agree with american piskie about well-poisoning. On the other hand, serious investigative journalism has often done a good job in getting the truth of systematic abuse "out there".

So it's a conundrum of our times, I reckon. Trial by media is not fair. It is safer than lynch-mob rule, but it does seem to play on that instinctive relationship between revulsion and the pressure for quick social revenge on perpetrators which can produce "mob law". It can all too easily pander to base instincts while reinforcing self-righteousness. That sort of pandering is pretty dangerous, and not just to the exercise of justice.

[ 28. February 2013, 09:56: Message edited by: Barnabas62 ]
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by the giant cheeseburger:
An order of a judge to restrict the media from publishing the name of an accused person (commonly called a suppression order in Australia) does not create a secret police or restrict the media from publishing all other facts related to the case. Indeed, if the media are playing the ball and not the woman/man, i.e. making balanced reports based on the progression of the case rather than stirring up moral panic and newspaper sales with it, it shouldn't make a difference other than writing "the unnamed defendant" or "the defendant, who cannot be named for legal reasons" instead of "Jill/Joe Bloggs."

A suppression order is about keeping the trial process clean of media influence, and unfortunately it is necessary for the judiciary to enforce them because the 'old' system of trusting the media to report fairly didn't work. They also exist for other reasons, for example when a defendant or witness is under the age of 18 or also a party in other ongoing investigations/trials.

There's also an element of fairness in it when there's a case where the alleged victim's identity is suppressed. Without the accuser's name being public, there's no chance of anybody coming forward with information which disproves the allegation, for example if the accuser was in a completely different city at the time of the alleged offence. The defendant should have the same protection from people coming forward with information (which may or may not have any truth to it) based on their name being published in the press.

There is also the effect of publicity on the reputation of the falsely-accused, especially in the days of Google. Many employers google job applicants, and if they see that someone has been accused of rape, they automatically cross that applicant off their list. They don't bother to look into the facts of the case.

Moo
 
Posted by Mudfrog (# 8116) on :
 
quote:
Originally posted by Hawk:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Mudfrog:
witness testimony is part of the evidence. Your word against mine needs evidence.

So if A testifies he witnessed B committing robbery that's evidence, but if B testifies that he didn't then A's testimony isn't evidence anymore? That seems very convoluted.
I would imagine Mudfrog means that if I say you did something and you deny it, then our contradicting statements should cancel each other out since everyone is equal before the law and my testimony should carry equal weight to yours. Therefore further corroboration is needed from other sources.
Indeed. In a court of law, if accuser A stands before a judge and says, 'B hit me', the judge cannot take that accusation as evidence (it's only an allegation) he must say to A 'can you prove it?' If A can produce witness C who saw it all happen, then that is evidence and it's up to the judge (and maybe a jury) to decide if the evidence can convict defendant B beyond reasonable doubt.
 
Posted by Barnabas62 (# 9110) on :
 
quote:
Originally posted by Mudfrog:
In a court of law, if accuser A stands before a judge and says, 'B hit me', the judge cannot take that accusation as evidence (it's only an allegation) he must say to A 'can you prove it?'

[Help] [brick wall]

One last try, Mudfrog, and then I must leave you with your blind spot.

What does the oath say?

'I swear that the evidence I shall give will be the truth, the whole truth and nothing but the truth.'

What on earth makes you think that allegations made under oath are excluded from the category of evidence? Where would that leave the perjury law? Perjury is punishment for false witness precisely because that false witness has been presented as evidence under oath in support of a conviction (or acquittal).

Judges in the UK system do not question the witness as to whether statements made under oath and presented as evidence can be corroborated. Corroborative evidence is a matter for the prosecution, and any cross examination about it is a matter for the defence. The judge rules on the admissibility and presentation of evidence under the laws governing the rules of evidence. The jury weigh the evidence. That's the way it works.

This is jurisprudence 101, Mudfrog, not rocket science.

[ 28. February 2013, 13:06: Message edited by: Barnabas62 ]
 
Posted by Jon in the Nati (# 15849) on :
 
If there is no corroboration* for the statements of both the Victim/Plaintiff or the Defendant (i.e., a he-said-he-said situation), then it is entrusted to the jury or judge, in their roles as finders of fact, to determine who is more credible. This happens all the time.

*Assuming, of course, that the plaintiff can (despite lack of corroborating evidence) plead facts that, if true, would constitute a claim and create triable issues of material fact; this is the standard most US jurisdictions for even getting a case in front of a jury.
 
Posted by Mudfrog (# 8116) on :
 
I actually thought that it would only go to court iof the crown prosecution service believed there was enough evidence. i can't see any case coming to trial where simply the accusers says 'B hit me' with no other witnesses or corroborative evidence.

And that is another reason in my book why people who are arrested or accused of a crime - especially a sexual crime, should not have their names released to the media until charges are actually brought.

This already happens in numerous occasions when the news reporter says, the name of the man arrested hasn't been released 'for legal reasons.'

Too many people have had their lives blighted by accusations, even if that accusation has never made it to court.
Mud sticks.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by the giant cheeseburger:
People speaking out in public against others who have not been proven guilty of a crime doesn't help anybody.

Using the law to silence victims seems even less helpful.

quote:
Originally posted by Matt Black:
I really don't follow your logic here: how on earth do you quantum leap from accusées (or victims for that matter) being anonymous to the Gestapo or NKVD?

If police are allowed to detain alleged criminals without bail (say they're considered a flight risk or a danger to the public or any of the other reasons defendants are denied bail) and the police are barred from publicly disclosing any information about the case prior to trial, doesn't that effectively give police the power to "disappear" people? After all, wouldn't the proposed system of anonymity prevent the police from disclosing that they're holding the suspect?
 
Posted by Louise (# 30) on :
 
This PDF is The Stern Review "A report by Baroness Vivien Stern of an independent review into how rape complaints are handled by Public authorities in England and Wales.

In it she notes -

quote:
The British Crime Survey is a study carried out each year based on interviews with 46,000 people over16 years of age. Over 23,000 people were asked questions on intimate violence. The results from this survey suggest that 11 per cent of those who have been raped tell the police about it.
Some thing like 89% - about nine tenths of rapes go unreported - and that's just for rape. It's a massively under-reported crime. Under-reporting for men who are raped or sexually abused may be even greater.

On the subject of false accusations she notes that

quote:
It is not possible to establish an exact figure and the research that is available gives a wide range of suggested percentages. Some research suggests that a figure of eight to ten per cent of reported rapes could well be false reports.33

However, those we spoke to in the system felt that there were very few. A Crown Prosecution Service (CPS)lawyer told us,‘They are extremely rare. I have been prosecuting for 20 years, and have prosecuted for a false allegation once.’ The judges we talked to said these cases occur very infrequently. An experienced police officer had come across two such cases in15 years.

She notes in a box the Court of Appeals statement on one of those rare cases

quote:
Prison ‘inevitable’ for false rape claims
(30 October 2009)

which makes clear that such cases are treated with severity - and quite rightly so.

With regard to historic abuse cases, you can see in this Crown Prosecution document here that the court of appeals will reject cases where it thinks a fair trial cannot be had.

With regard to teachers -


quote:
The Education Act 2011 contains measures to
introduce reporting restrictions preventing the publication of a teacher’s identity when accused by, or on behalf of, a pupil until the point that they are charged with an offence or
until the Secretary of State or the General Teaching Council for Wales publishes information about an investigation or decision in a disciplinary case arising from the allegation. Restrictions would also lift if the individual to whom the restrictions apply publicly put forward their side ofthe story or gave their written consent for another to do so.

Department of Education PDF Allegations of abuse against teachers and non-teaching staff

Again good - and this applies to all sorts of abuse - claims that he hit me or called me a nasty name etc.

This paper puts the rate of deliberate malicious accusations against teachers (covering all sorts of abuse) reported to Local Authority Designated Officers at 2%. Though due to problems with labelling it could be a bit higher.

So let's recap - probably something like 9 out of ten cases of rape never mind other forms fo sexual abuse) will never be reported to the police. No justice for 89% of rape victims even before we start the legal process.

Of those cases which go to trial people in legal system report that it's extremely rare to see a false report come that far - let alone end in conviction. And when such cases are detected the person who made the false report goes to jail.

Yet here we are in an undecided case where an abuse report has been made and it's being used to attack people reporting abuse in general.

We are in a position where probably 89% of rape survivors don't even seek justice, because it's so difficult, shaming and traumatic for people to come forward (and it's likely much harder for men and certainly much harder for children to come forward), but apparently that's not enough for some people, they'd like to claim the real problem here is false accusations and not enough is being done about that, because obviously abuse and rape survivors are too easily believed already!

This thread has cost me a lot of effort to stay visible and stay posting and to keep to my normal standards. I do so because every time a discussion of abuse is taken over by people who want only to talk about false accusation, people who have genuinely been abused can become more reticent and reluctant to speak up, to seek help, to seek justice. Those who have suffered the worst abuse often will do anything rather than talk about it because it's so costly in mental health to them. It's easy to stay invisible and let others create an even more hostile public arena where people are even more scared to come forward.


If we spoke about things in proportion, even if we took the worst case scenario and took that uncertain 8-10% figure of possible false reports, those who want to talk about false accusation would for every post on that, write at least nine of the same length talking about the problem of genuine sexual abuse reports and under-reporting and the devastating damage that rape and sexual abuse do to people's lives. I've already been careful to examine cases where there were miscarriages of justice. I look forward to other posters getting busy and doing something more than the odd sentence of throwaway boiler-plate before vividly attacking people who come forward to report abuse.
 
Posted by Honest Ron Bacardi (# 38) on :
 
Barnabas62 wrote:
quote:
Judges in the UK system do not question the witness as to whether statements made under oath and presented as evidence can be corroborated. Corroborative evidence is a matter for the prosecution, and any cross examination about it is a matter for the defence. The judge rules on the admissibility and presentation of evidence under the laws governing the rules of evidence. The jury weigh the evidence. That's the way it works.

This is jurisprudence 101, Mudfrog, not rocket science.

I don't think that's exactly true, B62. The law of evidence is one of the big differences between the Scottish and the English legal systems. In the Scottish system, uncorroborated statements on essential points in criminal trials will get disallowed as evidence by the judge. Though I think what you say holds true for England, and in any event it is not a point to concern a witness. I've no idea what the position is in other judicial environments.
 
Posted by Matt Black (# 2210) on :
 
quote:
Originally posted by Crœsos:

quote:
Originally posted by Matt Black:
I really don't follow your logic here: how on earth do you quantum leap from accusées (or victims for that matter) being anonymous to the Gestapo or NKVD?

If police are allowed to detain alleged criminals without bail (say they're considered a flight risk or a danger to the public or any of the other reasons defendants are denied bail) and the police are barred from publicly disclosing any information about the case prior to trial, doesn't that effectively give police the power to "disappear" people? After all, wouldn't the proposed system of anonymity prevent the police from disclosing that they're holding the suspect?
Like I said, we had anonymity for those accused of rape before, and it didn't result in your fears coming to fruition; there was nothing to stop the accused persons waiving their anonymity and they were still entitled to full legal protection eg: access to a lawyer, so I still don't see what your problem is.
 
Posted by the giant cheeseburger (# 10942) on :
 
quote:
Originally posted by Matt Black:
quote:
Originally posted by Crœsos:

quote:
Originally posted by Matt Black:
I really don't follow your logic here: how on earth do you quantum leap from accusées (or victims for that matter) being anonymous to the Gestapo or NKVD?

If police are allowed to detain alleged criminals without bail (say they're considered a flight risk or a danger to the public or any of the other reasons defendants are denied bail) and the police are barred from publicly disclosing any information about the case prior to trial, doesn't that effectively give police the power to "disappear" people? After all, wouldn't the proposed system of anonymity prevent the police from disclosing that they're holding the suspect?
Like I said, we had anonymity for those accused of rape before, and it didn't result in your fears coming to fruition; there was nothing to stop the accused persons waiving their anonymity and they were still entitled to full legal protection eg: access to a lawyer, so I still don't see what your problem is.
True. If an alleged suspect gets successfully "disappeared" from under the nose of their own lawyer and the judiciary, do you really think the media could possibly do any good?

Even if that did happen and the media did get hold of it before the suspect's lawyer or a judge, I think the average judiciary would be a little more interested in the disappearance of a suspect than a suppression order being breached.

Or to attack it from the other angle - if the police and judiciary are so corrupt that suspects are being "disappeared" I don't think the situation will be changed much by some reports in the media.
 
Posted by Barnabas62 (# 9110) on :
 
Thanks, Honest Ron. The Scottish dimension was news to me. I knew Mudfrog was based in Newcastle on Tyne, so thought we would be talking English Law.

I checked here. Clearly the judge has freedom to lay down the law over uncorroborated evidence on a major point. Whether he does that at the time, or it's a pre-trail issue, or he deals with it in his summing up, probably depends on the circumstances.

Uncorroborated statements are still evidence. It's just the rules of admissibility which are different. Inadmissible evidence is still a category of evidence. Later corroboration may enable its admission if a case has been delayed.

(As an 'left field' aside, I saw "Inadmissible Evidence" by John Osborne in the 1960's in London. A truly memorable acting tour de force by Nicol Williamson, as the seedy and breaking-down lawyer Bill Maitland.)
 
