Catholic Estonia

DIOCESE OF TALLINN

 

GUIDELINES FOR DEALING WITH CASES OF SEXUAL ABUSE OF MINORS PERPETRATED BY CLERICS

 

1. Introduction

 

Although no cases of sexual abuse have been reported or detected in the Diocese of Tallinn, following the directives issued by the Holy See, we have prepared these guidelines both to prevent and to act – if necessary – against this terrible crime. This document is intended for the priests of the Catholic Church in Estonia, all Catholics, and public authorities in general. We want it to be a sign of our commitment to prevent this kind of offense, and at the same time a clear indication that the Catholic Church in Estonia will fully fulfill its obligations under the laws of the Republic of Estonia and under the canon law of the Catholic Church. While we thank God for the faithfulness of our priests, we pledge to make every possible effort so that any case of abuse may never occur in the Diocese of Tallinn.

These guidelines begin with a section that contains the basic theological ideas of the Church about the human person and sexuality. It is followed by a section which shows how we define “child” and “sexual assault,” a section that deals with the signs of sexual abuse, and a section that explains how to recognize possible perpetrators. In the next section, it is determined who is the person responsible for this matter in the Diocese of Tallinn. Subsequent sections deal with how we shall respond to an accusation or suspicion of sexual abuse, what kind of support should be given to those who have been affected, and how other stakeholders should be informed. Then, the procedures concerning the accused or suspected person are addressed, along with what should occur during and after the investigations and legal trial. Finally, there is a section on pastoral care in these contexts and a number of important points for the prevention of sexual abuse as well as false accusations.

2. Some Theological Key Points

 

a. God has created man out of love and for love. This theological insight can help us to deepen our understanding of God and the human person. But God’s creation has been wounded and damaged by sin. God sent His Son into the world to reconcile creation with Himself, to manifest the fullness of His love, and to restore human dignity. God offers His grace and forgiveness to all who accept it, but we know that the struggle against sin lasts a lifetime.

b. Enlightened by Jesus’ words, “Let the children come to me,” the Church has always reflected on the role and importance of children. She has also highlighted and defended the unique dignity of every child. The Church therefore considers child sexual abuse to be one of the most heinous crimes against humanity, and therefore also against God Himself.

c. The word “abuse” refers to a variety of actions, ranging from purely physical violence to the infliction of mental anguish. Often, it refers to an adult who seeks to achieve immoral aims by exploiting a child’s innocence and trust. We also speak of abuse when authority is used in a contemptuous and disrespectful way that harms a child due to his or her vulnerability and dependence. A sexual assault occurs when an adult uses a child to satisfy his or her own sexual desires. No form of abuse—regardless of its moral gravity—can ever be tolerated; all must be condemned as grave offenses against the child and against the Creator.

d. When the Church reflects on the dignity and vocation of the child, she begins from the foundational theological truth that the human person is created in the image of God (Genesis 1:27). This likeness implies that every human being is a person, a unique individual endowed with inviolable dignity. The free will given by God enables the human person to live in accordance with the good, in respectful harmony with the moral order. In relating to others, every person must treat others as subjects, never as objects. To use another person for one’s own ends is always a violation of dignity; abuse is rooted in this failure to recognize the other as a person.

e. The human person possesses inviolable dignity throughout the entire span of life—from conception to natural death. Unfortunately, this dignity is not always respected. A child’s dependence on adults, as well as his or her weakness and undeveloped autonomy, makes the child a vulnerable being. A child has the right to grow up in an environment where he or she can experience security and trust in life and in others. The responsibility for this generally lies with the child’s parents and the other adults in the child’s surroundings. But we know that many children have been harmed by adults. For this reason, the Church and society must work together to protect and safeguard the human dignity of children.

f. Awareness of the inviolability of human dignity is affirmed by our faith in the Incarnation of God in Jesus Christ. By becoming man, God showed us what human life is meant to be. In the Gospel, Jesus is always seen defending the vulnerable. Therefore, children have a privileged place in the Kingdom of God: “Let the little children come to me; do not stop them; for it is to such as these that the kingdom of God belongs” (Mark 10:14). On another occasion, Jesus places a child in the center and says: “Anyone who welcomes a little child such as this in my name welcomes me; and anyone who welcomes me, welcomes not me but the one who sent me” (Mark 9:37). To receive a child is to receive God. This attitude must be reflected in our behavior toward children. As a powerful and concrete warning against the opposite behavior, Jesus says: “But anyone who causes one of these little ones who believe in me to stumble—it would be better for him to have a great millstone fastened around his neck and to be drowned in the depth of the sea” (Matthew 18:6), and “See that you do not despise one of these little ones” (Matthew 18:10).

