Proposed Amendment in
the Presbyterian Church - 2000
This is a proposed amendment to the law of the Presbyterian Church that would
affect ecclesiastical cases of misconduct in which the offender is being
disciplined, including cases of clergy sexual abuse. This proposal would permit
the judicial panel to include a recommendation of restitution by the offender to
the victim(s).
Overture
00-53. On Amending Chapter XII of the Rules of Discipline to Permit a
Recommendation of Restitution by the Offender to the Victim(s) of the Offense
-- From the Presbytery of Genesee Valley.
http://horeb.pcusa.org/ga212/overtures/ovt00-53.htm
Presently, the Church's disciplinary process is heavily oriented
toward the offender. Guilt/innocence is framed in relation to
violating church law. The violation of the victim is secondary to
the violation of the law. While a victim may receive vindication and
validation through a judicial finding of the offender's guilt, there
are no provisions for addressing the harm done to the victim by the
offender. The post-trial discipline is also offender-focused, and is
intended toward goals like rehabilitation. The well-being of the
victim is not formally addressed.
This proposal would allow for a more relational approach to
justice-making. It would allow the person who was victimized to also
be considered in the post-trial phase, rather than just the
offender. If the offender were to voluntarily make restitution to
the victim, e.g. underwriting counseling costs related to harm
inflicted by clergy sexual exploitation, it would help right the
wrong that was done. And it would be a tangible sign of the offender
assuming responsibility for the harm that resulted from the
behavior.
This will be voted on when the national church meets in Long Beach, CA, June
24-July 1, 2000.
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