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Possible penalties for nun in Asumbi assault case, according to Catholic Law

The Franciscan Sisters of St. Joseph condemned the incident in which one of their members was filmed physically assaulting a younger Sister at St. Theresa’s Convent, Asumbi.
An AI-generated image of Catholic sisters in confrontation
An AI-generated image of Catholic sisters in confrontation

A recent video went viral of a nun physically assaulting a younger sister, sparking outrage and prompting a swift public response from the Franciscan Sisters of St. Joseph.

The Congregation's statement, signed by Superior General Sr Mary Goretty Ochieng, FSJ, condemned the deeply regrettable incident as a personal failing that goes against their charism of joyful love, and compassion.

Every Catholic religious congregation is governed by its Constitution and Statutes, documents approved by the Vatican that outline rules of conduct, obligations, and discipline.

However, all religious institutes, including the Franciscan Sisters of St. Joseph, are also bound by the Code of Canon Law, the Catholic Church’s universal legal system.

According to Canon Law, disciplinary measures against a nun range from mild correction to dismissal from the congregation. The choice of action depends on the seriousness of the offence and the impact on the community.

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An AI-generated image of a Catholic sister

An AI-generated image of a Catholic sister

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The role of the religious superior

In cases involving a member of a religious institute, such as a nun, the process is typically initiated by the Major Superior, in this case, the Superior General, Sr Mary Goretty Ochieng.

The superior is responsible for conducting a preliminary investigation to determine if a canonical crime has been committed.

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Likely disciplinary measures

Given the nature of the offence, a nun assaulting a sister, the following disciplinary actions are likely to be considered:

  • Penances and penal remedies: The most immediate and pastoral recourse would be to impose penances. This could include activities such as prayer, fasting, or acts of charity. The Code of Canon Law, in Canon 1339, notes that penal remedies and penances are used to prevent offences or to substitute for or to augment a penalty.

  • Expiatory Penalties: These are intended to deprive the offender of some good. Examples include an order to live in a specific place (similar to house arrest), deprivation of a specific office or function, or a prohibition from living in a certain area.

    A fitting punishment might be to remove the nun from her current community and assign her to a different convent or a period of retreat.

  • Medicinal penalties (censures): The most serious penalties are censures, which are intended to bring about the reform of the offender.

    The three main types are excommunication, interdict, and suspension. While excommunication is a grave penalty usually reserved for very serious crimes, a more relevant censure in this context could be an interdict, which prohibits a person from receiving the sacraments.

An AI-generated image of Catholic sisters

An AI-generated image of Catholic sisters

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The superior's actions would be guided by the principle of proportionality, ensuring the punishment fits the crime while also providing a path for the offender's spiritual rehabilitation.

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