Posted by lilBuddha (# 14333) on :
 
Originally posted by Louise:
quote:
We are in a position where probably 89% of rape survivors don't even seek justice, because it's so difficult, shaming and traumatic for people to come forward (and it's likely much harder for men and certainly much harder for children to come forward), but apparently that's not enough for some people, they'd like to claim the real problem here is false accusations and not enough is being done about that, because obviously abuse and rape survivors are too easily believed already!

This thread has cost me a lot of effort to stay visible and stay posting and to keep to my normal standards. I do so because every time a discussion of abuse is taken over by people who want only to talk about false accusation, people who have genuinely been abused can become more reticent and reluctant to speak up, to seek help, to seek justice. Those who have suffered the worst abuse often will do anything rather than talk about it because it's so costly in mental health to them. It's easy to stay invisible and let others create an even more hostile public arena where people are even more scared to come forward.

bold mine

This. The difficulty, the trauma, faced on an anonymous website and some of you cannot imagine what it is to face all this in person. It is exponentially more difficult and does not go away with the closing of a thread.
 
Posted by Doublethink (# 1984) on :
 
This seems pertinent to the kind of allegations being made against the Cardinal.
 
Posted by Robert Armin (# 182) on :
 
Louise, I'm not around much at the moment but [Votive] and ((( ))). And [Votive] for all victims of abuse; whether they decide to report it or not.
 
Posted by Honest Ron Bacardi (# 38) on :
 
Yes, I agree that admissibility in court is a better way of looking at it, Barnabas62.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by lilBuddha:
This. The difficulty, the trauma, faced on an anonymous website and some of you cannot imagine what it is to face all this in person. It is exponentially more difficult and does not go away with the closing of a thread.

Yes. Another (non-clergy) childhood sexual abuse survivor here. I haven't said much, this time around, because getting personal would tear open a bunch of stuff--and right now, I'd rather not.


Re false allegations:

Would those of you who doubt the reality or extent of childhood sexual abuse (whether religious or otherwise) please consider this: if there were a group of people who were accused of theft and claimed innocence, would you assume they were all innocent?

For general reading:

--"Survivor Prayers", by Rev. Catherine Foote. (She's a survivor. I met her once; very cool.) Some of it is specifically about clergy abuse.

--"The Courage To Heal: For Women Survivors Of Childhood Sexual Abuse", by Ellen Bass and Laura Davis.

--"Victims No Longer", by Mike Lew. This was the first book for men, AFAIK. There are probably many others now.
 
Posted by Hawk (# 14289) on :
 
quote:
Originally posted by Golden Key:
Re false allegations:

Would those of you who doubt the reality or extent of childhood sexual abuse (whether religious or otherwise) please consider this: if there were a group of people who were accused of theft and claimed innocence, would you assume they were all innocent?

I don't know about others, but I only raised false allegations here because I am aware of it as a serious problem for many people. I do not think that this means that sexual abuse and under-reporting and under-conviction of it is not a problem either. I think it is a massive and terrible problem and I certainly don't wish to give any impression otherwise.

I am only saying that the size of the abuse problem, vast and terrifying as it is, should not blind us to the smaller, but no less real problem beside it.

The low statistics from the courts for those convicted of false allegations are not the whole story by any means. There are innocent people whose cases were thrown out of court before trial who still suffered and still suffer under the stigma of the accusation. There are innocent people in prison today, who have lost everything because a jury did not believe their denials.

Under-reporting and under-conviction of abuse is too high, and there needs to be serious discussion and fervent action about how this can be improved. I agree that everyone should know about this and work hard to raise awareness, and I have great respect for you and Louise for your posts on this subject.

However, I do not think that raising awareness and combating this issue should involve ignoring, or delegitimising the victims of false allegations. Or even claiming that the numbers of such innocent victims are too small and not worth worrying about, or implying that they are a necessary collatoral damage in order to get more convictions.

[Votive] For you, and Louise, and [Votive] for all victims of abuse and all victims of false allegations.

And in response to your specific question Golden Key. I would try my best to assume the accused thieves were innocent, and treat them as such, until they were proven guilty.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Hawk:
I don't know about others, but I only raised false allegations here because I am aware of it as a serious problem for many people. I do not think that this means that sexual abuse and under-reporting and under-conviction of it is not a problem either. I think it is a massive and terrible problem and I certainly don't wish to give any impression otherwise.

I am only saying that the size of the abuse problem, vast and terrifying as it is, should not blind us to the smaller, but no less real problem beside it.

The low statistics from the courts for those convicted of false allegations are not the whole story by any means. There are innocent people whose cases were thrown out of court before trial who still suffered and still suffer under the stigma of the accusation. There are innocent people in prison today, who have lost everything because a jury did not believe their denials.

Under-reporting and under-conviction of abuse is too high, and there needs to be serious discussion and fervent action about how this can be improved. I agree that everyone should know about this and work hard to raise awareness, and I have great respect for you and Louise for your posts on this subject.

However, I do not think that raising awareness and combating this issue should involve ignoring, or delegitimising the victims of false allegations. Or even claiming that the numbers of such innocent victims are too small and not worth worrying about, or implying that they are a necessary collatoral damage in order to get more convictions.

Even when the charges have been disproved, the falsely-accused are still at a disadvantage. As I mentioned earlier, many potential employers google all job applicants, and the fact that someone has been accused of rape automatically disqualifies them. The employer does not take the time and effort to research the matter.

Several years ago a student at Hofstra University made a false rape accusation. The charge was disproved because one of the men involved had taken pictures with his cell phone; these pictures showed that the sexual activity was consensual. It is quite possible that without these pictures the men would have been tried, convicted, and sentenced to prison. Apparently the woman's motive for making the accusation was that she didn't want her boyfriend to find our what she had been up to.

Some of the accused men were Hispanic, which makes it likely that they did not have perfect mastery of standard English. This would make it harder for them to get well-paying jobs. If you put the rape accusation on top of that, their chances of getting good jobs would be extremely slim.

Rape is a heinous crime which is seriously under-reported. The number of false accusations is much smaller. However sending someone to prison for years for a non-existent crime is still very wrong.

Moo
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Moo:
Even when the charges have been disproved, the falsely-accused are still at a disadvantage. As I mentioned earlier, many potential employers google all job applicants, and the fact that someone has been accused of rape automatically disqualifies them. The employer does not take the time and effort to research the matter.

Whereas they'll just shrug it off if an applicant has been accused of embezzlement? That seems unlikely.

I can't help but notice that although it's possible for false accusation to occur for any crime certain people only get upset about it in cases of rape or sexual abuse, where the accused are predominantly men and the accusers are predominantly women. To what extent does requiring an extra level of scrutiny for this particular class of offense feed off the stereotype of women as dishonest connivers?
 
Posted by Hawk (# 14289) on :
 
quote:
Originally posted by Crœsos:
quote:
Originally posted by Moo:
Even when the charges have been disproved, the falsely-accused are still at a disadvantage. As I mentioned earlier, many potential employers google all job applicants, and the fact that someone has been accused of rape automatically disqualifies them. The employer does not take the time and effort to research the matter.

Whereas they'll just shrug it off if an applicant has been accused of embezzlement? That seems unlikely.

I can't help but notice that although it's possible for false accusation to occur for any crime certain people only get upset about it in cases of rape or sexual abuse, where the accused are predominantly men and the accusers are predominantly women. To what extent does requiring an extra level of scrutiny for this particular class of offense feed off the stereotype of women as dishonest connivers?

No, its because being accused of sexual abuse is far more stigmatising in society than being accused of embezzlement.

I'd have thought that was obvious. There's really no need to try and paint everyone who stands up for the victims of false allegations as sexist. I don't think that was called for at all. [Roll Eyes]
 
Posted by Moo (# 107) on :
 
Croesos, do you believe that the media should not have reported the Hofstra case?

Moo
 
Posted by argona (# 14037) on :
 
O'brien's admission http://www.guardian.co.uk/world/2013/mar/03/cardinal-keith-obrien-admits-sexual-misconduct
 
Posted by Doublethink (# 1984) on :
 
The BBC are running this.

quote:
The statement issued through the Roman Catholic Church in Scotland read: "In recent days certain allegations which have been made against me have become public. Initially, their anonymous and non-specific nature led me to contest them.

"However, I wish to take this opportunity to admit that there have been times that my sexual conduct has fallen below the standards expected of me as a priest, archbishop and cardinal.

"To those I have offended, I apologise and ask forgiveness. To the Catholic Church and people of Scotland, I also apologise.

"I will now spend the rest of my life in retirement. I will play no further part in the public life of the Catholic Church in Scotland."

I can respect that.
 
Posted by Louise (# 30) on :
 
Just to add to information - this link in The Scotsman adds some relevant details. There was apparently a fifth complaint (which was actually the first one) made in October.

quote:
The Vatican knew of allegations against Cardinal Keith O’Brien five months ago, it was claimed today.

Reports said a priest lodged a complaint in October about “inappropriate behaviour” by the former Archbishop of St Andrews and Edinburgh in 2001.

quote:
One source was quoted saying: “Lots of people are pillorying the four priests whose cases came out at the weekend, but this is the context.

“It gave them the confidence that they would be heard. It started people talking and it gave them the confidence. It took someone to put his head above the parapet.”


 
Posted by lowlands_boy (# 12497) on :
 
Have just been watching the ITV News at 10 here in the UK (although I usually prefer the BBC). Their Scotland reporter was explaining that Cardianl O'Brien wouldn't be participating in the Conclave after his resignation, and said

"he could conceivably have been elected Pope himself"

Hmmm - was he really a contender I wonder....
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Hawk:
quote:
Originally posted by Crœsos:
quote:
Originally posted by Moo:
Even when the charges have been disproved, the falsely-accused are still at a disadvantage. As I mentioned earlier, many potential employers google all job applicants, and the fact that someone has been accused of rape automatically disqualifies them. The employer does not take the time and effort to research the matter.

Whereas they'll just shrug it off if an applicant has been accused of embezzlement? That seems unlikely.
No, its because being accused of sexual abuse is far more stigmatising in society than being accused of embezzlement.

I'd have thought that was obvious.

That's not at all obvious in a job application situation, which was moo's stipulated example. If the various recent child abuse scandals have taught us anything it's that employers are a lot more forgiving of child rape than they are towards someone caught with their hand in the till.

quote:
Originally posted by Hawk:
There's really no need to try and paint everyone who stands up for the victims of false allegations as sexist. I don't think that was called for at all. [Roll Eyes]

Except you're not standing up "for the victims of false allegations", your standing up "for a very specific subset of the victims of a particular type of false accusation", that a special level of scrutiny should be applied to certain accusers that isn't applied to those reporting accusations of theft or attempted murder (for example). This only really makes sense if you believe accusations are significantly more likely to be false when coming from the kinds of people most likely to report sexual abuse.

[ 03. March 2013, 23:46: Message edited by: Crœsos ]
 
Posted by Palimpsest (# 16772) on :
 
One of the articles said
quote:
In a fresh interview with the Observer, the former priest, who made his complaint to the nuncio in early February, said that after his disclosures he sensed "the cold disapproval of the church hierarchy for daring to break ranks. I feel [that] if they could crush me, they would."
So do all the people on this thread who have been complaining about false accusations think that anything should be done to said members of the church hierarchy for tyring to intimidate the "true" accusers?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by argona:
O'brien's admission http://www.guardian.co.uk/world/2013/mar/03/cardinal-keith-obrien-admits-sexual-misconduct

Reading the article, I wonder how much the homosexuality played in the Church's reaction.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by argona:
O'brien's admission http://www.guardian.co.uk/world/2013/mar/03/cardinal-keith-obrien-admits-sexual-misconduct

Reading the article, I wonder how much the homosexuality played in the Church's reaction.
Why? Because the Guardian speculates that the quick reaction is due to Cardinal O'Brien's comments about celibacy? That's just the Guardian trying very hard to find some extra negative spin, and in an odd place. The real question is whether we would have had quite the current outcome (which leaves both the hierarchy and Cardinal O'Brien in the plus for handling this IMHO), without the Observer publishing the complaints and without a conclave looming. As it is, hell is currently freezing over, as I agree for once with Catherine Pepinster, editor of the Bitter Pill, who in the Guardian article is quoted as follows:
quote:
This is a shocking admission, but one that is in many ways welcome, not least because it seems Cardinal O'Brien must have been leading a double life, and that is now at an end. That must surely be a relief to him and a burden lifted. But it must also be a relief to Catholics in Scotland. The boil has been lanced, and it's time to move on. Too many scandals in the Catholic church drag on and on, but this one has been dealt with speedily, and a line can be drawn.

 
Posted by Boogie (# 13538) on :
 
I don't agree - he will still be living a double life if he remains a Catholic, as he/they believe homosexual sex is wrong.
 
Posted by Doublethink (# 1984) on :
 
Well afawk so does he, he just feels he gives into temptation too often. (And the issue basically seems to have been sexual harassment, rather than a secret partner.)
 
Posted by hatless (# 3365) on :
 
I don't see any pluses for O'Brien or the RC hierarchy over this. O'Brien said of the allegations: "Initially, their anonymous and non-specific nature led me to contest them." A really extraordinary admission that he only came clean when it was clear he could no longer get away with it.

