Below is a list of several specific questions that have actually been asked at such interviews. We will also discuss some important points to be kept in mind when reflecting on these questions and their answers.
Please note that this brief post is no substitute for having the assistance of a trained advocate with you during the interview. As has been discussed elsewhere, we do not recommend that an accused cleric go alone or unadvised into an interview. Nevertheless, if circumstances prohibit you from bringing along an advocate familiar with both the civil and the canon law aspects of preliminary canonical investigations, the following discussion may prove to be invaluable.
One preliminary comment: Participating in these interviews can be very stressful, and a great deal may ride on your responses. While most investigators will assert that they are only focused on getting at the “truth,” the legal reality is they are not objective third parties, and that anything you tell them can and will be used against you later. While they may tell you that what you tell them will be kept “confidential” or even subject to the “attorney-client privilege,” those are promises that they cannot fulfill. What an investigator writes about you may be handed over to state investigators, the media, or other parties without your permission. At times what an accused priest has told an investigator has led to the end of his ministerial priesthood. Thus an interview must be approached with great care.
Never forget, however, that you have rights that must be respected, and that your entire participation in any interview is completely voluntary. You can terminate it at any time if you feel unwell, or that you would rather conduct it in the presence of a civil attorney and/or canon lawyer. Remember too that you cannot be forced to take an oath or confess to anything (cf. c. 1728 §2 CIC83). You can always say: “I wish to stop now and continue this on a later date.”
1. “Tell me about yourself.”
Professional interviewers are trained how to elicit information from interrogations. One technique is to build a certain rapport with the one being questioned so that the target of the investigation lets his guard down. Be on the lookout for vague or broad questions such as this one, which should be met with a polite but firm request that a more appropriate question be asked: e.g., “Could you please explain what you mean by that?”
2. “Where did you go to seminary?” or “In what parishes/apostolates have you worked since you were ordained?”
These questions relate to information that is already contained in your personnel record on file with the diocese or religious order. It is unnecessary to state these known parts of the record to an investigator, and potentially even risky for you, especially if you forget certain items that the investigator believes to be significant. Thus, you should feel free to respond, politely but firmly, with something like the following: “These questions relate to information that should already be in your files, so I’d rather focus on what is really relevant to this inquiry.”
3. “What safe environment training have you received?” or “Are you acquainted with the current safe environment policy?”
“Safe environment” trainings or policies have become common in recent years, but their specific elements vary widely. Investigators often wish to probe a target’s knowledge of these policies so as to show a mismatch between what he has been taught and how he has behaved. Thus it is always wise to approach this type of question with caution. Feel free to respond if you have a documented record of attendance at mandated trainings (with certificates of completion, signed acknowledgment forms, etc.). If you do not have a perfect recall of these items, however, do not be afraid to insist that while you may not remember the specifics relating to such trainings, you are confident in your knowledge of the Sixth Commandment and how it relates to your conduct and duties as a priest.
4. “How is your health?” or “How do you handle stress?” or “Do you drink?”
You have every right to be cautious about questions relating to your personal life and privacy, and you are under no obligation to divulge personal things that could cause you or others close to you embarrassment or a loss of reputation (cf. cc. 220, 1548 CIC83). Keep in mind that you can always say, in response to any question that you do not feel comfortable answering, “I would rather not respond to that question, as is my right.”
5. “Did the accuser ever go to confession to you?”
Believe it or not, such questions have been asked of priests by people conducting preliminary investigations under canon law. Obviously priests cannot answer any questions that might jeopardize the sacramental seal, even if it would be in the priest’s interest to do so (cf. c. 983 CIC83). Priests who are asked this type of question should simply say: “I cannot respond to your question.”
6. “Have you spoken to anyone else about this matter?”
Frequently accused priests are admonished to say absolutely nothing to no one about the allegation. This can be frustrating, especially as the accused priest begins to hear “through the grapevine” certain details about the allegation against him from other sources! If a priest is told “to say nothing to no one” but nevertheless - and quite understandably - speaks to a trusted friend, counselor, or lawyer about the accusation and who does not wish to share this information with the investigator, you can simply respond: “I am not going to answer that question.”
7. “Why do you think the accuser has come forward now?”
The response to this type of question (very commonly asked!) is simple: “You will have to ask him/her.” Any further commentary on your part is not only useless, but potentially very damaging.
8. "I see that you aren't answering many of my questions. I am going to have to make note of that lack of cooperation in my report, and I feel duty bound to warn you that it might not reflect well on you."
This mild threat is very common and should not deter you in the least from continuing to politely but firmly assert your rights. Your presence at the interview is sign enough of your good will and your generous willingness to cooperate. You are under no obligation whatsoever to respond to questions that put you and your sacred priesthood at grave risk. The faithful who are closer to Christ as a result of your priestly ministry will be grateful for your prudent discretion in the face of such questioning.
These are some more types of other questions that may be asked:
- “Were you friends with the accuser?” (opens the door to exploring the nature of the relationship, with possible view toward “grooming” behavior)
- “Was it your habit to form friendships with parishioners or students? Why? Why with only some and not others?” (see above)
- "Do you have any photographs of you and the accuser? Do you have any letters, emails, or texts between you and the accuser? Can you produce these? Do you have photographs, letters, emails, or texts with other parishioners/students/etc.? Why? Why with only some and not others?" (see above)
- “How many times did you go to the accuser’s house for dinner?” (any discrepancy between accuser’s account and the accused is an open door)
- “Did you ever drink alcohol in the presence of the accuser?” (opens the door to claims of imprudence and/or possible intoxication affecting judgment)
- “Did you ever touch him/her?” “Did you ever hug him/her?” “Did you ever kiss him/her?” (see above)
- “Were you ever alone with the accuser?” (see above)
- “What was the accuser wearing the night that you met him/her for dinner?” (if able to recall, then this makes denials of other specifics such as “I don’t recall” less plausible; if unable to recall, opens the door to possible claims of selective denial or deception, esp. if accuser’s claim is very vivid)
- “Did you ever give the accuser a ride home?” “Did you own a [particular year/make/model of a car]? (see above)
Questions like these could be used to implicate the target in everything from criminal conduct (either under state law or canon law), conduct with a risk of civil liability, sinful conduct that is not legally problematic, or even just imprudent conduct. As these questions could easily be used by skilled interrogators to trap unsuspecting clergy unfamiliar with such techniques, great caution should be exercised before answering even seemingly innocuous questions. While it is against basic principles of justice to apply retroactively penal law (e.g., applying a 2023 Code of Conduct to behavior that took place in the 1980s), it is nevertheless often done in practice these days. For example, giving a high school student a ride home in the rain in 1980 is viewed differently today than it was in 1980, and just because a student remembers specific details about your car from the 1980s does not mean that you are guilty of any delict. Never forget your right not to answer certain questions, and if you suspect a potential trap, you can always say: “I would rather not answer that question.”
Also remember that you are under NO obligation to report to a particular mental health facility for an “evaluation” after the investigation, much less on a moment’s notice. Be sure to consult competent canonical and/or civil counsel before signing any document authorizing release of your personal medical information.