g. God created human beings as male and female. Man and woman are called to imitate God in love and communion. Through sexuality—which is a gift from God—man and woman express and affirm their mutual love. The Catechism of the Catholic Church states: “The union of man and woman in marriage is a way of imitating in the flesh the Creator’s generosity and fecundity” (CCC, n. 2335). Therefore, according to the Church’s teaching, sexuality is a gift that must be exercised only within the lifelong covenant of marriage. Within marriage, true love and mutual respect, fidelity, unity of life, fruitfulness, pleasure, and joy are cultivated. All of this is only possible when spouses recognize and treat one another as persons. To offend or exploit each other contradicts the self-giving union that marriage is called to be.

h. As with many other gifts from God, the gift of sexuality can be misused and thus cause great harm. When a child who is not yet mature for adult sexuality is exploited by an adult, this constitutes abuse and a grave act of violence, often resulting in lifelong and irreparable wounds. Such abuse is a crime against the child as a person and a serious violation of God’s law. When the perpetrator is a priest—or another Church employee or volunteer—the harm is even more serious, given the great trust placed in clergy and Church personnel.

Church leaders must always act to protect children from abuse. However, if—despite all efforts—abuse occurs, Church leaders must take immediate action against the accused person by ensuring that a police report is filed and by cooperating fully with civil authorities during the investigation and legal proceedings. It is also essential that Church leaders rigorously apply the penal norms of Canon Law. The Church must not act in a way that could be interpreted as a desire to cover up or minimize the incident. Concern for the child and the family must come first. These norms express the responsibility that the Diocese of Tallinn assumes in order to prevent abuse and to respond swiftly and decisively should such an offense occur.

i. Finally, we must not forget that God’s mercy embraces all people—even those who have committed serious crimes. The sacrifice of Jesus Christ on the Cross has the power to forgive even the gravest of sins. But forgiveness requires sincere repentance and a desire for conversion and reparation. Those who commit sexual abuse must openly acknowledge their guilt and be held accountable for their crimes, both in civil courts and before the Church. They must also undertake personal reparation for their actions by accepting civil and ecclesiastical penalties, and through prayer and penance.

3. Definitions of “Child” and of “Sexual Abuse”

 

The crimes of sexual abuse perpetrated by clerics against minors are considered by the Catholic Church to be among the most serious delicts against morality and are therefore reserved to the Dicastery for the Doctrine of the Faith (cf. Motu Proprio Sacramentorum sanctitatis tutela [SST], art. 6, §1).

In these guidelines, we use the term “child” according to the definition given in the UN Convention on the Rights of the Child and the Motu Proprio SST. A child is therefore any human being under the age of 18. If the age of a person is unknown and there is reason to believe that the person is under 18 years of age, the person shall be regarded as a child until proven otherwise (cf. Estonian Child Protection Act, § 3(2)).

The notion of “sexual abuse of minors” in these guidelines is understood in accordance with Article 6 of the Motu Proprio SST: “the delict against the sixth commandment of the Decalogue committed by a cleric with a minor under the age of eighteen.” It should also be noted that, according to the same article, “a person who habitually lacks the use of reason is to be considered equivalent to a minor.” Vulnerable persons, meaning any individual in a state of infirmity, physical or mental deficiency, or deprivation of personal liberty that, even occasionally, limits their ability to understand, to will, or otherwise to resist the offense, are included under this definition. A cleric who commits the aforementioned delicts is to be punished by the Church in proportion to the gravity of the offense, including, if necessary, dismissal from the clerical state.

4. Relevant Provisions of Estonian Law about Child Protection

 

According to § 3 (1) and § 6 (1) of the Child Protection Act, persons who come into contact with children have the duty to ensure the rights and well-being of the child, and to support the child’s all-round development, including sexual development and health. A child who is in a situation that endangers his or her health or well-being must be provided with timely and appropriate assistance.