And it seems to have been the publicity the Observer gave to the allegations and their investigation that stirred the Vatican into action (within two days). The allegations had been reported, and it turns out there was a fifth made a few months ago in respect of an incident in 2001. Without publicity it looks as if the Vatican would have operated on a much slower time scale, and O'Brien would probably have been able to take part in the conclave.

The interview with Cormack Murphy O'Connor on this morning's Today programme was painful to listen to. One of the more lovable RC hierarchs was asked some very difficult questions by John Humphries (although he was in an almost kindly mood). Hearing him squirm was very uncomfortable. It was far more painful to listen to what he said. He was complacent.
 
Posted by Matt Black (# 2210) on :
 
He didn't exactly acquit himself too well. But then again, certain things happened under his watch which were pretty disreputable...
 
Posted by Angloid (# 159) on :
 
quote:
Originally posted by Doublethink:
Well afawk so does he, he just feels he gives into temptation too often. (And the issue basically seems to have been sexual harassment, rather than a secret partner.)

And the tragedy is that the former, which involved abuse of power on his part, has been until recently easier for him to live with politically than a stable loving relationship would have been.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by lilBuddha:
quote:
Originally posted by argona:
O'brien's admission http://www.guardian.co.uk/world/2013/mar/03/cardinal-keith-obrien-admits-sexual-misconduct

Reading the article, I wonder how much the homosexuality played in the Church's reaction.
Why? Because the Guardian speculates that the quick reaction is due to Cardinal O'Brien's comments about celibacy?
[/QUOTE]
No, because of RCC handling of other cases. Example: A priest with a history of sexual abuse was punished for his abuse of the seal of the confessional, not the continued abuse of people.
I think it a fair question in light of the strange priorities in the unfolding of the abuse scandal.
And O'Brien "acting on homosexual impulses" would be an additional infraction against Church policy.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Crœsos:
That's not at all obvious in a job application situation, which was moo's stipulated example. If the various recent child abuse scandals have taught us anything it's that employers are a lot more forgiving of child rape than they are towards someone caught with their hand in the till.

You are talking about how employers treat child rape accusations against those who are already in their employment. I am talking about employers who are evaluating job applicants. It is frequently in an employer's self-interest to cover up malfeasance by one of his employees.

quote:
quote:
Originally posted by Hawk:
There's really no need to try and paint everyone who stands up for the victims of false allegations as sexist. I don't think that was called for at all. [Roll Eyes]

Except you're not standing up "for the victims of false allegations", your standing up "for a very specific subset of the victims of a particular type of false accusation", that a special level of scrutiny should be applied to certain accusers that isn't applied to those reporting accusations of theft or attempted murder (for example). This only really makes sense if you believe accusations are significantly more likely to be false when coming from the kinds of people most likely to report sexual abuse.
If you were responsible for hiring and you saw that an applicant had been accused of a sex crime, would you bother to find out how the charges turned out, or would you just go on to the next applicant?

I know that many people think that false rape charges are very common. This is not true, but it does not mean that false rape charges never happen or that the falsely accused are not severely damaged by the stigma.

Moo
 
Posted by roybart (# 17357) on :
 
I suspect that this ongoing story is an example of the dangers of over-analyzing and second-guessing. Sometimes, I think, the simpler the analysis the truer the insight. I'm inclined to go with Boogie's phrase

quote:
"double life."
This describes the ostensibly celibate Cardinal O'Brien's sexual involvements perfectly. It also describes the double standards Roman Catholic officialdom so often uses to protect themselves and their friends, while indulging in the demonization of others.

Earlier in this thread, someone denied that this pattern constitutes "hypocrisy" in a literal sense. Technically, this may or may not be correct. However, one doesn't need a dictionary to detect the smell of double standards and fraud.

For example: in today's NY Times the Cardinal (ex-cardinal?) is quoted as admitting
quote:
that there have been times that my sexual conduct has fallen below the standards expected of me as a priest, archbishop and cardinal.
Before his exposure, he was somewhat sharper in his condemnation of homosexuality in others. According to the Times:
quote:
Abandoning the relatively tolerant approach to the issue he had adopted in the years before he donned a cardinal's hat, he condemned homosexuality as immoral, and as a "grotesque subversion" ...
The contrast is striking. One standard for oneself and for the institution for whom you are a spokesperson; another standard for everyone else. The greatest sin seems to be, as it often is, embarrassing the church. The proposed resolution, as it often is, becomes a pious "pray for me."

By the way, the latest accounts give the lie to earlier suppositions (on this thread and elsewhere) that there might have been a conspiracy to bring down the cardinal and/or embarrass the conclave. The NY Times article linked below makes this clear.


www.nytimes.com/2013/03/04/world/europe/cardinal-keith-obrien-acknowledges-sexual-misconduct.html?ref=world
 
Posted by Justinian (# 5357) on :
 
quote:
Originally posted by Louise:
Just to add to information - this link in The Scotsman adds some relevant details. There was apparently a fifth complaint (which was actually the first one) made in October.

quote:
The Vatican knew of allegations against Cardinal Keith O’Brien five months ago, it was claimed today.

I'm shocked, shocked to discover the Vatican knew, and left him in place until the press found out.

I, however, have two questions.
1: Did anyone really think he would be made to resign just before his retirement if there wasn't substance behind the allegations?

2: Now that we know, are all the people who were crying about false accusations going to make apologies for falsely accusing people of libel, of suggesting a conspiracy, and of starting witch hunts simply for putting the obvious together?
 
Posted by Louise (# 30) on :
 
quote:
If you were responsible for hiring and you saw that an applicant had been accused of a sex crime, would you bother to find out how the charges turned out, or would you just go on to the next applicant?

Moo, yes I would check and I don't know any professional in a hiring process who wouldn't because of the pitfalls of using online information. I'm surprised by the way general problems - (false accusations, people too stupid to evaluate what they find on google) are being made to apply only to people reporting sexual abuse. What you say applies to all revolting crimes - murder, mugging pensioners, animal and child cruelty, vandalising war memorials and desecrating cemeteries, crimes against especially vulnerable victims.

Either people want a general change that no accusation is reported before conviction or they don't, but they should kindly knock off targetting sexual abuse as the one and only type of crime where the first thing we must say is 'what about the false accusations!" This stigmatises a huge number of people who report abuse as potential liars to be regarded with suspicion, when the number of false accusations which get reported is tiny by comparison. (and we have very strict libel laws here which govern what is printed - such stories are usually carefully 'legalled' by news outlets. You can bet the Observer stories on the Cardinal were).

The worst cases of false accusation and trial-by-media I can think of recently happened in murder cases - yet they hardly get mentioned - and never mind employment, when the wrong person is convicted of murder they go away for life. What I object to here is going beyond the correct 'we simply don't know - presumed innocent' (until the point where the cardinal admitted things) to focus disproportionately on 'false accusation'. It's also stigma when people incessantly harp on about false accusation in this context - stigma for anyone who reports abuse. It's the disproportion and the singling out of sexual abuse for this discussion which bother me.

I'd like to commend those who discussed this sensibly- Augustine the Aleut mentioned the general problems of elections for example. It is possible to discuss problems with accusations without making it look like it's the people who report abuse who should be in the dock.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by roybart:

Earlier in this thread, someone denied that this pattern constitutes "hypocrisy" in a literal sense. Technically, this may or may not be correct. However, one doesn't need a dictionary to detect the smell of double standards and fraud.

For example: in today's NY Times the Cardinal (ex-cardinal?) is quoted as admitting "that there have been times that my sexual conduct has fallen below the standards expected of me as a priest, archbishop and cardinal."

Before his exposure, he was somewhat sharper in his condemnation of homosexuality in others. According to the Times:
quote:
Abandoning the relatively tolerant approach to the issue he had adopted in the years before he donned a cardinal's hat, he condemned homosexuality as immoral, and as a "grotesque subversion" ...

Yes.

Is it likely that those who are most vehemently and outspokenly homophobic are homosexual themselves? That their homosexual needs, when repressed because of fear or shame, are then expressed as raging homophobia?

I think so - and I think the cardinal is (yet another) such person. The problem is that, as a person of great authority, many will have listened to him and tried to repress their own natural urges.

A sad and vicious cycle imo. [Frown]
 
Posted by Barnabas62 (# 9110) on :
 
Louise

Big cheers for your contributions to this thread. Many many thanks.

So far as your last para is concerned, Amen and Amen.

"When either you or I assume, we are likely to make an ass out of you or me."

Old, I know. But it does fit pretty well.
 
Posted by Moo (# 107) on :
 
quote:
Originally posted by Louise:
quote:
If you were responsible for hiring and you saw that an applicant had been accused of a sex crime, would you bother to find out how the charges turned out, or would you just go on to the next applicant?

Moo, yes I would check and I don't know any professional in a hiring process who wouldn't because of the pitfalls of using online information. I'm surprised by the way general problems - (false accusations, people too stupid to evaluate what they find on google) are being made to apply only to people reporting sexual abuse. What you say applies to all revolting crimes - murder, mugging pensioners, animal and child cruelty, vandalising war memorials and desecrating cemeteries, crimes against especially vulnerable victims.
When you speak of professionals in the hiring process, you are not considering the scenario that I am. I was thinking about the falsely-accused in the Hofstra case, and I said that it was likely that their educational level was below average and their English might be imperfect. The kind of jobs people like that most frequently get are low-paying jobs in small businesses, such as dry cleaners or small retail stores. Places of this type do not have professionals assessing the job applicants. The business owners interview the candidates and then collect whatever other information they can, including Google. The problem that the falsely-accused Hofstra men will have is that the story was widely reported as a genuine rape in the media. The media frequently do not report on other revolting crimes until they come to trial.

quote:
Either people want a general change that no accusation is reported before conviction or they don't, but they should kindly knock off targetting sexual abuse as the one and only type of crime where the first thing we must say is 'what about the false accusations!"
I am strongly in favor of not reporting accusations before conviction.

quote:
... (and we have very strict libel laws here which govern what is printed - such stories are usually carefully 'legalled' by news outlets.
Unfortunately our laws are not so strict.
quote:
It's also stigma when people incessantly harp on about false accusation in this context - stigma for anyone who reports abuse. It's the disproportion and the singling out of sexual abuse for this discussion which bother me.
If I knew of a case like the Hofstra one that involved some crime other than rape, I would be equally disturbed by it. What really bothers me is that these young men may never be able to get good jobs because of the publicity.

Moo
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Moo:
When you speak of professionals in the hiring process, you are not considering the scenario that I am. I was thinking about the falsely-accused in the Hofstra case, and I said that it was likely that their educational level was below average and their English might be imperfect. The kind of jobs people like that most frequently get are low-paying jobs in small businesses, such as dry cleaners or small retail stores. Places of this type do not have professionals assessing the job applicants.

<snip>

What really bothers me is that these young men may never be able to get good jobs because of the publicity.

I'm not sure what standard you're using for "good jobs" here. I also think you're overestimating the level of scrutiny applied to the typical convenience store clerk during the hiring process.

quote:
Originally posted by Moo:
I am strongly in favor of not reporting accusations before conviction.

From my perspective, the problems associated with a legal system that operates in secrecy are greater than the social problems associated with false accusation.

On another level, think of the difficulties facing historians trying to assess (for example) Richard Nixon's role in Watergate. Nixon himself was never indicted, much less convicted. Does this mean there should be a legal bar to anyone discussing his involvement? For that matter, what kind of prison time should Woodward and Bernstein have faced for reporting the activities of various Watergate conspirators before there were indictments, much less convictions?
 
Posted by Gildas (# 525) on :
 
Originally posted by Louise:

quote:
The worst cases of false accusation and trial-by-media I can think of recently happened in murder cases - yet they hardly get mentioned - and never mind employment, when the wrong person is convicted of murder they go away for life. What I object to here is going beyond the correct 'we simply don't know - presumed innocent' (until the point where the cardinal admitted things) to focus disproportionately on 'false accusation'. It's also stigma when people incessantly harp on about false accusation in this context - stigma for anyone who reports abuse. It's the disproportion and the singling out of sexual abuse for this discussion which bother me.
It may be because the cases are fairly high profile but I suspect that murder is disproportionate because there is an awful lot of pressure on police to clear things up and the evidence is often somewhat ambiguous (I suspect, for example, that if the standards of proof Mudfrog was insisting on was followed in murder trials Rose West might have escaped a life sentence). It's not difficult to imagine how an officer investigating the death of Rachel Nickell (not strictly speaking a miscarriage because the judge threw the case out but bloody awful for the chap who was wrongly accused) or the pub bombings of the 70s would have got the bit between their teeth and homed in on the wrong person. In most other crimes that temptation doesn't exist.

I used, for example, to have some dealings with the bit of Law Enforcement that was responsible for potting class A importers of drugs into the country and the ideal scenario involved arresting the bad guys whilst they had vast amounts of class A drugs on their person. It's not the kind of thing that it's easy to fit people up for. If you tell the fuzz that your next door neighbour buys heroin wholesale from the Taliban they'll not politely and if you are very convincing they might ring an intelligence unit somewhere but the heavy mob will only descend upon them when they have a watertight case and they know that several kilos of the good stuff is in their possession. That tends to militate against innocent citizens being dragged into a Kafkaesque hell.

