Panel: ECCLESIAL ORDER(S) FOR THE THIRD MILLENNIUM



482.2 - FROM COERCION TO CONSENT: REALIGNING CANON 1395 § 3 CIC/83

AUTHORS:
Albracht M. (Rhenish Friedrich Wilhelm University of Bonn ~ Bonn ~ Germany)
Text:
This paper examines the divergence between secular legal systems' transition from coercion-based to consent-based definitions of sexual assault and the current provisions of Canon 1395 § 3 CIC/83. The canon, addressing sexual abuse of persons of full age, penalizes clerics who commit such acts through violence, threats, or abuse of authority. While this approach focuses on coercive circumstances, it overlooks the centrality of consent as a safeguard of personal autonomy. The paper argues for the necessity of adapting Canon 1395 § 3 to incorporate a consent-based framework, ensuring that canonical law aligns with evolving standards of justice, the protection of human dignity and sexual self-determination.