Section 24 of the Child Protection Act prohibits the maltreatment of children. Pursuant to subsection 1, neglect, mental, emotional, physical, or sexual abuse of a child—including degrading, intimidating, or physically punishing a child, as well as punishing a child in any other manner that endangers his or her mental, emotional, or physical health—is prohibited.

In addition to the aforementioned considerations, the Estonian Penal Code criminalizes various forms of sexual abuse, particularly those involving minors. The following provisions from Chapter 9, Division 7 outline these offenses:

• 141. Rape
• Engaging in sexual intercourse with a person against his or her will by using force or by taking advantage of a situation in which the person is incapable of resisting or comprehending the situation is punishable by 1 to 6 years’ imprisonment.
• The same act, if:
  • committed against a person under 18 years of age;
  • committed by two or more persons;
  • causes serious damage to the health of the victim;
  • results in the death of the victim;
  • leads the victim to suicide or attempted suicide; or
  • is committed by a person previously convicted of an offense under this Division,

is punishable by 6 to 15 years’ imprisonment.

• 141¹. Non-consensual Act of Sexual Nature

Involving a person against his or her will in an act of sexual nature, other than sexual intercourse, by using force or by taking advantage of a situation in which the person is incapable of resisting or comprehending the situation, is punishable by up to 5 years’ imprisonment.

• 143. Compelling a Person to Engage in Sexual Intercourse

• Engaging in sexual intercourse with a person against his or her will by exploiting the victim’s dependency on the offender, or by abusing influence or trust, without the use of force or in situations not covered under § 141, is punishable by 2 to 8 years’ imprisonment.
• The same act, if committed by a person previously convicted of an offense under this Division, is punishable by 3 to 8 years’ imprisonment.

• 144. Sexual Intercourse with a Descendant
• Engaging in sexual intercourse or committing another act of sexual nature by a parent, person holding parental rights, or grandparent with a child or grandchild is punishable by 2 to 8 years’ imprisonment.
• The same act, if committed by a person previously convicted of an offense under this Division, is punishable by 3 to 8 years’ imprisonment.

• 145. Sexual Intercourse or Other Act of Sexual Nature with a Child
• Engaging in sexual intercourse or committing another act of sexual nature by an adult person with a person under 14 years of age is punishable by up to 5 years’ imprisonment.
• The same act, if committed by a person previously convicted of an offense under this Division, is punishable by 2 to 8 years’ imprisonment.
• The same act, if committed by a legal person, is punishable by a pecuniary punishment.

• 145¹. Buying Sex from Minors
• Engaging in sexual intercourse or committing another act of sexual nature with a person under 18 years of age for monetary payment or any other benefit is punishable by up to 3 years’ imprisonment.
• The same act, if committed against a person under 14 years of age, is punishable by up to 5 years’ imprisonment.
• The act specified in subsections (1) and (2), if committed by a person previously convicted of an offense under this Division, is punishable by 2 to 8 years’ imprisonment.
• The same act, if committed by a legal person, is punishable by a pecuniary punishment.

• 147. Inability of Person Under 10 Years to Comprehend

Within the meaning of the offenses provided for in this Division, a person is deemed incapable of comprehension if he or she is under 10 years of age.

• 153¹. Sexual Harassment

An intentional physical act of sexual nature against the will of another person, committed against him or her with degrading objectives or consequences, is punishable by a fine of up to 300 fine units or by detention.

5. Acquisition, Possession or Distribution by a Cleric of Pornographic Images of Minors

“Child pornography” means any representation of a minor, regardless of the means used, involved in explicit sexual activities, whether real or simulated, and any representation of sexual organs of minors for primarily sexual purposes. Engaging in child pornography is a criminal offense under Chapter 11 Section 2 of the Estonian Penal Code (cf. Child Protection Act § 25 and Penal Code § 175) and constitutes a very serious offense under the Church’s own law. The Motu Proprio SST (art. 6, § 1, 2°) states that: “The acquisition, possession, or distribution by a cleric of pornographic images of minors under the age of eighteen, for purposes of sexual gratification, by whatever means or using whatever technology” should be counted among the most grave delicts against morals which are reserved to the Dicastery for the Doctrine of the Faith.