Now with sexual abuse or rape the story is different still. The police only know that this happens if the victim tells them (or if someone walks in on a rapist or abuser). If they go straight to the fuzz (or a concerned person tips the fuzz off) there may well be DNA evidence which could lead to the abuser being potted. But if the assault is reported with a time lag then no DNA evidence and it's a case of he said/she said. Which makes it difficult to get a conviction. Which is also why the crime is under reported. Why relive the whole thing for the benefit of a complete stranger to no good end. So, by and large, a complaint of rape or abuse which doesn't disintegrate on investigation and which a competent defence lawyer can't dismantle is probably going to be true and an awful lot of stuff is going to be getting under the radar. It's not public so there's no pressure on the police to cut corners and its not the sort of thing whereby the good guys can gradually build up a case to the extent that they can hit the bad guys when they are bang to rights.

I think that it is the intangibility of the crime that leads people to worry about false accusations. If the Serious Fraud people raid the offices of a major company and minutely scrutinise the books and find nothing then the company can say that the SFO comprehensively went over the accounts and could find no irregularities. But if an accusation of sexual molestation is alleged and the police cannot verify it sufficiently to put together a prosecution it could, nonetheless, destroy the reputation of an innocent person. In this instance absence of evidence is not evidence of absence. Statistically it is much more likely that a villain is able to benefit from the doctrine of reasonable doubt than that someone is going to level a false accusation against a good person. But, then, risk-benefit analysis is often counter-intuitive.
 
Posted by Golden Key (# 1468) on :
 
Cardinal William Levada shouldn't be there, either. Also read the "Prefect" section, just after that.
 
Posted by Hawk (# 14289) on :
 
quote:
Originally posted by Crœsos:
From my perspective, the problems associated with a legal system that operates in secrecy are greater than the social problems associated with false accusation.

There are varying levels of secrecy. You are quickly leaping to the extreme to prove your point that full disclosure is the only way. But can't you see that a middle way is better than either extreme.

What if it was just the media that was barred from reporting the names and details of accused, while family members and anyone actually involved in the case were not covered by such measures. There would be no secret courts, hidden trials, or disappeared persons. But we would be able to have trial by court, rather than trial by media, and the unconvicted accused would be able to rejoin their life without strangers crossing the street to avoid them.

BTW I think this should apply to all crimes, not just sex abuse crimes.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Hawk:
There are varying levels of secrecy. You are quickly leaping to the extreme to prove your point that full disclosure is the only way. But can't you see that a middle way is better than either extreme.

Not at all. I'm simply proceeding from the premise that the state should conduct its business openly and that use of secrecy should be the well-justified exception rather than the expected rule.

quote:
Originally posted by Hawk:
What if it was just the media that was barred from reporting the names and details of accused, while family members and anyone actually involved in the case were not covered by such measures.

That doesn't seem an easy line to draw. For example, suppose an accuser or family member talks to a reporter. Is that reporter then bound by some kind of prior restraint? That's problematic in a lot of jurisdictions. What if an accuser or family member speaks publicly or prints up flyers or posts something on the internet? Does that mean they've become "the media" and should have their actions restricted? What about cases where the accused (or supporters of the accused) conduct a campaign of harassment against accusers, as was the case in many parishes where parishioners first came forward with accusations of abuse? Wouldn't being able to use the legal system to suppress all accusations if charges are withdrawn be an even greater motivator to use such tactics?

Going back to the OP, according to the National Catholic Reporter Cardinal Mahony is now claiming that "the Vatican" told him he should attend the conclave.

quote:
Without my even having to inquire, the nuncio in Washington phoned me a week or so ago and said, 'I have had word from the highest folks in the Vatican: You are to come to Rome and you are to participate in the conclave.'
Bear in mind that "a week or so ago" (the article was written March 2) "the highest folks in the Vatican" would have included still-Pope Benedict XVI, though Mahony probably didn't intend to make that implication.

[ 05. March 2013, 15:58: Message edited by: Crœsos ]
 
Posted by Matt Black (# 2210) on :
 
'Anonymity'=/='secrecy'.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Matt Black:
'Anonymity'=/='secrecy'.

It would be more accurate to say that anonymity is a form of secrecy. It's also hard to work it out the practical implications of Hawk's suggestion barring only "the media" from reporting allegations, since we live in an age where anyone can be "the media". Given the way the clergy abuse scandal has very effectively highlighted the way "malefactors of great [influence]" can evade or obstruct justice, why grant them the additional power to use the legal system to publicly silence their accusers?
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Golden Key:
Cardinal William Levada shouldn't be there, either. Also read the "Prefect" section, just after that.

ISTM, if everyone who muffed it during the scandal were excluded, it would be a very short guest list.

ETA: Alright, hyperbole aside, a much shorter guest list.

[ 05. March 2013, 18:38: Message edited by: lilBuddha ]
 
Posted by the giant cheeseburger (# 10942) on :
 
quote:
Originally posted by Crœsos:
... why grant them the additional power to use the legal system to publicly silence their accusers?

Because the victim/s deserve the confidence that the case won't be derailed by media meddling. Having the case thrown out of court because the media was more interested in selling papers than detached reporting would be devastating for the victim/s.

Take a look at this story and this story from the last week here in South Australia. Both of them provide enough information to show to the public that the cases in question are being handled properly at the same time as protecting the judicial process from being undermined by the media.

Obviously it's going to be hard to keep a suspect's identity out of public circulation for cases where the authorities have had to appeal for public assistance in locating and arresting the suspect. But they are the minority of cases these days, and there are other ways to ensure a fair trial for those notorious cases - like bringing in a judge from the other side of the country and carefully selecting jurors from a larger pool than would be done normally.

Part of justice being seen to be done is taking the steps needed to ensure the defendant, if found guilty, can't make a legitimate claim that it was rigged against them.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by the giant cheeseburger:
Because the victim/s deserve the confidence that the case won't be derailed by media meddling. Having the case thrown out of court because the media was more interested in selling papers than detached reporting would be devastating for the victim/s.

But wouldn't the proposed "no reporting" standard provide a perverse incentive to defendants to go to the press? After all, if press coverage of accusations is supposed to lead to automatic acquittal, wouldn't this be seen as an attractive strategy for defendants with otherwise long odds of acquittal?

I'm also not clear exactly the extent to which accusers are supposed to be silenced. Can a young woman warn her best friend "don't go into the vestry with Father McFeely or he may try to do X to you too", or does that violate Father McFeely's rights? What if she sent an e-mail to all woman parishioners? Or started handing out flyers outside the church? Buying newspaper ad space? At what point do this hypothetical woman's actions classify her as "the media" and what sort of penalty should be applied to stop her?

One of the things abusers often count on to protect them is a culture of silence. I'm not sure that imposing even more silence is helpful.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Golden Key:
Cardinal William Levada shouldn't be there, either. Also read the "Prefect" section, just after that.

ISTM, if everyone who muffed it during the scandal were excluded, it would be a very short guest list.

ETA: Alright, hyperbole aside, a much shorter guest list.

...which says a lot, don't you think?
 
Posted by Palimpsest (# 16772) on :
 
quote:
Originally posted by lilBuddha:
quote:
Originally posted by Golden Key:
Cardinal William Levada shouldn't be there, either. Also read the "Prefect" section, just after that.

ISTM, if everyone who muffed it during the scandal were excluded, it would be a very short guest list.

ETA: Alright, hyperbole aside, a much shorter guest list.

Indeed. And your point is?
 
Posted by lilBuddha (# 14333) on :
 
No point really, just disillusioned sarcasm.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by roybart:
Earlier in this thread, someone denied that this pattern constitutes "hypocrisy" in a literal sense. Technically, this may or may not be correct.

I said it does not have to be hypocrisy, which is technically correct. Hypocrisy is about lying, not about failing. It could be hypocrisy, but we do not know that.

quote:
Originally posted by roybart:
However, one doesn't need a dictionary to detect the smell of double standards and fraud. For example: in today's NY Times the Cardinal (ex-cardinal?) is quoted as admitting
quote:
that there have been times that my sexual conduct has fallen below the standards expected of me as a priest, archbishop and cardinal.
Before his exposure, he was somewhat sharper in his condemnation of homosexuality in others. According to the Times:
quote:
Abandoning the relatively tolerant approach to the issue he had adopted in the years before he donned a cardinal's hat, he condemned homosexuality as immoral, and as a "grotesque subversion" ...
The contrast is striking. One standard for oneself and for the institution for whom you are a spokesperson; another standard for everyone else. The greatest sin seems to be, as it often is, embarrassing the church. The proposed resolution, as it often is, becomes a pious "pray for me."

What a weird comment that is. First, obviously the RCC has a different standard for her clerics than for her lay people: they are supposed to be celibate and continent, we can marry and then have as much sex as we want (with our spouses). Second, beyond that it is reasonable (or at a minimum charitable) to assume that the Cardinal believes that clerics ought to display higher standards than lay people for shared sexual norms. As far as his apparent homosexual tendencies goes, acting them out is forbidden both for him and for all lay Catholics, but he is in an exemplary and inspiring role. You may scoff at that, but I'm reasonably sure (and charitably inclined to believe) that he thinks so. Third, I bet that the statement that so upsets you neither derives from your "double standards" nor from my "other/higher standards", but simply from legal standards. Cardinal O'Brien has so far not admitted any wrongdoing that could land him in the secular courts. You can hold any number of sexual standards, and fail them, without being in conflict with the law of the land. What you see in that statement is almost certainly the hand of a legal adviser establishing plausible deniability. For example, he could still contend a charge of sexual harassment, because making homosexual advances would be against what a RC cleric should do, but do not automatically establish sexual harassment by secular law. You may not like it that the Cardinal does not publicly incriminate himself, but that is not as such an immoral move.
 
Posted by Boogie (# 13538) on :
 
I would say it's pretty immoral to cause very likely psychological damage by preaching (from a very high and respected platform) a set of standards which you don't adhere to yourself.

I imagine many gay men both believed his preaching and tried to repress their sexuality. At the same time he was happily indulging his from a position of power (or unhappily, nobody knows - nobody ever will know)

One good thing - he didn't have a wife for cover as many homophobic+homosexual pastors have.

[ 06. March 2013, 07:45: Message edited by: Boogie ]
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Boogie:
I would say it's pretty immoral to cause very likely psychological damage by preaching (from a very high and respected platform) a set of standards which you don't adhere to yourself.

And I maintain that that is nonsense. Whatever moral standards one may preach, they stand for themselves. They can be good, bad or ugly - but they are so irrespective of the person preaching them, unless the "preacher" explicitly motivates them by their own moral conduct. But that a Cardinal of the RCC would not do. He will say that moral standards come from God, or perhaps that they can be derived from nature, but not that they are good because he personally upholds them.

Obviously, the sway preaching has over people has to do with the witness of the preacher's personal life in general and clearly the general authority RCs will afford to a Cardinal makes his words count more. But that's a question of the effectiveness of preaching, not about the content. Shit morals preached convincingly stay shit morals, superb morals preached horribly remain superb morals.

The above is essentially a version of the argumentum ad hominem. It tries to conclude from the (supposed) badness of a person to the invalidity of what they are saying. But that is simply a fallacy. Furthermore, if the moral standards the Cardinal has been preaching are in fact good, then it would rather have been immoral for him to not preach them. He would have compounded his own moral errors, if he had preached his own lack of moral fortitude from the pulpit.

(No, I'm not saying that he must preach rigorism. Obviously, his own moral failings may motivate him to "soften" the edges of what he preaches, and that is licit. What is not licit is to take one's own failings and preach them as good.)

quote:
Originally posted by Boogie:
I imagine many gay men both believed his preaching and tried to repress their sexuality.

I rather doubt that, but if so: Good! They should, of course, according to RC moral teaching.

quote:
Originally posted by Boogie:
At the same time he was happily indulging his from a position of power (or unhappily, nobody knows - nobody ever will know)

Indeed, nobody knows. So why pretend that we do? From my own experience with trying to uphold RC teaching on sexuality in my own life, I would put my money on "unhappily". (When going on about how terrible it is for the RCC to target homosexuals people tend to forget that actual RC teaching isn't precisely a walk in the park for heterosexuals either.)
 
Posted by Boogie (# 13538) on :
 
I understand completely what you are saying IngoB.

But at what stage would you expect someone who is acting out their own 'failings' to stop rigorously preaching against them?

Or at least to admit, whilst preaching against them, that they themselves also 'suffer' such 'failings'.

(I have to use inverted commas as, in my eyes, they are not failings at all)
 
Posted by Desert Daughter (# 13635) on :
 
Boogie, preaching should go beyond the person of the preacher. In a way it is de-personalised. The point is the message, not the person conveying it.
So there is no reason why a preacher should talk about his own situation.

Personally, I am not very interested in other peoples' private lives, anyway.

[ 06. March 2013, 10:44: Message edited by: Desert Daughter ]
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Desert Daughter:
Boogie, preaching should go beyond the person of the preacher. In a way it is de-personalised. The point is the message, not the person conveying it.
So there is no reason why a preacher should talk about his own situation.

