According to The Pillar, the prefect of the Dicastery for the Doctrine of the Faith, Cardinal Víctor Manuel Fernández, recently notified Pope Leo XIV about the progress of the Vatican working group studying the criminalization of spiritual abuse in canon law.
The cardinal, who described the process as “fruitful,” asked the Pope to confirm Archbishop Filippo Iannone as president of the group, despite his recent change of roles in the Curia. The continuity of the work suggests that the pontiff—a canonist by training—remains open to legally defining spiritual abuse as an autonomous offense within the Code of Canon Law.
Spiritual abuse: an ancient reality with new implications
The phenomenon of spiritual abuse is not new in the history of the Church. From the early centuries, it has been recognized that any authority—including religious authority—can be misused. Currently, canon law considers this form of abuse only as an aggravating factor in other offenses, especially those of a sexual nature.
Examples include the offenses of solicitation in confession or absolution of the accomplice in a sin against the sixth commandment, both typified precisely to protect the integrity of the spiritual realm from abuses.
Cardinal Fernández has pointed out on several occasions that spiritual abuse often appears as an aggravating factor in cases of sexual abuse, citing the scandal of the former Jesuit Marko Rupnik, accused of manipulating and spiritually and sexually abusing nuns for decades.
“We cannot make a law for a single case,” the prefect explained, “because that would limit the vision and affect the objectivity of the work.”
A new offense with legal limits
Although some observers speculate that the new offense could allow for retroactive prosecution of the Rupnik case, canonists consulted by The Pillar rule out that possibility. The principle of non-retroactivity prevents applying new laws to past facts. Therefore, even if the Pope promulgated a new offense of spiritual abuse, it could not be used to judge previous cases.
Moreover, introducing an unprecedented criminal figure raises complexities: legally defining what constitutes spiritual abuse and how to prove it. Unlike material offenses, this type of abuse usually occurs in subjective and relational contexts, which are difficult to prove in a judicial setting.
Practical challenges for canonical application
The creation of a new offense would require establishing competent authorities to receive complaints and conduct preliminary investigations. Given the nature of the cases, many dioceses would refer reports directly to the Dicastery for the Doctrine of the Faith (DDF), further saturating an already overburdened body with clerical sexual abuse cases.
Some canonists propose that the Dicastery for Legislative Texts (DTL) take on part of the task, preparing an application vademecum that clarifies criteria and limits. However, this would require coordination with the new prefect of that dicastery, who has not yet been appointed.
The background: recent cases and the urgency for clarity
The issue has gained momentum following various recent scandals. In addition to the Rupnik case, mentions include that of the priest David Nicgorski, accused of spiritually manipulating nuns before assaulting them, and the Argentine Ariel Alberto Príncipi, found guilty of abusing minors under the pretext of “healing prayers.”
These episodes have led to an internal reflection on the limits of spiritual accompaniment and spiritual direction, areas that, if misunderstood, can degenerate into moral, psychological, or sexual abuse.
A proposal with ecclesial and pastoral implications
If the working group succeeds in formulating a clear and viable definition of spiritual abuse, the Pope could approve a reform of the Code of Canon Law along with an interpretive manual. The challenge will be protecting victims without criminalizing the legitimate exercise of pastoral authority or creating an atmosphere of suspicion within spiritual accompaniment.
For now, Cardinal Fernández is maintaining the course of his proposal, and the Holy See is seeking to balance justice with prudence in a matter that directly touches the very essence of the relationship between pastor and faithful.