In addition to this, if a priest – or another person working in the Church – is suspected of being guilty of child pornography offenses, this shall be communicated to the police. The Estonian Penal Code paragraphs corresponding to these provisions are cited below:

• 178. Manufacture of works involving child pornography or making child pornography available

(1) Manufacture, acquisition or storing, handing over, displaying or making available to another person in any other manner of pictures, writings or other works or reproductions of works depicting a person of less than eighteen years of age in a pornographic situation, or a person of less than fourteen years of age in a pornographic or erotic situation, is punishable by a pecuniary punishment or up to three years’ imprisonment.

(¹1) The same act, if committed by a person who has previously committed a criminal offense provided for in this section or §§ 175, 175¹, 178¹ or 179, is punishable by one to three years’ imprisonment.

(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

• 178¹. Agreement of sexual purpose for meeting with child

(1) Making a proposal for meeting a person of less than eighteen years of age who was not capable of comprehending the situation, or a person of less than fourteen years of age, or concluding an agreement to meet him or her, and performance of an act preparing the meeting, if the aim of the meeting is to commit an offense of sexual nature provided for in §§ 133, 133¹, 141–145¹, 175, 175¹, 178 or 179 of this Code with respect to the specified person, is punishable by a pecuniary punishment or up to three years’ imprisonment.

(¹1) The same act, if committed by a person who has previously committed a criminal offense provided for in this section or §§ 175, 175¹, 178 or 179, is punishable by one to three years’ imprisonment.

(3) In the case of the criminal offense provided for in this section, if committed by a person previously convicted of the same or the aforementioned sections, the sentence imposed shall not be enforced conditionally in full.

• 179. Sexual enticement of children

(1) A person who hands over, displays or otherwise knowingly makes available pornographic works or reproductions thereof to a person of less than 14 years of age, or shows sexual abuse to such person or engages in sexual intercourse in the presence of such person or knowingly sexually entices such person in any other manner shall be punished by a pecuniary punishment or up to three years of imprisonment.

(¹1) The same act, if committed by a person who has previously committed a criminal offense provided for in this section or §§ 175, 175¹, 178 or 178¹, is punishable by one to three years of imprisonment.

(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.

We would also like to point out that certain acts that are not criminal in accordance with the civil law may constitute sexual abuse according to the Church’s own law, Canon Law, and therefore can give rise to an ecclesiastical investigation and an ecclesiastical punishment.

6. Signs of Child Abuse

 

Few children disclose on their own that they have been victims of sexual abuse. They often experience shame, anxiety, and fear, and may even believe that they themselves are at fault. Frequently, there are no visible physical signs. According to experts in child and adolescent psychiatry, there is no specific “sexual abuse syndrome”—that is, no set of symptoms that appears exclusively in abused children and never in those who have not been abused. The manifestation of certain features in individual children can be influenced by various factors, such as age, gender, personality, the nature of the abuse, and its duration. These signs may also overlap with symptoms of mental health disorders stemming from other causes.

Nonetheless, two behavioral patterns should always raise suspicions of sexual abuse when no other explanation is evident:

• Sexualized behavior (i.e., sexual behavior that is inappropriate for the child’s developmental stage, is persistent and difficult to redirect, and shows an almost obsessive focus);
• Post-traumatic stress symptoms (i.e., a chronic stress condition resulting from severe trauma that the child has not been able to process or integrate).

Examples of sexualized behavior may include:

• Provocative sexual behavior that does not correspond to the child’s level of maturity;
• An exaggerated or obsessive interest in sexuality;
• Compulsive masturbation.

Possible social or emotional indicators (which may also appear in other forms of abuse):

• Difficulty establishing or maintaining relationships with peers and/or adults;
• Apparent emotional detachment from parents or other children;
• Withdrawn and silent behavior; the child may appear hyper-vigilant, especially around adults;
• An excessive need for affection or physical closeness;
• An intense fear of being touched.
• Learning and behavioral difficulties

It is important to note that no single behavior or symptom constitutes definitive proof that a child has been sexually abused. Therefore, while these signs may raise concern, they should never be taken as conclusive proof of abuse without further investigation by competent professionals. However, it is essential to remain attentive to signs that may suggest the child is trying to communicate distress or trauma.

