In 2018, the country launched an investigation into sodomy in the Spanish and Spanish Church database Updated with all known cases. If you know of any case that has not come to light, you can write to us: Abuse@elpais.es. If this is the case in Latin America, the trend is: Abuseamerica@elpais.es.
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The Vatican and the Spanish Church were held for four months in that position and in contact with minors by the Bishop of Cadiz and Ceuta, Rafael Zornoza, who was canonically investigated for child abuse in the 1990s when he was a priest and director of the Getafe Theological School in Madrid. The case, already established in the criminal justice system, came before Santa Sede this summer, when the victim mailed a complaint to the Doctrine of the Faith Service, which gave credibility to the victims and ordered an investigation. At that moment, according to the consultation of legal lawyers and before the seriousness of the case, it was possible to take precautionary measures, such as removing him from his position. It is also possible that this will happen later, when the investigation begins in Spain. But the matter was not lost, as the crisis that erupted with this case represented the first test for Leon XIV at the time of investigating his actions before the sodomy scandal in the Spanish Church, which Francisco never wanted to face.
Specifically, one of the main recommendations of the Holy See’s Pontifical Commission on Minors in its latest report, submitted last month, was to expedite the removal of priests involved in abuse cases. The entity stressed “the importance of having a simplified protocol to reduce or isolate leaders or church employees in cases of abuse or neglect.”
After learning of the case last month, and following an investigation by El Pais newspaper, Zornoza denied the accusations and suspended his schedule “in order to clarify those who suffer” and deal with the cancer from which he announced – for the first time – that he was suffering. But nothing prevents him from communicating with minors, and the Spanish Conference of Bishops has also removed him from his positions in the institution.
In the obispo blog, where he comments on the Gospel, the incident meant that this month’s reading was Lucas’s story in which Jesus told his disciples that he had shocked even the little ones “but it was worth it that he was a bungan in the cave, a stone of mole and sea thrown into the sea.” Zornoza’s comment was: “A call to courage and responsibility towards others, above all towards the weakest, and to those who are strongest. (…) There are so many men and women who end up ruined, neglected and overthrown in a patrimonial and selfish society…. This is what we owe to that earth? Tolerance, which does not mean lies, but love in truth.”
The Catholic Church had an easy solution for Zornoza to give up his position. He was 76 years old and completed 75 years of age and submitted his resignation to the Pope, who established the church rules. Normally, the Pope would like to give an extension of a few years, but in this case, after learning of the complaint, it was possible to agree to act quickly before the accusations. Specifically, as stated in Article 1722 of Canon Law, the precautionary measures are to “avoid scandals, defend freedom of testimony and ensure the administration of justice.”
However, at the Doctrina de la Fe and the Dicastery of the Obispos, where a complaint of this kind should automatically be sent, they ordered its dismissal. Recently, as happened with Francisco, the Vatican mechanism and the dioceses in each country work independently, and not always in harmony with the Pope. The Archbishop of Seville also acted, and the Vatican was responsible for directing the investigation in the last month of July to be the headquarters of the Diocese of Cadiz. In Seville, diocese sources confirmed that “it was decided to refer the case to the Rota Court.” Sending a file to this body, which is affiliated with the Nuncio – the Nuncio of Santa Sidi in Spain – is an option the diocese will consider if it prefers not to deal with a complex complaint. This institution, which is now handling the preliminary investigation, also fired Zornoza from her jobs.
The Vatican Press Office, which was consulted in this regard, explained that no precautionary measures have been taken pending the evaluation of the preliminary investigation, and they will be taken when it is determined whether they apply. “This is not always the case, it is not automatic, and it is assessed on a case-by-case basis,” explains the spokesperson.
In the Spanish Episcopal Conference (CEE), Zornoza is a member of the Episcopal Commission for Missions and Cooperation with Churches. The Central European Commission has confirmed to EL PAÍS that the Obispo of Cádiz and Ceuta continues to perform this task in the Commission and that it does not have the authority to dismiss it, but that it must be the Rota Court that requests it. Archbishop Luis Argüello said this month that the conference has no canonical authority over the bishops, but it is the Holy See that: “We do not get along with our fellow human beings.”
Zornoza’s position in the EEC contrasts with a very recent precedent: in another case known last week, the accused priest was dismissed within two months, but with Obispo Cádiz, he served four years and is still in office. Central and Eastern Europe has fired its pastoral prison director, Jesuit José Antonio García Quintana, after his congregation received a complaint against him for sodomy last month in July. A CEE spokesperson said: “In this case, it was the company that instigated this action.”
In this case, the Jesuits were not aware of the accusation and in July, after conducting “first internal investigations” and completing reliable testimony, they parted ways with the priest in September, reported the case to the Tax Office and informed the Central Committee for Europe, which withdrew their positions.
The seriousness of the accusations in confession
The experts consulted confirm another aspect of the complaint, in addition to the accusations of abuse, which is also legally serious: the use of secret confession. The victim asserted in the complaint that he confessed to Zornoza and it was another moment of “manipulation and control.” The complainant said that during his confession he felt a great feeling of guilt “and it made me see that I was incapable of loving or understanding friendship”. “After I confessed to my homosexual acts, I went to bed and a few minutes later, he came into my bed and fondled me,” he says.
In this sense, Article 1385 of the Spanish Canon Law: “A priest who, during confession, or on the occasion of it, asks the penitent to commit a sin against the sixth commandment of the contract, must be punished, according to the seriousness of the crime, by suspension, prohibition or excommunication; and in the most serious cases, he must be expelled from the religious state.” It is also mentioned in Article 4.4 of the Rules on the Most Serious Crimes reserved for the Doctrina de la Fe, where it states that among them is “the request for sin against the sixth commandment of the Ten Commandments during confession or on the occasion of or under pretext thereof (…), if this request is directed at sin with the confessor’s soul.”
In the past four months, since the Vatican ordered the investigation opened, Zornoza has continued to communicate with minors. The most recent was last July, in the Salesian Jadeite Shrine, where the bishop confirmed the presence of 18 young people. Thus, it appears in pictures on social media sites such as Instagram, where the bishop is surrounded by children and they impose communion in front of him. The accused was also posting on his X profile (formerly Twitter) pictures of some religious meetings and celebrations with young people.
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