Personally, I am not very interested in other peoples' private lives, anyway.

Fair enough.

So you would be more than happy for a preacher to preach vehemently against something he himself practices - condemning them as a "grotesque subversion."
 
Posted by quetzalcoatl (# 16740) on :
 
following Desert Daughter

Yes, surely it's a core Christian idea that ministers are themselves sinners. I'm not sure if I want them spelling out in detail how - seems rather prurient to me.

I don't agree with O'Brien's views on homosexuality, but I don't see how he's a hypocrite. He would be if he was living the life of Riley with a gay boy-friend.

[ 06. March 2013, 10:54: Message edited by: quetzalcoatl ]
 
Posted by Ricardus (# 8757) on :
 
quote:
Originally posted by IngoB:
Whatever moral standards one may preach, they stand for themselves. They can be good, bad or ugly - but they are so irrespective of the person preaching them, unless the "preacher" explicitly motivates them by their own moral conduct. But that a Cardinal of the RCC would not do.

I understand your logic but you do state above that a Cardinal is called to a higher moral standard precisely because he is supposed to act as an inspirational exemplar. Whereas this higher moral standard would be unnecessary if the Cardinal's personal life was irrelevant to the message he preaches.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by quetzalcoatl:
following Desert Daughter
I don't agree with O'Brien's views on homosexuality, but I don't see how he's a hypocrite. He would be if he was living the life of Riley with a gay boy-friend.

So using homosexual sex in power plays (which cause at least one person to quit) isn't a matter for resignation?

It certainly seems to be according to the Vatican as the highest people (ie the pope as he was still around) told him to do so.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Boogie:
But at what stage would you expect someone who is acting out their own 'failings' to stop rigorously preaching against them?

It depends a bit on the rigour involved. One can licitly propose to others a walk that one is straying from. I agree though that it can be (not: must be) an additional moral fault to withhold the difficulties one is experiencing oneself with that. However, that very much depends on circumstances.

The problem is that at this point we not talking any longer about what is being proposed, but about how effective the delivery it. It can strengthen a message if one admits one's own faults, but it can also weaken it. To give an analogy: Maybe you were terrible at doing your homework on time as child. It is good to do your homework on time (we shall assume). Do you tell your child "you should do your homework on time" or do you say "you should do your homework on time, although frankly I never managed to do that either"? The latter may work against your purpose to inspire your child to do better than you did, a case of too much information. Perhaps it would be different if you were to say "you should do your homework on time, otherwise you will end up with a crap job like mine when you grow up". But then you may not want to go there with your child, at least not now (too much information in another way). Etc.

quote:
Originally posted by Boogie:
Or at least to admit, whilst preaching against them, that they themselves also 'suffer' such 'failings'.

That can send a powerful message. But note that the typical rhetoric this leads to requires a "because": you should do better than me, because ... (something negative). This may bring the law of unintended consequences into play, i.e., there may follow some condemnation of homosexuality that is in fact "harsher than necessary", just because the rhetorical structure sort of demands painting a grim picture against following in the speakers path. If you have a drug addict talking to students about avoiding drugs, you expect him to talk about how terrible doing drugs is. You don't want to hear something along the lines of "well, it's the best thing ever to shoot up, really, but overall the health risks are just a bit too high, so overall I would recommend against it".
 
Posted by Triple Tiara (# 9556) on :
 
I find the whole business distasteful so I have not commented here, or indeed followed the story in detail. However I want to question your assertions Boogie on two counts:

1. Is Cardinal O'Brien guilty of using homosexual sex in power plays? And that he was "happily indulging his (sexual desires) from a position of power"? As far as I have followed the story it's not something that has been an ongoing, current situation but goes back to events in the 1980s. Have I missed some recent revelations which say he has been at it all along?

2. Did Cardinal O'Brien really call homosexuality a "grotesque subversion"? As I understand it he called the proposals for altering the marriage laws a grotesque subversion You cannot simply elide the two in that way.

And, just to be clear, I complained out loud every time Cardinal O'Brien made an utterance on the subject because I think his language was offensive, unacceptable and deeply unChristian. I went so far as to tell my bishop that each time the Cardinal opened his mouth it may me inclined to SUPPORT gay marriage.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by IngoB:
If you have a drug addict talking to students about avoiding drugs, you expect him to talk about how terrible doing drugs is.

Would you expect a drug addict to keep his teaching job?
 
Posted by Triple Tiara (# 9556) on :
 
As far as hypocrisy and preaching go, which of us is ever able to live up to the standards we proclaim? One of the Lord's injunctions which sends shivers down my spine (as a priest and preacher) is Matthew 23, and particularly the opening lines:
quote:
Then Jesus said to the crowds and to his disciples, ‘The scribes and the Pharisees sit on Moses’ seat; therefore, do whatever they teach you and follow it; but do not do as they do, for they do not practise what they teach.
I too have to go to confession regularly, I too am utterly flawed - I don't love enough, I don't pray enough, I don't work hard enough, I don't serve others enough. So I might as well give up really. And yet people tell me they like my preaching. Perhaps that's because I always target myself when preaching, knowing that I need converting. I am not speaking from the vantage of perfection but from the vantage of a supplicant sinner.
 
Posted by Boogie (# 13538) on :
 
When I was a young woman a local preacher (and headeacher) felt my bum on more than one occasion when I was alone in the kitchen. I never went to another service he preached at and I didn't go to his funeral.

Irrational? Illogical? Unforgiving? Yes.

But he was morally wrong to continue preaching against adultery imo. If you have a failing then that's human. But shut up about it at the very least.
 
Posted by North East Quine (# 13049) on :
 
Originally posted by Triple Tiara:
quote:
As far as I have followed the story it's not something that has been an ongoing, current situation but goes back to events in the 1980s. Have I missed some recent revelations which say he has been at it all along?
The allegations go back to the 1980s, but I understand there are allegations from the 1990s, too. The media here in Scotland are suggesting that more allegations are likely to surface.

I can't find a link, but on Monday I heard Radio Scotland interview Patrick Harvie, a atheist green MSP, who is openly gay and campaigns on LGBT issues. Harvie and O'Brien have a long history of disagreement. On radio, Harvie chose to speak with compassion of gay men generally who have spent a liftime trying to suppress and deny their sexuality.

As a Christian, I have to wonder when the atheist appears to speak with more compassion than the Cardinal.

I feel heart-sorry for the Roman Catholics in Scotland who must feel bewildered and dismayed by Cardinal O'Brien's resignation. Many years ago I was a member of a congregation which was torn apart when our minister was arrested and subsequently jailed for taking inappropriate photos of young girls. It is all very well, and no doubt correct, to say that the message is separate from the messenger, but for the person in the pew, and even more so for the non-church attender reading about this in the news, it doesn't work like that.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Triple Tiara:
Is Cardinal O'Brien guilty of using homosexual sex in power plays? And that he was "happily indulging his (sexual desires) from a position of power"? As far as I have followed the story it's not something that has been an ongoing, current situation but goes back to events in the 1980s. Have I missed some recent revelations which say he has been at it all along?

Yes - he said it himself. "there have been times that my sexual conduct has fallen below the standards expected of me as a priest, archbishop and cardinal"."

That covers his whole working life doesn't it?
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Boogie:
Would you expect a drug addict to keep his teaching job?

A drug addict may lose his teaching job because he's unable to perform it, be it that he's stoned or that he has been thrown into prison. He certainly would lose his teaching job if he advocate drug use. But it is simply not the case that Cardinal O'Brien was unable to perform his job, or that he advocated for the misdeeds he is now accused of. And in fact he has lost his job now, sort of.

quote:
Originally posted by Boogie:
When I was a young woman a local preacher (and headeacher) felt my bum on more than one occasion when I was alone in the kitchen. I never went to another service he preached at and I didn't go to his funeral. Irrational? Illogical? Unforgiving? Yes. But he was morally wrong to continue preaching against adultery imo. If you have a failing then that's human. But shut up about it at the very least.

I disagree on all counts. It is perfectly rational and logical for you to avoid a person who wronged you. It is also perfectly rational and logical to prefer a preacher whose personal morals one assumes to be less questionable - after all, the intention of preaching is to inspire you. This is also not a matter of forgiveness: neither was forgiveness sought by this man nor does forgiveness require you to unilaterally act against your own (rational, logical and spiritual) interests. Arguably, if this man's misdeeds dropped from your mind then you have forgiven him in a sense. Finally though, it is not generally immoral to preach against what one does. "Talk the talk, walk the walk" is an ideal, and it is a good ideal. But not every falling short of an ideal is an immoral deed.
 
Posted by Thurible (# 3206) on :
 
quote:
Originally posted by Boogie:
If you have a failing then that's human. But shut up about it at the very least.

Sermons should all be silent, if preachers follow that logic.

Thurible
 
Posted by Triple Tiara (# 9556) on :
 
As I said above, I did not appreciate the tone of Cardinal O'Brien's statements during the "gay marriage" debates. And I am struggling towards articulating my agreement and disagreement about preachers addressing issues that they are not themselves living by. I think tone is very important. And not just on this particular point of sexual morality. As I heard Desmond Tutu once say, there is a fine dividing line between being right and being self righteous. I think we always need to be the first and never the second. If we topple over into self righteousness then we get what was coming to us if we are exposed as not living by the standards we ourselves have proclaimed with such vigour.

[ 06. March 2013, 12:47: Message edited by: Triple Tiara ]
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by Triple Tiara:
As far as hypocrisy and preaching go, which of us is ever able to live up to the standards we proclaim?

Hypocrisy used to be understood as a mismatch between one's words and one's deeds. "Screw as I say, not as I screw" in this particular instance. Now it's proposed that hypocrisy is really a mismatch between stated beliefs and real, secret beliefs. "Screw as I say, not as I secretly believe you should" I guess, though that doesn't have the same panache. I'm not sure this re-definition has any advantage other than defining hypocrisy out of existence, at least as a practical matter.
 
Posted by quetzalcoatl (# 16740) on :
 
quote:
Originally posted by Thurible:
quote:
Originally posted by Boogie:
If you have a failing then that's human. But shut up about it at the very least.

Sermons should all be silent, if preachers follow that logic.

Thurible

Exactly. There's an old saying that we all talk better than we act; well, I suppose we should all be silent then.
 
Posted by lilBuddha (# 14333) on :
 
The higher the standards, the more often one will fail them. I agree failing to always meet those standards is not automatic disqualification of promoting/representing them.
However, it is a matter of nature and degree. It actually doesn't matter if the intent is good or bad. Too great, or too often a failure should be grounds for removal.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Crœsos:
Hypocrisy used to be understood as a mismatch between one's words and one's deeds. "Screw as I say, not as I screw" in this particular instance. Now it's proposed that hypocrisy is really a mismatch between stated beliefs and real, secret beliefs. "Screw as I say, not as I secretly believe you should" I guess, though that doesn't have the same panache. I'm not sure this re-definition has any advantage other than defining hypocrisy out of existence, at least as a practical matter.

This is hardly some kind of novel difficulty, unless you consider Samuel Johnson as a recent writer... I think there simply is a difference between the "proper" meaning of the word and a "common" usage that arises.

This is nicely demonstrated by
Merriam-Webster: hypocrisy. 1. a feigning to be what one is not or to believe what one does not; especially : the false assumption of an appearance of virtue or religion. 2. an act or instance of hypocrisy.
but
Merriam-Webster Learner's Dictionary: hypocrisy. disapproving - the behavior of people who do things that they tell other people not to do; behavior that does not agree with what someone claims to believe or feel.

I would argue that these are not in fact equivalent. They overlap insofar as that we tend to assume that a claim "I say X is good" implies the claim "and therefore I myself do X". And furthermore, clearly people can make use of such statements to cover their tracks. But while the former is a reasonable assumption, and the latter may be a common motivation, neither formally follows from "I say X is good".
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by IngoB:
But while the former is a reasonable assumption, and the latter may be a common motivation, neither formally follows from "I say X is good".

Does restricting our understanding of hypocrisy only to things which can be demonstrated using formal logic serve any practical purpose other than to define hypocrisy out of existence?

Bringing it back to the current case, if someone argues for years that "no one should do X", and over that same timeframe not only repeatedly does X but also takes proactive steps (secrecy, etc.) that will allow him to keep on doing X, why is it such an unjustifiable leap to say there's a hypocritical difference between word and deed?
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Crœsos:
Does restricting our understanding of hypocrisy only to things which can be demonstrated using formal logic serve any practical purpose other than to define hypocrisy out of existence?

Hypocrisy is not being defined out of existence by its "proper" definition, and it is properly hypocritical of you to pretend that you believe this to be the case.

quote:
Originally posted by Crœsos:
Bringing it back to the current case, if someone argues for years that "no one should do X", and over that same timeframe not only repeatedly does X but also takes proactive steps (secrecy, etc.) that will allow him to keep on doing X, why is it such an unjustifiable leap to say there's a hypocritical difference between word and deed?

There clearly is a difference between word and deed, but not necessarily a hypocritical one (properly speaking). As far as secrecy goes we must here at least consider the shame to admit one's failings, the general reluctance to reveal intimate details, and severe consequences for one's status and livelihood.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by Crœsos:
Does restricting our understanding of hypocrisy only to things which can be demonstrated using formal logic serve any practical purpose other than to define hypocrisy out of existence?