7. The Possibility of Recognizing a Perpetrator

 

There is a common but false assumption that individuals who sexually abuse children behave in strange or obvious ways and are therefore easy to detect. On the contrary, experience shows that perpetrators often appear to be very “ordinary” people. There is no simple profile of an offender, nor a definitive pattern that allows for reliable identification. However, without implying that these traits are always present, certain characteristics have been observed in individuals who, when given the opportunity, may commit sexual abuse against minors:

• They may come from any social class, profession, or economic background;
• They often actively seek out roles or activities (e.g., work or volunteering) that bring them into regular contact with children;
• They are usually perceived as “nice,” friendly, or helpful individuals;
• They tend to “specialize” in children of a specific age group, and often show a preference for either boys or girls exclusively;
• They are frequently familiar with youth culture, such as current music, trends, or interests, which allows them to build rapport with children;
• They are good at identifying vulnerable, isolated children who may be particularly receptive to adult attention and emotional connection;
• They often attempt to “win over” a child by offering things the child cannot otherwise afford or obtain, such as alcohol, cigarettes, clothing, or a mobile phone—sometimes even something as simple as a bag of chips;
• They tend to seek relationships with children who exhibit behavioral or learning difficulties, suffer from mental health issues, or are inadequately supervised by parents or teachers—often because they are labeled as “difficult” or “problematic.”

However, it is important to avoid unjust suspicion or stigmatization of individuals based solely on personality traits, appearance, or style. The presence of one or more of the characteristics listed above does not, in itself, justify an accusation or presumption of guilt.

8. Diocesan Responsibility for Handling Accusations

 

The primary responsibility for addressing cases of sexual abuse of minors rests with the Diocesan Bishop. If an allegation appears credible, the Diocese will initiate a preliminary investigation. The Bishop has delegated the task of receiving reports of alleged sexual abuse of minors and conducting the preliminary investigation to the General Vicar.

The General Vicar shall act without delay if he deems the allegation or suspicion of abuse to be reasonably founded. If necessary, he may consult professionals with relevant expertise, such as psychologists, canon or civil lawyers, or the diocesan communications officer.

However, all investigations must be conducted with full respect for the principles of confidentiality and the good reputation of all parties involved.

9. Suspicions of Sexual Abuse

 

The Bishop of the Diocese of Tallinn is firmly committed to transparency, accountability, and cooperation with state authorities in the investigation and prosecution of these crimes. In accordance with this commitment, we emphasize that all reasonable suspicions that a cleric or employee of the Diocese has committed sexual abuse must be reported to the police and to social services, in compliance with the requirements of Estonian law.

At the same time, anyone—with the exception of a priest who becomes aware of the matter in the Sacrament of Confession—who knows of or reasonably suspects such a crime has occurred, should report the matter as soon as possible to the Bishop or to the General Vicar. Alongside the appropriate investigation of the allegation, the pastoral care of the alleged victim is to be a primary concern of the Diocese.

If someone—again excluding the priest bound by the sacramental seal—learns that another person has an allegation or suspicion of sexual abuse, and that the person is unwilling or unable to contact the Bishop or the General Vicar, the one with knowledge has a moral obligation to report it. This intention should be communicated clearly to the person who holds the allegation or suspicion. No promises of confidentiality may be made in such cases.

Within the Diocese, the Bishop bears ultimate responsibility for submitting the report to the police and notifying social services. Anyone with knowledge or suspicion of abuse may also refer the matter directly to the Bishop or to the General Vicar, who will determine whether a police report is appropriate. However, everyone has the right to report a case of sexual abuse to the police. If a person has serious reason to believe that the Bishop or the General Vicar has failed to act appropriately or has covered up the matter, he or she is encouraged to report the case directly to the Dicastery for the Doctrine of the Faith or to the civil authorities, without fear of reprisal. The protection of children always takes precedence.

The person making the report is to be treated with respect, dignity, and pastoral care. In cases where sexual abuse is connected to another grave delict against the dignity of the Sacrament of Penance (cf. SST art. 4), the individual making the report has the right to request that his or her identity not be disclosed to the accused cleric (cf. SST art. 24).

However, unless there are serious reasons to the contrary—such as the case mentioned above—even during the preliminary investigation, the accused cleric must be informed of the allegation and given an opportunity to admit, deny, or explain the facts presented. The accused will be informed of the right to obtain both civil and canonical legal counsel. The Diocese will also ensure pastoral accompaniment for the accused cleric and will encourage him to identify a personal support person.

