Requests for financial compensation for victims of sexual abuse
committed in the Church in Portugal will be analyzed by two commissions,
one to analyze the cases and the other to determine the amounts of
compensation, the Portuguese Bishops’ Conference (CEP) said in
regulations published Thursday.
“Financial compensation should
represent a significant benefit and be proportional to the seriousness
of the damage assessed, without the pretension of paying what is
unpayable or annulling what, unfortunately, cannot be annulled,” the CEP
regulations say.
In February 2023, the final report
of the Independent Commission for the Study of the Sexual Abuse of
Children in the Catholic Church in Portugal was released.
According to
the document, from 1950 to 2022 there were at least 4,815 victims in the
country. Following this report, the VITA Group was created to monitor
situations of sexual abuse of children and vulnerable adults in the
context of the Catholic Church in Portugal.
In April of this year, the CEP
approved at its 209th Plenary Assembly the awarding of financial
compensation to victims of sexual abuse against children and vulnerable
people in the Church in Portugal. The same decision was taken by the
Conference of Religious Institutes of Portugal at its general assembly
that same month.
Analysis of requests for financial compensation
According to the regulations
published July 25, applications for compensation, which began to be
submitted June 1, can be made until Dec. 31. They can be made “by the
victims, or their legal representative, to the VITA Group, to the
diocesan Commissions for the Protection of Minors and Vulnerable Adults,
or to the services of religious institutes and societies of apostolic
life.”
“An investigation commission will
be set up for each request for compensation,” the regulations say. This
commission “is responsible for examining requests for financial
compensation, ascertaining the facts committed, the nature and extent of
the damage suffered, as well as the causal link between the fact and
the damage.” After the analysis, it must draw up an opinion on the
“merits or unfoundedness of the request for financial compensation.”
This commission will be made up of
two people, one appointed by the VITA Group and the other by the
coordinator of the respective diocesan commission or, in the case of
religious institutes and societies of apostolic life, by the competent
authority of the institute. It will also include “at least one
professional from the field of forensic psychology and, if necessary,
from the field of forensic psychiatry (with experience in medical-legal
evaluations in this specific context), and if possible a jurist.”
The case then goes to the
compensation committee, whose “function will no longer be to determine
the facts but to determine the amount of compensation to be awarded.”
It will be made
up of seven people, mostly lawyers with experience in the area. Two will
be appointed by CEP, two by the national coordination team of the
diocesan Commissions for the Protection of Minors and Vulnerable Adults,
one by the Conference of Religious Institutes of Portugal, and two by
the VITA Group.
“The opinions issued by either the
instruction committee or the compensation committee must be presented,
duly substantiated and under seal, to the Portuguese Episcopal
Conference or to the competent major superior, who will decide on them
in definitive terms, respectively,” the regulations say.
The final decision, “duly
justified, will be notified to the author of the request, to the
commission for the determination of compensation, and to the commission
for the investigation of the case.”
The financial compensation
payments will be made through a fund created by the CEP, which will
count on the solidarity contribution of all Portuguese dioceses as well
as religious institutes and societies of apostolic life.
The CEP regulations state that
“regardless of the request for financial compensation,” “medical,
psychological, and/or psychotherapeutic support for victims of sexual
abuse practiced within the Church” will continue to be provided.