Hypocrisy is not being defined out of existence by its "proper" definition, and it is properly hypocritical of you to pretend that you believe this to be the case.
In practical terms it does. By having an "out" defined by "maybe in his unknown heart-of-hearts he really believes what he's saying", there's no act that could really be called hypocritical.

quote:
Originally posted by IngoB:
There clearly is a difference between word and deed, but not necessarily a hypocritical one (properly speaking). As far as secrecy goes we must here at least consider the shame to admit one's failings, the general reluctance to reveal intimate details, and severe consequences for one's status and livelihood.

"It's not hypocrisy if there's a lot of money and power on the line" is a new one on me. Seems a bit of a non sequitur though. The individual motivations for hypocrisy don't seem on point as to whether something is hypocritical.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Crœsos:
In practical terms it does. By having an "out" defined by "maybe in his unknown heart-of-hearts he really believes what he's saying", there's no act that could really be called hypocritical.

Actually, it is merely the case that for a proper charge of hypocrisy an estimate of the person's state and intention is needed. And that's clearly very good, in particular if it reduces the number of easy condemnations that attack the person rather than the deed! You can still say that someone talked the talk but did not walk the walk, and condemn that. But if you shout "hypocrite" then properly speaking on top of that you claim that they were lying when talking rather than failing when walking, which is worse. It is an additional condemnation, and it makes sense to require a separate consideration for it.

So, assuming that Cardinal O'Brien is indeed guilty of homosexual harassment, then you have to think whether you believe that the Cardinal was spouting lies when he condemned homosexuality, or not. Let's take for comparison the hypothetical case that Silvio Berlusconi had condemned prostitution. Now, nothing in Berlusconi's other behaviour and history, as well as in the execution of his actual misdeeds, would indicate to me that he actually believes that prostitution is a bad thing. However, in Cardinal O'Brien's case there is a reasonable chance that he has been strongly influenced by RC teaching against homosexuality. Furthermore, there seem to be claims floating around that these misdeeds occurred when he was inebriated. If so, then this would seem rather compatible with the suggestion that he does in fact think that homosexual acts are evil, but has not been able to control his own homosexual tendencies at all times. In consequence, I would then likely risk calling Berlusconi a hypocrite, but in the case of O'Brien I would be more cautious to pass that judgement. And I think that one hesitates to apply the label is a good thing.

quote:
Originally posted by Crœsos:
"It's not hypocrisy if there's a lot of money and power on the line" is a new one on me. Seems a bit of a non sequitur though. The individual motivations for hypocrisy don't seem on point as to whether something is hypocritical.

Indeed, hypocrisy remain hypocrisy. However, the likelihood of secrecy increases if there is a lot at stake. Hence the more is at stake, the less secrecy can serve as a prime indicator of hypocrisy. If Cardinal O'Brien had something to hide, then he may have hid it not because it would have revealed that he made false claims about his beliefs or himself, but simply because revealing it would have destroyed his career. That may be considered less than ideal as well, or even immoral, but it is not as such (proper) hypocrisy.
 
Posted by Alogon (# 5513) on :
 
I don't know much about Cardinal O'Brien. Of Cardinal Mahoney, several years ago he warned that, if an American government should make it a crime to feed, shelter, or otherwise help an "illegal alien", there would be a storm of protest and civil disobedience from Catholics without precedent in American history.

The proponents of the law backed down.

We need voices like that. And it is not surprising if such statements made enemies happy to go looking for any sort of dirt on him they could find, just as J. Edgar Hoover did to Martin Luther King.

See my new tagline (a happy coincidence).
 
Posted by Gildas (# 525) on :
 
Originally posted by IngoB;

quote:
Indeed, hypocrisy remain hypocrisy. However, the likelihood of secrecy increases if there is a lot at stake. Hence the more is at stake, the less secrecy can serve as a prime indicator of hypocrisy. If Cardinal O'Brien had something to hide, then he may have hid it not because it would have revealed that he made false claims about his beliefs or himself, but simply because revealing it would have destroyed his career. That may be considered less than ideal as well, or even immoral, but it is not as such (proper) hypocrisy.
This is an unutterable pile of Betty Swallocks. It is simply not tenable to claim that "X says that Y is immoral but nonetheless practices Y and keeps it quiet because practicing Y as a leader of an organisation which is implacably opposed to Y is apt to lead X to be sent to a job in a leper colony in the arse end of nowhere" isn't hypocrisy. It's what most people think of as hypocrisy.

For crying out loud. Keith O'Brien was, as he has reminded us, a Priest, Bishop and Cardinal. Christianity is not a collection of abstractions it is performative. When Cardinal O'Brien stood up and said that gay people are objectively disordered and that homosexuality is an intrinsic moral evil he did so as an ostensively celibate bishop who was above that kind of shit. As a Cardinal he stood before us as a representative of the Kingdom of God in which men and women are neither married nor given in marriage. So, when it turns out that he was making alcohol fuelled passes at the local talent it clearly meant that the existential truth of his condition was that whilst he personally disapproved of homosexuality he nonetheless was up for some serious nookie with his troops.

The only way we can say we believe in something is to act it out. Only the people who took risks, for example, in standing up to the Nazis can say they did that. Everyone else can say they hoped to do that. The only people who can say celibacy or marriage are the people who have been celibate. Or married. That really rules out Cardinal O' Brien.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by IngoB:
Actually, it is merely the case that for a proper charge of hypocrisy an estimate of the person's state and intention is needed. And that's clearly very good, in particular if it reduces the number of easy condemnations that attack the person rather than the deed! You can still say that someone talked the talk but did not walk the walk, and condemn that. But if you shout "hypocrite" then properly speaking on top of that you claim that they were lying when talking rather than failing when walking, which is worse. It is an additional condemnation, and it makes sense to require a separate consideration for it.

So, assuming that Cardinal O'Brien is indeed guilty of homosexual harassment, then you have to think whether you believe that the Cardinal was spouting lies when he condemned homosexuality, or not.

Reversing the direction of hypocrisy doesn't make it "not hypocrisy", just hypocrisy about something different.

Working from your stated stipulation that the allegations against Cardinal O'Brien are more or less accurate plus the Cardinal's past public statements, leaves us with:

The Cardinal believes gay sex and sexual harassment are okay, but has hypocritically to convince the public he believes otherwise.

OR

As you suggest, the Cardinal truly does believe the stated positions of the Catholic Church on gay sex and sexual harassment, but has hypocritically worked to convince a select group of his underlings he believes differently by harassing and having sex with them.

Either way, there's hypocrisy involved. Just because you've got a preferred direction for it to flow doesn't mean it's not there.
 
Posted by Barnabas62 (# 9110) on :
 
Or if you like, a common human failing. Put this way, many years ago.

quote:
21 So I find this law at work: Although I want to do good, evil is right there with me. 22 For in my inner being I delight in God’s law; 23 but I see another law at work in me, waging war against the law of my mind and making me a prisoner of the law of sin at work within me. 24 What a wretched man I am! Who will rescue me from this body that is subject to death? 25 Thanks be to God, who delivers me through Jesus Christ our Lord!

So then, I myself in my mind am a slave to God’s law, but in my sinful nature a slave to the law of sin.

The real argument isn't about the label you put on human inconsistency and double-mindedness, but about how good and evil are seen.

Here's a statement about sexual ethics. No matter what our considered view about what is right or wrong behaviour or attitude, just about every human being has a struggle with consistency because of the very strong nature of our desires and attractions. Most of us (psychopaths excluded) recognise the need for both regulation and self-regulation. The argument is about the nature of the first and the challenge of the second in the light of the first.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Gildas:
It is simply not tenable to claim that "X says that Y is immoral but nonetheless practices Y and keeps it quiet because practicing Y as a leader of an organisation which is implacably opposed to Y is apt to lead X to be sent to a job in a leper colony in the arse end of nowhere" isn't hypocrisy. It's what most people think of as hypocrisy.

Well, that's nice for most people. And typically they would be right, because X does not in fact believe that Y is immoral, which makes him an hypocrite. But if X does believe that Y is immoral, then he is not a hypocrite but a failure. There is a difference, and if most people do not appreciate it, then most people need to be educated about it. Because it really is a morally important difference. And that's presumably why all the proper dictionary definitions I've seen so far, as well as Wikipedia, maintain that difference - over and against most people, perhaps.

quote:
Originally posted by Gildas:
When Cardinal O'Brien stood up and said that gay people are objectively disordered and that homosexuality is an intrinsic moral evil he did so as an ostensively celibate bishop who was above that kind of shit.

So? We are not discussing whether Cardinal O'Brien failed. It appears that he did. We are not discussing whether his failures were immoral. It appears that they were. We are not discussing whether this trashes the trust of the faithful. It sure will for some. We are discussing whether he is or was a hypocrite. And that's far from clear.

quote:
Originally posted by Gildas:
As a Cardinal he stood before us as a representative of the Kingdom of God in which men and women are neither married nor given in marriage. So, when it turns out that he was making alcohol fuelled passes at the local talent it clearly meant that the existential truth of his condition was that whilst he personally disapproved of homosexuality he nonetheless was up for some serious nookie with his troops.

And? I mean, seriously, come on. You are a grown man and hardly a newbie to the faith. This is not the Church Triumphant, and SNAFU has always been the condition of this world, including the Church Militant. And are you seriously claiming that one cannot be convinced of one thing and do another, in particular when drunk? Try reading Romans 7:14-25. Is St Paul holy enough for you? Or for that matter, try living up to some challenging standards yourself. I think you may just find that the spirit indeed is willing, but the flesh is weak (Matt 26:41).

quote:
Originally posted by Gildas:
The only way we can say we believe in something is to act it out. Only the people who took risks, for example, in standing up to the Nazis can say they did that. Everyone else can say they hoped to do that.

Ah, you are a Donatist. Well, here's a bit of good news for you: you are a heretic. And if one day you fail against some Christian standard, you will remain a Christian who can be forgiven.
 
Posted by Forthview (# 12376) on :
 
It seems to me that there has been a certain measure of sympathy here in Scotland for Cardinal O'Brien,a sympathy which has come from many beyond the Catholic community.
It appears that the original allegations were made about last October and referred to inappropriate behaviour which took place in the early 1990s and were made by a priest now serving in the diocese.Only later did other priests get to know of this and then made allegations dating back to the 1980s.For various reasons,due to the resignation of the pope and the forthcoming conclave the other priests made their allegations public,whilst preserving their own anonymity.The only person who has actually been quoted in this is a former priest who has said that he has felt the cold breath of disapproval and that ,if they could the church authorities would crush him.
Whatever the truth of the matter it is a sad day for the archdiocese of St Andrews and Edinburgh.
I think that ,as the allegations emerged, it is only natural that the Catholic community should express its bewilderment by coming together and trying to strengthen one another in their faith.
Once the cardinal admitted falling short of the ideals proposed by the priesthood the members of the community have to think about whether the whole Church is one gigantic fraud or whether to accept that we are all sinners and all in some way fall short of the ideals of christianity.
Of those who have shown sympathy to the cardinal the idea that he who is without sin should throw the first stone at him has come to the fore.
Whether tha cardinal avoided throwing stones at those with whom he disagreed is another matter.
What cannot be denied is that the cardinal has given almost 50 years of service to the Church in Scotland.For many people,not only those who are Catholic,he was,in spite of somewhat strident comments of late,a friendly,tactile person, who liked to be with people,who was a significant presence at all sorts of religious and non religious events.
Unforgettable in the North west of Scotland was his constant presence,every second weekend at the different parishes on the Hebridean islands an d the mainland of the diocese of Argyll and the Isles after the disappearance of the bishop almost 20 years ago.(The bishop was later discovered to have run of with a married woman and after selling his story to a Sunday newspaper went off to New Zealand).For two years until the appointment of a new bishop the archbishop as apostolic administrator visited several times every parish of the far flung diocese.
 
Posted by Golden Key (# 1468) on :
 
SNAP (Survivors Network of those Abused by Priests) has put out a list of those priests they believe are too compromised by the abuse mess to be pope.

Here is CNN's coverage.
And this is SNAP's explanation of the list.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by IngoB:
Well, that's nice for most people. And typically they would be right, because X does not in fact believe that Y is immoral, which makes him an hypocrite. But if X does believe that Y is immoral, then he is not a hypocrite but a failure.

Nope, still a hypocrite. It's just as hypocritical to believe Y is immoral and pretend that it's not as it is to believe Y is moral and pretend that it isn't.
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Crœsos:
As you suggest, the Cardinal truly does believe the stated positions of the Catholic Church on gay sex and sexual harassment, but has hypocritically worked to convince a select group of his underlings he believes differently by harassing and having sex with them.

Either way, there's hypocrisy involved. Just because you've got a preferred direction for it to flow doesn't mean it's not there.

First, sexual harassment is an evaluation of the type of sexual advances the Cardinal is supposed to have made, it is highly unlikely to have been the topic of these advances themselves. That is, the Cardinal would not have argued to anyone at any time that sexual harassment is perfectly fine, contrary to Church teaching. Rather, the way in which he is supposed to have propositioned (coercive or by promising inappropriate reward) is judged to be a kind of sexual harassment (at least by the accusers).