The accused cleric is presumed innocent until proven otherwise. An allegation will not be made public by the Diocese unless the cleric admits the offense, is subject to criminal prosecution, or there is a civil or canonical determination of guilt.

It must be noted that if a priest becomes aware of sexual abuse during the Sacrament of Confession, he is bound by the inviolable seal of confession. However, the priest should strongly encourage the penitent to report the abuse outside the confessional. While the Estonian Penal Code (§ 4, §§ 306–307) establishes a general obligation to report first-degree criminal offenses, and the Child Protection Act (§§ 26–27) imposes a duty to report a child in need of assistance, these legal obligations do not override the absolute confidentiality of the confessional seal as upheld by the Catholic Church.

10. Support for the Victim and Other Affected Persons

 

The Diocese, in coordination with social services, will offer support and assistance to children who have been victims of sexual abuse. Recovering from such trauma can be a long and difficult process. The Diocese will contribute—including financially, where appropriate—to ensure that the victim has access to professional support and therapeutic care.

This assistance shall also extend to others directly affected by the abuse, such as the victim’s family members. In addition, the Diocese will provide information and, when needed, pastoral care to other individuals indirectly impacted by the incident, such as parishioners or members of a youth group.

11. Actions Against the Person Accused or Suspected

 

The safety of children must take precedence over all other considerations. When an accusation is made against a cleric, an employee, or a volunteer of the Diocese of Tallinn, and a police report and notification to the appropriate social services have been filed, the Bishop shall take all necessary measures to ensure that no risk of abuse remains during the investigation. These measures may include temporary suspension from duties, removal from ministry or other responsibilities, or any other precautionary steps deemed necessary to protect children. If the Bishop himself is the subject of an accusation, he should step aside from his duties for the duration of the investigation.

The investigation shall proceed as follows:

a. When a person alleges that he or she has been the victim of sexual abuse by a cleric or employee of the Diocese, the General Vicar shall invite the person to a meeting at a time and place of the person’s choosing to discuss the allegation.

b. During this meeting, the person must be treated with dignity and respect. The individual shall be welcomed, listened to, and supported, and shall be offered spiritual and medical assistance. The protection of the person’s privacy, reputation, and personal data must be ensured. If the alleged victim is a woman, a female representative of the Diocese shall also be present.

c. Without prejudice to the sacramental seal, pastoral workers, assistants, and volunteers who become aware that a minor may have been subjected to exploitation, sexual abuse, or mistreatment must report this to the Bishop directly or through the General Vicar.

d. The General Vicar shall ask the person to submit a written statement formalizing the accusation or suspicion of abuse.

e. If the accused person is a cleric incardinated in another diocese, or a member of an institute of consecrated life or society of apostolic life, the General Vicar shall forward the report without delay to the competent Ordinary or Major Superior.

f. If the report is not manifestly unfounded, the General Vicar shall remove the accused from ministry or pastoral activity and initiate a prompt and thorough investigation.

g. During the course of the investigation, the nature of the alleged conduct, the personal data and age of the alleged victim, the harm suffered, and any possible connection to the sacramental forum shall be examined. Relevant documents, testimonies, and evidence from environments where the accused has served may be collected.

h. Upon conclusion of the investigation, the General Vicar will present a report to the Bishop, who shall evaluate the credibility of the person making the allegation, the credibility of the accused, and determine the appropriate steps to be taken.

i. If the accused is a cleric, a canonical preliminary investigation must be initiated within 30 days of receiving the report, unless there are serious reasons that justify a delay. Any delay must be documented in the case file.

j. Once this investigation is completed, the Bishop must refer the case to the Dicastery for the Doctrine of the Faith. Unless the Dicastery reserves the case to itself for particular reasons, it will instruct the Bishop on how to proceed (cf. SST, art. 16). These instructions concern canonical procedures and possible ecclesiastical penalties only and do not interfere with the civil judicial process. Canonical penalties may include dismissal from the clerical state, meaning the priest may no longer function as a minister of the Church (cf. SST, art. 6, §2).

The victim has the right to participate in the canonical proceedings as an injured party, and therefore may submit a claim for reparation for personal harm suffered as a result of the offense, within the same canonical process (cf. CIC, can. 1729).

