On 12 November 2025, the Jesuit Conference of Africa and Madagascar (JCAM) hosted an essential webinar on “Case Management in Safeguarding: Experiences, Challenges, and Recommendations.” The session was led by Fr. Benoît Malvaux, S.J., Procurator General of the Society of Jesus, who offered a deep, structured, and practical exposition on how the Church handles allegations of sexual abuse—focusing on canonical legislation, procedural steps, and the African Context.
This article offers a detailed summary of his presentation. It highlights key takeaways essential for Church leadership, safeguarding officers, religious institutes, and all who are committed to protecting minors and vulnerable adults.
1. Evolution of Canonical Legislation on Sexual Abuse
Fr. Malvaux, SJ, began by tracing the historical development of canonical norms on sexual abuse, starting with the 1983 Code of Canon Law. At that time, the Church already recognized sexual abuse of minors as a delict. Still, implementation was weak due to misconceptions, poor awareness of the long-term harm to victims, and concerns about protecting the Church’s reputation.
A significant shift occurred with Pope John Paul II’s 2001 motu proprio Sacramentorum Sanctitatis Tutela. This document:
- Elevated sexual abuse of minors by clerics to a grave delict under the authority of the Congregation for the Doctrine of the Faith (CDF).
- Redefined a minor as anyone under 18, raising the previous threshold of 16.
- Required ordinaries to report allegations with a semblance of truth to the CDF.
Further developments strengthened church law:
2010 Reforms under Pope Benedict XVI
- Included sexual abuse of adults who “habitually lack the use of reason.”
- Criminalized acquisition of pornographic images of minors under 14.
2021 Reforms under Pope Francis
- Extended the pornography provision to all minors under 18.
- Introduced sweeping reforms to Book VI of the Code of Canon Law, shifting sexual abuse from violations of chastity to crimes against human life, dignity, and freedom.
- Added a new delict: sexual abuse of an adult through abuse of authority, especially relevant in cases involving superiors, formation directors, parish priests, or lay leaders with pastoral power.
These developments highlight a crucial shift: the Church now prioritises the dignity and well-being of victims, rather than simply the protection of clerical status or institutional image.
2. What Happens When a Complaint Is Reported?
The second part of Fr. Malvaux’s, SJ, presentation focused on the procedural handling of allegations, emphasizing compassion, prudence, and justice.
a) Receiving a Complaint
A report can come from:
- The victim
- Parents or family members
- Witnesses
- Police or civil authorities
- Media reports
- Even the perpetrator (rare)
Regardless of the source, Church authorities must treat the complainant with empathy, not suspicion.
b) The Preliminary Investigation
Once an allegation is received, the ordinary (bishop or religious superior) must determine whether the claim has a sufficient semblance of truth. If so, a preliminary investigation is opened. Key actions include:
- Issuing a decree to begin the investigation
- Appointing a delegate and a notary
- Interviewing the victim (when appropriate), the accused, and witnesses
- Consulting civil authorities when necessary
- Considering the victim’s preference regarding reporting to state agencies
The goal at this stage is NOT to determine guilt, but to establish whether the allegation is plausible.
c) Cooperation With Civil Authorities
If the case is under civil investigation, the Church typically waits for civil proceedings to conclude. This:
- Avoids interference
- Allows the use of civil findings, which often provide more substantial evidence
d) Precautionary Measures
During investigations, the ordinary may impose restrictions such as:
- Removing the accused from the ministry
- Prohibiting contact with minors
- Limiting public liturgical functions
These are not punishments, but safeguards to protect communities and reduce scandal.
e) Outcomes After Investigation
After reviewing the findings, the ordinary may:
- Close the case if the allegation is unlikely.
- Forward the case to the Dicastery for the Doctrine of the Faith (DDF) for grave delicts.
- Begin a penal administrative process.
Outcomes range from acquittal to administrative measures to dismissal from the clerical state.
3. Safeguarding Realities in the African Context
Fr. Malvaux, SJ, offered a rare and candid reflection on African contexts based on his 11 years of experience.
Very Few Cases Reported from Africa
Out of about 120 global cases handled in his tenure, only two came from Africa, despite over 1,900 African Jesuits. This low number does not mean abuse is rare.
Possible contributing factors include:
- Cultural hesitancy to report priests or religious
- Fear of community backlash
- Dependence on clergy for social and spiritual support
- Poor understanding of reporting procedures
- Limited confidence in civil justice systems
- Local “codes of silence” or omertà
Complexities in African Cases
Cases from Africa often involve:
- Conflicting testimonies
- Witness intimidation
- Social pressure on victims to retract
- Challenges arising from armed conflict or political instability
These realities underscore the need for contextually relevant safeguarding frameworks and stronger community education about the importance of reporting abuse.
Conclusion: Strengthening Safeguarding Across Africa
Fr. Benoît Malvaux, SJs, presentation demonstrates that safeguarding is both a legal process and a pastoral responsibility. The Church has significantly strengthened its laws, improved its procedures, and emphasised the protection of minors and vulnerable adults. Yet Africa’s low rate of reporting highlights critical cultural and structural barriers that need continued attention.
Key recommendations include:
- Ongoing formation for clergy and religious on safeguarding
- Community sensitisation to overcome fear and silence
- Strengthening reporting structures in dioceses and congregations
- Building trust between church communities and civil authorities
- Ensuring victim-centred approaches at every stage
Safeguarding is a mission of justice, healing, and accountability. As the Church in Africa continues to grow, the responsibility to protect all God’s people remains central to its witness.