Second, you do not know what the Cardinal may have said in making his sexual advances, hence you cannot know whether that was hypocritical under the assumption that he believes in the Church teachings on homosexuality. For example, the purely hypothetical statement "Let me touch you there or I will see to it that you get thrown out of the seminary." is not hypocritical vs. Church teachings on homosexuality, even if the act in question is homosexual. It sure is coercive, immoral, etc. But it does not actually make a claim contrary to the Church teaching on homosexuality, hence it is not hypocritical. Whereas the hypothetical statement "Let me touch you there... you don't believe in the old nonsense that that is forbidden, do you? It is completely natural, God has made us this way." would be hypocritical.

The simple fact remains that people on occasion do things that they have themselves recognized intellectually as being immoral, sinful, evil. Most of the time that judgement would get mentally pushed to the side while the act is carried out, but that's just the psychological mechanism. There really is nothing strange about a drunken, horny man doing things that he would not condone in a more sober and less impulse-driven moment. And it is unfair to call it "hypocrisy" if in such clearer moments he speaks according to his brain rather than his dick.

quote:
Originally posted by Crœsos:
quote:
Originally posted by IngoB:
Well, that's nice for most people. And typically they would be right, because X does not in fact believe that Y is immoral, which makes him an hypocrite. But if X does believe that Y is immoral, then he is not a hypocrite but a failure.

Nope, still a hypocrite. It's just as hypocritical to believe Y is immoral and pretend that it's not as it is to believe Y is moral and pretend that it isn't.
Sure, but since your second case is not a description of what I was saying, you have no point. Doing X is not in itself a statement that one thinks that doing X is right. It just isn't. It can be an indication that this is the case, but it is not proof. People simply do things that they themselves consider wrong. And this happens with great frequency particularly in sexual matters and when people are drunk.
 
Posted by Boogie (# 13538) on :
 
IngoB, you argue your points very well and extremely cleverly, but I don't think cardinal OB deserves your defence.

He took advantage of his powerful position, preached vehemently against the very thing he was doing himself and is thus facing investigations by the vatican.

I do think he deserves our pity, it must be terrible to have to deny your sexuality in order to remain in your job and church.

[Frown] [Votive]
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by Boogie:
IngoB, you argue your points very well and extremely cleverly, but I don't think cardinal OB deserves your defence.

I'm not really defending Cardinal O'Brien personally. Pretty much the first time I've heard of him was this mess. I'm defending against a judgement that ultimately only allows the purest of saints to speak on morals. I'm defending against the attitude that one has to publicly confess one's sin, no matter how intimate, shameful or threatening to one's livelihood, if one wants to speak about such sin. At a more abstract level, I'm defending morals as a matter of objective debate, where arguments rather than persons matter.

(For the record, I've read claims that Cardinal O'Brien was a known progressive who started to mouth conservative positions just in order to become a Cardinal. But blog comboxes do not count as serious sources in my book, and I know little about the man and his past myself. If however I had confirmation of these rumours from a more trustworthy source, then according to my Berlusconi analogy above I would indeed risk calling Cardinal O'Brien a hypocrite. But I will not do so just over some drunken sexual advances...)

quote:
Originally posted by Boogie:
He took advantage of his powerful position, preached vehemently against the very thing he was doing himself and is thus facing investigations by the vatican.

We do not know to what extent he took advantage of his position. We do not know what the state of play is concerning the Vatican (or do we?). And I was under the impression that he preached vehemently against gay marriage, which presumably is not something he attempted to have himself.

quote:
Originally posted by Boogie:
I do think he deserves our pity, it must be terrible to have to deny your sexuality in order to remain in your job and church. [Frown] [Votive]

Arguably, practically all (Latin) RC priests "deny their sexuality". It is a sacrifice they willingly accept from the outset. And none of them can stop doing so (at least continuously) and keep their "job". I certainly feel for everybody who struggles with the demands of their vocation, and hope the find support (and where needed forgiveness). But I do not consider these particular demand as unjust per se, and I do not think that they can serve as a ready-made excuse.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by IngoB:
I'm defending against a judgement that ultimately only allows the purest of saints to speak on morals. I'm defending against the attitude that one has to publicly confess one's sin, no matter how intimate, shameful or threatening to one's livelihood, if one wants to speak about such sin.

Had to look at the avatar and name on this one.

No, one needn't be free of fault. One needn't necessarily confess publicly.
However, if one cannot cease to commit said sin(s), one should remove oneself from authority and temptation.
A frequent kneeler discount at the confessional is indicative of a lack of true repentance.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by IngoB:
Arguably, practically all (Latin) RC priests "deny their sexuality". It is a sacrifice they willingly accept from the outset.

That is not what celibates say. They don't 'deny' their sexuality but 'channel' it into a particular relationship with Christ and with their flock as an anticipation of the world to come where we shall 'neither marry nor be given in marriage.'
 
Posted by Triple Tiara (# 9556) on :
 
There is more than one meaning to the word "deny" - as in "deny thyself, take up thy cross daily and follow me". Presumably that does not mean "deny that you exist".
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by leo:
quote:
Originally posted by IngoB:
Arguably, practically all (Latin) RC priests "deny their sexuality". It is a sacrifice they willingly accept from the outset.

That is not what celibates say. They don't 'deny' their sexuality but 'channel' it into a particular relationship with Christ and with their flock as an anticipation of the world to come where we shall 'neither marry nor be given in marriage.'
First, note the quotes? They serves both to indicate a verbatim quote from Boogie, and as scare quotes to indicate that care is needed in interpreting the words. Second, I don't particularly care for your interpretation. Frankly, it sounds somewhat creepy.
 
Posted by RuthW (# 13) on :
 
On the charges of hypocrisy: it's the Catholic Church's claim to be THE repository of the Christian faith that makes me scoff and call its representatives hypocrites when they inevitably fail to live up to the standards they set for themselves. If the Catholic Church didn't make such a huge claim of authority, I'd cut the men in the hierarchy more slack in this regard. It's not the gap between the ideal and the real that makes me level charges of hypocrisy, because obviously we are all sinners falling short of the glory of God.
 
Posted by Crœsos (# 238) on :
 
quote:
Originally posted by IngoB:
Second, you do not know what the Cardinal may have said in making his sexual advances, hence you cannot know whether that was hypocritical under the assumption that he believes in the Church teachings on homosexuality.

I'm guessing his advances included the information "I'm in favor of gay sex, at least in my immediate future". That's kind of the minimal content necessary for something to count as a sexual advance towards a same-gendered individual. I suppose you could speculate that the Cardinal might have been in favor of gay sex for himself (and whoever he was soliciting at the time) and opposed to it for anyone else, but that's also a form of hypocrisy.
 
Posted by Eliab (# 9153) on :
 
quote:
Originally posted by Crœsos:
I'm guessing his advances included the information "I'm in favor of gay sex, at least in my immediate future".

That's not the same thing as believing it to be moral. One can want, and desperately and passionate want, something which one believes to be bad. Don't you know any smokers?


But really, you're arguing about definitions. IngoB is quite right (IMO) to distinguish two things:

1. The act of pretending to be more virtuous or pious than one is by professing beliefs than one does not really hold; and

2. The act of failing to live up to standard's which one does really hold.

And he's right to see that the difference is morally a significant one, and that (as a general rule) 1 is worse than 2. If the Cardinal had condemned homosexuality, and those tried to impose an onerous burden on gay Catholics, while actually thinking that God is fine with gay sex, with the motive of improving his standing in the Church, he would be a much nastier man than if he preached against something that he genuinely thought God disapproved of, while concealing the painful realisation that he personally was quite fond of cock.

You are right to say that both faults are commonly called hypocrisy.

Since we are pretty much all sense 2 hypocrites, I think IngoB is right that sense 1 is the better and more useful definition of the word. I also think it's closer to what the Bible means by the word commonly translated that way. But sense 2 is pretty strongly entrenched as the common meaning. The Cardinal is indeed a sense 2 hypocrite, but then, so is every other Cardinal. IngoB's right that sense 1 hypocrisy is a more serious accusation, and we don't know whether than can fairly be said to be true of him.
 
Posted by Thurible (# 3206) on :
 
quote:
Originally posted by lilBuddha:

A frequent kneeler discount at the confessional is indicative of a lack of true repentance.

No. It might be, indeed probably is, indicative of a failure to amend one's life. However, if one sincerely purposes that amendment when one confesses, it is too much to doubt the sincerity of the repentance.

Thurible
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by RuthW:
On the charges of hypocrisy: it's the Catholic Church's claim to be THE repository of the Christian faith that makes me scoff and call its representatives hypocrites when they inevitably fail to live up to the standards they set for themselves. If the Catholic Church didn't make such a huge claim of authority, I'd cut the men in the hierarchy more slack in this regard.

Failing to live up to one's standards is not hypocrisy. It is failure. And whether the RCC is the repository of Christian faith, or not, saying so is only hypocritical if one does not actually believe it. It does not become hypocritical according to whether that statement is true or false, but according to whether one means what one says. Failure at standards that one believes to be the standards remains a failure. It does not magically become hypocrisy just because one fails at standards one thinks highly of. To be honest, I can't make much sense of what you are saying there.

quote:
Originally posted by Crœsos:
I'm guessing his advances included the information "I'm in favor of gay sex, at least in my immediate future". That's kind of the minimal content necessary for something to count as a sexual advance towards a same-gendered individual.

This is getting a bit silly. Following one's (sexual) impulses is not commonly considered as a comprehensive statement of one's moral convictions. Otherwise nobody ever could feel conflicted, and nobody ever could end up doing what they themselves consider as immoral. But that's manifestly false. Human beings are just a bit more complicated than that. There are "lower" motivations, impulses, urges, etc. and there are "higher" convictions, thoughts, morals, etc. and they are neither the same thing nor always in harmony with each other. The charge of hypocrisy is aimed at the "higher" level, not at the "lower" level. I'm not sure what hypocrisy at the "lower" level even could amount to, perhaps faking an orgasm or something like that. (Obviously one can be hypocritical about the urges that one experiences. But the "higher" level then comes through this "aboutness".)

In the end, I think you are just trying to define away moral failure, so that you make the charge of a moral lie stick. But people sometimes fail to do what they think is right. In an immediate "action control" sense of course we always do (or try to do) what we "think" is good to do, as is shown by the simple fact that we do it. That's why the old rule is that every sin comes under the guise of some good. But it really is a most basic fact of the human mental landscape that this kind of immediate "action control" good is not necessarily identical with the "real" good that we have intellectually identified and/or will ourselves to seek. We know that we are too fat, yet we eat another piece of chocolate. We set our will firmly to not end up in another shouting match with our partner, and yet that's where we end up. We understand that learning for the exam is crucial for our future, still we procrastinate watching TV. Etc. None of this is usually labelled hypocrisy, because hypocrisy just is not about this kind of internal conflict.
 
Posted by IngoB (# 8700) on :
 
(My previous post was a cross-post with Eliab's one.)

quote:
Originally posted by Eliab:
But sense 2 is pretty strongly entrenched as the common meaning.

That may be so, but as I have pointed out, the official dictionary / encyclopaedia definitions - as well as the "educated" opinions of people like Samuel Johnson - tend to stick with what you call sense 1, i.e., with what I've called "proper" hypocrisy.

And I do not think that this division is recent. I think it has been maintained for quite some time, again witness Samuel Johnson. It would be rather interesting to find out how and why. It is rather unusual for a precise meaning to resist a "common usage" for that long.
 
Posted by RuthW (# 13) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by RuthW:
On the charges of hypocrisy: it's the Catholic Church's claim to be THE repository of the Christian faith that makes me scoff and call its representatives hypocrites when they inevitably fail to live up to the standards they set for themselves. If the Catholic Church didn't make such a huge claim of authority, I'd cut the men in the hierarchy more slack in this regard.

Failing to live up to one's standards is not hypocrisy. It is failure. And whether the RCC is the repository of Christian faith, or not, saying so is only hypocritical if one does not actually believe it. It does not become hypocritical according to whether that statement is true or false, but according to whether one means what one says. Failure at standards that one believes to be the standards remains a failure. It does not magically become hypocrisy just because one fails at standards one thinks highly of. To be honest, I can't make much sense of what you are saying there.
What I'm trying to get at is something akin to your sense 1 definition of hypocrisy. Setting up as a moral authority, in a very public and assertive voice, and then of course failing to live up to that, seems to me to be as much of a pretense as professing beliefs one does not actually hold. It's not the failure that is the problem. We all fail, we all sin, we all fall short. It's the over-large claim of moral authority. It's not that members of the Catholic hierarchy are sinners that bugs me. It's that members of the Catholic hierarchy in the US go beyond exhorting the Catholic faithful to live according to Catholic doctrine; they support putting laws in place that would require all Americans to live according to certain Catholic doctrines. Claiming to be the One True Church of the One True Faith is too big a moral claim to make.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Thurible:
quote:
Originally posted by lilBuddha:

A frequent kneeler discount at the confessional is indicative of a lack of true repentance.

No. It might be, indeed probably is, indicative of a failure to amend one's life. However, if one sincerely purposes that amendment when one confesses, it is too much to doubt the sincerity of the repentance.