Even if the offense is time-barred under civil law (cf. Estonian Penal Code § 81), a canonical investigation must still be conducted. Under Canon Law, the statute of limitations (prescription) for the sexual abuse of minors is twenty years, calculated from the date the victim reaches the age of eighteen. However, the Church may, in individual cases, derogate from this prescription.

A person designated by the General Vicar shall maintain regular contact with the accused, provide pastoral support, and keep him informed of the progress of the investigation.

12. After Completion of the Investigation

 

A legal investigation may result in different outcomes, each of which has significant implications for how the Diocese responds to an individual accused of committing sexual offenses against minors. Four principal scenarios can be distinguished:

1°) The court dismisses the charges, and the Diocese believes that the accused did not commit sexual abuse. In such cases, the Diocese should take all appropriate steps to restore the good name of a cleric who has been wrongfully accused. If warranted, the Diocese may also consider reporting the name of the person who made the false accusation to the authorities.

2°) The accused is convicted in court of a sexual offense. As soon as a final judgment is issued, the Diocese shall proceed in accordance with the measures described below.

3°) The court dismisses the charges, but the Diocese determines that there remains reasonable doubt as to whether the person should continue in ecclesiastical ministry.

4°) The police investigation is closed without charges being brought before the court.

In scenarios 2°, 3°, and 4°, the General Vicar shall conduct a risk assessment in consultation with civil authorities to evaluate whether—and under what conditions—the individual may continue in service within the Diocese. The conclusions of this assessment shall be submitted to the Bishop as a formal recommendation.

However, the return of a cleric to public ministry is categorically excluded if such ministry would pose a risk to minors or cause scandal to the faithful.

Furthermore, if a cleric is found to have committed sexual abuse, the Diocese will strongly encourage him to undergo a diagnostic evaluation and to share the results with the Bishop. In general, he will be expected to participate in treatment and an ongoing program of personal formation and accountability. Any decisions made by the Bishop concerning the future of the cleric will be guided by the principle of safeguarding others from possible harm.

The Diocese also commits to ensuring appropriate pastoral care for the convicted cleric, recognizing his dignity while prioritizing the protection and well-being of others.

13. Counseling

 

As previously stated, the Diocese, in collaboration with social authorities, will provide support and assistance to those who have been abused and to their families. If the victim or their family is in need of specific pastoral care, the Diocese will ensure that such help is offered without delay. This support may include both pastoral accompaniment by clergy or trained laypersons and professional therapeutic assistance by qualified mental health practitioners. The Diocese will clearly distinguish these roles and ensure that victims and their families are aware of the types of help available.

Other individuals within the environment where the abuse occurred may also require special pastoral attention. The Diocese will be particularly attentive to the pastoral needs of the parish or community in which the accused person exercised ministry. If the Diocese—or an appropriate canonical or civil authority—determines that the allegation is substantiated, the Diocese will issue a pastoral invitation to other potential victims of the accused, encouraging them to come forward and seek support.

A person designated by the Bishop shall maintain ongoing contact with the person who made the allegation, ensuring they are kept informed and accompanied throughout the process of investigation.

14. Prevention

 

All groups, parishes, organizations, and other entities under the jurisdiction of the Diocese that work with children and young people must be familiar with, implement, and comply with the instructions outlined in this document.

Training on the prevention of abuse and on how to respond to situations of abuse or accusations must be incorporated into all formation programs for individuals who will work with children and youth.

The risk of both abuse and false accusations of abuse can be mitigated through a variety of practical measures, including but not limited to the following:

• As far as possible, an adult should not be alone with a child or adolescent in a situation where others cannot observe them. This protects both the adult and the minor.
• Every effort should be made to ensure that two adults are present during activities involving children or youth, particularly if such activities take place outside the parish building or when no other events are occurring simultaneously on parish premises. Individuals working with minors should not arrange private meetings with a child or adolescent outside the context of official group activities.
• Activities with youth should take place in well-lit, open, and accessible spaces. Adult leaders should supervise minors until they leave the church or parish facility.
• When transportation is necessary, attempts should be made to have more than one passenger per vehicle. Group outings should include a common meeting point for drop-off and pick-up of children and youth.
• Special caution should be exercised when arranging accommodation for children and adolescents, whether for retreats, pilgrimages, or events. A child or youth should never be housed alone with an adult. In home-stay situations, at least two minors should be placed together in a room.
• Due prudence should be exercised in all communication with minors, including by telephone, email, or social networks.
• Parents or legal guardians should be informed in advance of any planned activities involving minors, along with their practical arrangements.
• Minors should not be photographed or filmed without the prior written consent of their parents or guardians. Likewise, images in which a minor is clearly identifiable should not be published or shared—including via websites or social networks—without such consent. All written consents for participation, photography, or filming of minors must be securely stored in the diocesan archives or in the records of the responsible parish or organization. Access to this documentation shall be restricted and handled in accordance with civil data protection regulations.

