Pittsburgh bishop says not all grand jury accusations are 'substantiated'

Pittsburgh, Pa., Aug 13, 2018 / 08:30 am

Bishop David Zubik of Pittsburgh has confirmed that some of the priests named in the Pennsylvania grand jury report into sexual abuse remain in active ministry. The report is expected to be released at 2 p.m. on August 14.

Bishop Zubik made the announcement while speaking to the Pittsburgh Post-Gazette on August 10. At the same time, the bishop stressed that there is "no priest or deacon in an assignment today against whom there was a substantiated allegation of child sexual abuse." He also pledged to meet with parishioners in the days following the report's release to underscore how and why an allegation was found to be unsubstantiated.

Canon law provides that, whenever an allegation of sexual abuse of a minor is received by diocesan authorities, the bishop is obligated to hold a preliminary investigation to determine if there is a "semblance of truth" to the claim. This standard, canon lawyers say, is minimal and only determines if the accusation is not "manifestly false or frivolous."

If the accusation is not demonstrably false, the case is sent to Rome for further consideration at the Congregation for the Doctrine of the Faith, who determine how the canonical process should proceed.

While Bishop Zubik said he would not comment on specific individuals or allegations until the report was released, he underscored that all those priests still in active ministry named in the report had had their cases re-examined by the diocese's independent review board – in each case finding the accusations remained unsubstantiated.

Seeking to illustrate that some claims could simply be false, Zubik made reference to his own experience. In 2011, he said, a man accused him and several others of past sexual abuse after being denied a parish volunteering position because of his criminal record. Local law enforcement, the diocesan review board, and Vatican authorities were all informed.

Fortunately for the bishop, the accuser had previously sent him an email threatening retaliation. The local district attorney investigated and dismissed the allegations, calling them "offensive." 

In that case, it was fortunate that there was clear evidence of malicious intent by the accuser, Zubik said, but that is not always the case.

"I often say to myself, 'What if that email wasn't there?'" he told the Post-Gazette. Without such clear proof, it would have been a matter of I-say-he-says and Zubik said he "could swear on a stack of Bibles I didn't do what I was charged with" but it might not have been enough to stop a presumption of guilt.

"Maybe that's where my sensitivity comes to people who have been accused, to say just because somebody's been accused doesn't necessarily mean they're guilty."

Zubik also pointed out that it was not always easy to come to a firm assessment of an allegation.

"What if the activity that was reported was not child sexual abuse? Or what if it was by third-hand source, and with every effort to try to reach out to the victim, the victim never came forward? Well, how could you see that as substantiated?"

The bishop's remarks echo concerns raised by some of those named in the report, who have challenged their inclusion in the final publication, saying that they have been denied due process of law and risk permanent damage to their reputations. The Pennsylvania Supreme Court agreed, delaying publication and ordering the names of those appealing to be redacted while they hear further legal arguments.

It is not known if any of the Pittsburgh priests referred to by Zubik have participated in the legal appeals which have delayed the release of the report.