But the sadness, for me, is a church which makes a sin of sex. So much so that its followers are even forbidden masturbation.

This isn't just archaic - it's cruel.

Rather like making a sin of drinking water. No wonder those who repent can't amend their ways.

The line is drawn in entirely the wrong place - and it's time the RC recognised this. Cardinal OB himself was beginning to say similar things about priests and celibacy.
 
Posted by Barnabas62 (# 9110) on :
 
RuthW

I've really struggled with that issue too, but find myself in a rather different place these days. I think the moral issue might be illuminated by considering the tension between two statements of Jesus.

"Come to me, all you who are weary and burdened, and I will give you rest. 29 Take my yoke upon you and learn from me, for I am gentle and humble in heart, and you will find rest for your souls. 30 For my yoke is easy and my burden is light."

"All authority in heaven and on earth has been given to me."

I accept that the church has been authorised to be the body of Christ in the world. It is a commission. So it is not wrong to act and pronounce both in the confidence that we have been authorised and are also expected to speak authoritatively about what is true. But how is that to be combined with gentleness and humbleness of heart towards the burdened and the weary?

Like all the paradoxes of the Christian faith, we live with the tension of that. And that seems to me to be particularly true for the Catholic Church because of the belief about how this authority has been handed down, and continues to be handed down.

Such authority is hard to live by and hard to live with. The yoke often seems far from easy! Personally, I think the yoke is easier if the hands are open and the finger is not pointed. And continuing frailty, continuing vulnerability, are acknowledged. There is a meekness in that which is powerful.

The challenges of availability and vulnerability can teach us a lot about how to love.
 
Posted by roybart (# 17357) on :
 
Earlier in the thread, someone reminded us of Cardinal Mahony's strong and humanitarian position in support of the undocumented immigrant community. I appreciate that reminder.

Has Cardinal Mahony done good things? Obviously. Has he done bad things? I would argue so. Does he understand the way his behavior on the coverup of clerical pedophilia looks to others not within his own particular set? It appears not.

From The March 11 issue of The New Yorker:

quote:
Mahony has been blogging about the public disparagement he has received, and he compares it to what Christ withstood, urging the faithful to join him in exploring what it is to "take up our cross daily and to follow Jesus -- in rejection, in humiliation, and in personal attack."
This statement gives us an insight into the way one of the key players things about things, or at least wants us to think about them. It ups the ante in this discussion. We have moved far beyond nit-picking about what or what does not constitute "hypocrisy."

Cardinal Mahony's statement is either a world-class case of chutzpah and tone-deafness ... or, something so deep, so subtle, so opaque, that it must be true.
 
Posted by RuthW (# 13) on :
 
Suffering personal attack because he covered up child abuse is comparable to Jesus' suffering? Wow.

Barnabus, the thing is, the Catholic Church asserts a moral authority that I do not believe it possesses. They take that assurance of authority you quote and apply it to their church alone. As an institution, they think they're better than the rest of us. So when bishops, archbishops and cardinals screw up and prove they're not better than the rest of us, which is something I think they ought to be able to figure out anyway, I think they're hypocrites.
 
Posted by Forthview (# 12376) on :
 
Whilst the institution of the Church may be better than 'the rest if us',simply because Catholics believe it has been created by God,Catholics also realize that 'the rest of us' (and that includes all of humanity) are very fallible and fragile creatures who fequently fall short of the ideals proposed by the institution.
 
Posted by lilBuddha (# 14333) on :
 
quote:
Originally posted by Thurible:
quote:
Originally posted by lilBuddha:

A frequent kneeler discount at the confessional is indicative of a lack of true repentance.

No. It might be, indeed probably is, indicative of a failure to amend one's life. However, if one sincerely purposes that amendment when one confesses, it is too much to doubt the sincerity of the repentance.

Thurible

I understand the mental process of regretting an action and subsequently repeating that action. I've no doubt of the possibility of sincere repentance at the moment of the action. However, if one wishes to stop, but finds it too great an effort, one removes oneself from temptation. Early on in the initial scandal, I remember an interview of a priest who felt too much temptation. He removed himself to a remote wilderness location. This was commendable, this was proper.
"Damn, I did it again, God please forgive me. Damn, I did it again, God please forgive me. Damn, I did it again, God please forgive me......." is not.
 
Posted by Barnabas62 (# 9110) on :
 
RuthW

I get that. I also get Shakespearean at this point as I remember MacBeth

quote:
I have no spur
To prick the sides of my intent, but only
Vaulting ambition, which o'erleaps itself,
And falls on th'other. . . .

All a bit knife edged. From the outside, what we experience is "vaulting ambition o'erleaping itself". From the inside, understandably, things look different. The authorisation legitimises the call and the assurance.

[ 08. March 2013, 16:33: Message edited by: Barnabas62 ]
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by leo:
quote:
Originally posted by IngoB:
Arguably, practically all (Latin) RC priests "deny their sexuality". It is a sacrifice they willingly accept from the outset.

That is not what celibates say. They don't 'deny' their sexuality but 'channel' it into a particular relationship with Christ and with their flock as an anticipation of the world to come where we shall 'neither marry nor be given in marriage.'
First, note the quotes? They serves both to indicate a verbatim quote from Boogie, and as scare quotes to indicate that care is needed in interpreting the words. Second, I don't particularly care for your interpretation. Frankly, it sounds somewhat creepy.
I take your first point.

However, re-interpretion, it's fairly standard RC - what I wrote above is a one sentence summary of a book published in 1979 called The Sexual Celibate by Fr. Donald Goergen, OP
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by leo:
However, re-interpretion, it's fairly standard RC - what I wrote above is a one sentence summary of a book published in 1979 called The Sexual Celibate by Fr. Donald Goergen, OP

Luckily, I don't have to appreciate every thing ever written by a RC, much less your paraphrase of an entire book in a sentence.
 
Posted by Golden Key (# 1468) on :
 
quote:
Originally posted by RuthW:
Suffering personal attack because he covered up child abuse is comparable to Jesus' suffering? Wow.

Wonder if he knows the millstone verse...
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Barnabas62:

"Come to me, all you who are weary and burdened, and I will give you rest. 29 Take my yoke upon you and learn from me, for I am gentle and humble in heart, and you will find rest for your souls. 30 For my yoke is easy and my burden is light."

"All authority in heaven and on earth has been given to me."

I accept that the church has been authorised to be the body of Christ in the world. It is a commission. So it is not wrong to act and pronounce both in the confidence that we have been authorised and are also expected to speak authoritatively about what is true. But how is that to be combined with gentleness and humbleness of heart towards the burdened and the weary?

Like all the paradoxes of the Christian faith, we live with the tension of that. And that seems to me to be particularly true for the Catholic Church because of the belief about how this authority has been handed down, and continues to be handed down.

Such authority is hard to live by and hard to live with. The yoke often seems far from easy! Personally, I think the yoke is easier if the hands are open and the finger is not pointed. And continuing frailty, continuing vulnerability, are acknowledged. There is a meekness in that which is powerful.

The challenges of availability and vulnerability can teach us a lot about how to love.

So do you really think that enforced celibacy, including a ban on masturbation will not add to the burdens of those charged to care for their flock?

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[ 09. March 2013, 07:01: Message edited by: Boogie ]
 
Posted by Barnabas62 (# 9110) on :
 
Boogie

Well it would certainly add to mine if I had such a charge. My self-understanding is that it would have been very unwise for me to make promises to live like that. However, I'm not about to speak for the wisdom of choices others make.

I think there's a problem with your use of the word "enforced". Catholic Priests volunteer to be celibate and make promises before God to that effect. On a personal level, any priest will know what he is promising but not necessarily have a complete insight into how difficult it may be to live with the promise. He will live and learn.

I understand why you asked the question, but my comments were in the context of a bit of dialogue with RuthW about the claims of the Catholic Church. Here's the key quote from RuthW's post which triggered mine.

quote:
Setting up as a moral authority, in a very public and assertive voice, and then of course failing to live up to that, seems to me to be as much of a pretense as professing beliefs one does not actually hold.
My post addresses the relationship between being confident that we have been given authority and the way we exercise it; particularly when speaking to people who do not recognise that authority over themselves. That was also a point RuthW made.

quote:
It's not that members of the Catholic hierarchy are sinners that bugs me. It's that members of the Catholic hierarchy in the US go beyond exhorting the Catholic faithful to live according to Catholic doctrine; they support putting laws in place that would require all Americans to live according to certain Catholic doctrines. Claiming to be the One True Church of the One True Faith is too big a moral claim to make.
Does that help you to see the primary purpose of my post? Maybe you did see it but were just interested in what I thought about your question?

[ 09. March 2013, 09:19: Message edited by: Barnabas62 ]
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by leo:
However, re-interpretion, it's fairly standard RC - what I wrote above is a one sentence summary of a book published in 1979 called The Sexual Celibate by Fr. Donald Goergen, OP

Luckily, I don't have to appreciate every thing ever written by a RC, much less your paraphrase of an entire book in a sentence.
But you are prepared to call mainstream RC thinking 'creepy.'
 
Posted by IngoB (# 8700) on :
 
quote:
Originally posted by leo:
But you are prepared to call mainstream RC thinking 'creepy.'

Sure, why not? As it is, however, I simply found what you said somewhat creepy, whatever it may actually represent.
 
Posted by Boogie (# 13538) on :
 
quote:
Originally posted by Barnabas62:
Does that help you to see the primary purpose of my post? Maybe you did see it but were just interested in what I thought about your question?

Yes I did, and yes I was.

I would contend that celibacy is, to all intents, enforced. If a person wants to become a Catholic priest they have no choice but to accept celibacy.

OK, they can choose not to become a priest. But if this is the path they choose, then there is only one way - celibacy. Which seems very cruel to me.
 
Posted by Barnabas62 (# 9110) on :
 
Boogie

I think it would be cruel if people were forced to become priests. But they aren't.

Why shouldn't a Catholic think like me? I know I shouldn't even attempt a lifelong commitment to celibacy. Given the policy of the Catholic church that means I can't be a priest, even if I have some inner sense that I might be good at it, even that God is calling me. So I guess I would look at different ways in which I could serve. There are lots of other avenues of service within Catholicsm, some of them very challenging, which are open to married Catholics, or single Catholics who (like me) know they should never commit to lifelong celibacy.

The thing about a calling is it is not matter for individual decision; folks who think they have a calling get assessed by people and processes. Callings need to be confirmed and nurtured. BTW I hope that confirmation and nurturing of a calling to priesthood includes very clear advance information about the real impact of a lifetime celibate calling. I'd be bothered if it were played down. Even given the present shortage of ordinands.

Boogie, as a matter of principle and conscience, I disagree with Catholicism over the legitimacy of both married priests and female priests. But then I'm outside the Catholic fold. If I were inside, I would know the score, know it's not all that likely to be changed much. And would make my choices accordingly. In extreme cases, that might involve me leaving Catholicism as a matter of personal conscience. I'd be well aware of the cost of that too.

I think it's all about how we see being a servant. I did this elsewhere in a paraphrase of JFK. "Ask not what the church can do for you. Rather ask what you can do for the church". I think it was William Law who observed that if we seek conditions about how we serve God, we will find we've signed both copies of the contract ourselves. Some things are non-negotiable. Within Catholicism, it's pretty clear what those things are.
 
Posted by Jon in the Nati (# 15849) on :
 
No one has a right to ordination or to holy orders, nor is anyone forced to enter them. Celibacy is not forced on anyone; every monk or cleric who is celibate is know exactly what he is signing up for when he signs on the line which is dotted.

If you want to be a lawyer, you have to pass a bar exam and meet other licensing requirements. This does not force the bar exam on anyone; it merely means that those who want to be lawyers have to take it.

Don't get me wrong; I am glad I have a wife and am not celibate. But If I were Catholic, I would likely still have become a priest, and it would have been no one's choice but mine.
 
Posted by leo (# 1458) on :
 
quote:
Originally posted by IngoB:
quote:
Originally posted by leo:
But you are prepared to call mainstream RC thinking 'creepy.'

Sure, why not? As it is, however, I simply found what you said somewhat creepy, whatever it may actually represent.
Howe about if, instead of saying 'channeling sexuality' i said 'channeling affectivity?'

Sexuality is about far more than genitality.
 
Posted by leo (# 1458) on :
 
Or how about
quote:
Celibacy must be seen as a way of living one's sexuality and not as a denial of it. A priest relates to other people, both men and women, as a man. This pastoral love is not just a vague love for people in general, but a real concrete love for real men and women. A priest may be living on his own, but his living is very clearly directed towards others. ....... To love someone truly as a celibate demands, not that we repress our love, but that we deepen our capacity for expressing our love in other ways. To respond appropriately to our feelings and to control our desires doesn't mean to deny them. Purity based on sexual denial is a fraud. Again Wilkie Au expresses this very well:
Sexual denial hardens the heart and makes it arrogant. It closes the heart to mercy, renders it incapable of understanding the weak, and powerless to pronounce the words of Jesus to the woman caught in adultery. Such a purity is too glacial to be compassionate. (By Way of the Heart, p.145)

The Commitment to Celibacy - Fr. Kevin Doran
 


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