These precautionary measures are intended to safeguard minors and protect adults from false allegations. They apply to everyone without exception—priests, employees, volunteers, and others. It is easy to fall into a false sense of security, believing that abuse or false accusations could not happen within our Church. However, realistic awareness and responsible planning are essential to reduce both risks. It would be naive to assume that such incidents are not possible in our ecclesial context.

 

15. Summary of the process

1. When a person reasonably suspects that sexual abuse has been committed by a cleric or employee of the Diocese of Tallinn, it must be reported as soon as possible to the police and the social services, and to the General Vicar.

2. The General Vicar will meet the person who alleges that he or she is a victim of a cleric or employee of the Diocese of Tallinn, at a time and place of the person’s convenience, to discuss the allegation.

3. The General Vicar shall ensure the preparation of a written statement of the accusation or suspicion of abuse.

4. The General Vicar shall inform the Bishop of the allegation and of the steps being taken to address it, unless the Bishop is himself the subject of the report.

5. The General Vicar shall carry out a diligent preliminary investigation into the allegation.

6. The Diocese of Tallinn shall retain a secure record of all documentation related to the allegation and the proceedings, ensuring it is preserved for future reference, including any subsequent canonical or civil action.

7. The General Vicar will ensure that there is no ongoing risk of harm to minors during the investigation, taking whatever measures are necessary—such as temporary removal from ministry, suspension from duties, or restriction of access to children—to safeguard minors.

8. The accused person shall be informed of the allegation and given the opportunity to admit, deny, or explain the facts presented by the accuser.

9. The accused shall be informed of his or her right to engage both civil and canonical legal counsel.

10. A person designated by the General Vicar shall maintain regular contact with the accused during the process, offering pastoral support and providing updates on the progress of the investigation.

11. The Diocese will ensure the pastoral care of the accused, and he or she will be encouraged to designate a support person.

12. The victim shall be informed of his or her right to participate in the canonical process as an injured party and to bring a civil claim for reparation within the same canonical trial (cf. CIC, can. 1729).

13. The Diocese will offer spiritual and professional support, both now and in the future, to the victim. A person designated by the General Vicar shall maintain ongoing contact and provide updates on the status of the investigation.

14. All information relating to the allegation, the investigation, and its outcome shall be handled with strict confidentiality, in accordance with Canon Law and civil data protection legislation.

15. Upon completion of the preliminary investigation, the General Vicar will present a written report to the Bishop, including his assessment of the credibility of the accuser and the accused, and recommendations for further action.

16. If the accused is a cleric, a canonical preliminary investigation must be initiated within 30 days of receiving the report, unless serious reasons justify a delay. Any such delay shall be documented.

17. If the allegation appears credible, the Bishop shall refer the case to the Dicastery for the Doctrine of the Faith.

18. The Dicastery for the Doctrine of the Faith will instruct the Bishop on how to proceed with the canonical process.

19. An allegation will not be made public by the Diocese unless the accused admits guilt, or civil or canonical proceedings are initiated or result in a declaration of guilt.

20. In such cases, the Diocese will attend to the pastoral needs of the parish or community where the accused served.

21. If guilt is confirmed by a civil or canonical authority, the Diocese will issue a pastoral invitation for any other victims to come forward.

22. If the accusation is dismissed by civil authorities and the Diocese believes the person is innocent, steps shall be taken to rehabilitate the good name of the falsely accused.

23. If the civil investigation is closed without prosecution, but the Diocese considers that doubts remain, the General Vicar shall conduct a risk assessment and submit a recommendation to the Bishop concerning the accused’s future service.