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Sexual Assault and Abuse Claims

12/18/2008
Daniel F. Monahan
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Chicago Catholic Diocese Settles Priest Sex Abuse Case for $1.2 Million

The Roman Catholic Archdiocese of Chicago has agreed to pay $1.2 million to settle a lawsuit brought by the family of a boy who was sexually abused by former priest Daniel McCormack, an attorney for the family said Wednesday.

The settlement calls for $1.1 million to be paid to the boy, who is 16, and $100,000 to the boy's mother. In September, the archdiocese agreed to pay $2.5 million to the boy's younger brother, who also was abused by McCormack.

McCormack who pled guilty last year to molesting five boys while pastor at Our Lady of the Westside School was sentenced to five years in prison.

A report filed earlier this year by counselors for the two brothers said both suffer from "extreme sadness ... confusion, anger, shock, rage, mistrust of men."

Five lawsuits have been filed alleging sexual abuse by McCormack, and only one remains pending.  So far, the archdiocese has agreed to pay nearly $10 million to settle claims arising from McCormack's conduct.

Overall, the archdiocese has paid out about $82 million to settle claims involving clergy sex abuse cases.



12/17/2008
Daniel F. Monahan
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Vermont Judge Denies Church Defense that Sex Abuse Claim barred by Statute of Limitations

A Maryland man's lawsuit against the diocese of Vermont alleging that the Catholic church is liable for damages as a result of being sexually abuse while he was an altar boy during the 1970’s because it knew one of its priests, Father Paquette, was a child molester when it hired him obtained a favorable ruling from the Judge on December 15, 2008 when Judge Dennis Pearson denied the diocese’s defense that the claim was barred by the statute of limitations.  

 The diocese does not dispute the claim but raised two key defenses:  (1) that the anxiety and any other psychological problems the man has suffered over the years were not caused by the abuse, and/or (2) the victim waited too long to file his lawsuit, and therefore, he was barred from proceeding because of the Statute of Limitations.  

Judge Pearson ruled that  the claim was not barred by the Statute of Limitations, stating in  his opinion denying the motion that  "I do think the evidence shows there is no reason for the jury to consider whether ... (the man) knew or should have known he had a claim against the diocese for negligent hiring.”



12/13/2008
Daniel F. Monahan
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Survivors Network of those Abused by Priest Organization (SNAP )Says New Bishop in Wisconsin Isn't Doing Enough Against Clergy Abuse

Leaders of the Survivors Network for those Abused by Priests (SNAP) say there's been little progress on child sex abuse efforts during Bishop David Ricken's first 100 days in Green Bay.

Holding a news conference outside the Green Bay Catholic Diocese headquarters, SNAP officials said the new bishop has not made clergy sex abuse his top priority.

"I see a kid on the street, I know you guys feel this way, and I feel because we're out here in the freezing rain and cold we're doing this that child may never have to experience what we went through as parents and victims, and that's what it's all about," Peter Isely of SNAP said.

The diocese responded by saying the most recent incident of clergy abuse reported to the diocese allegedly happened 17 years ago, and that of the four allegations it received in the past two years, the incidents were reported to have happened 33 to 58 years ago.

Auxiliary Bishop Robert Morneau issued a further written statement, saying:

I believe that all children need to be safe and protected from sexual abuse.  I support the diocesan policy of reporting all credible allegations of sexual abuse to the authorities.  SNAP's recent allegation that I was involved in the cover up of criminal behavior by John Feeney, one of our former priests, is false.  To accuse me of such a heinous act is heartbreaking. It unfairly damages my reputation and my credibility.

As a bishop, as a pastor and as an uncle to several nieces and nephews, I would never want to see a child harmed.  I am committed to providing a safe and secure environment not just for children but for all people.

SNAP wants the diocese to release the names and addresses of 51 Green Bay diocesan clergy which, according to SNAP, church officials say sexually abused children.

SNAP says so far Bishop Ricken has refused to meet with the group.

"We just feel that at the end of the day it just is going to make sense to get together with us and have this conversation," Isely said.

 



12/12/2008
Daniel F. Monahan
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Jewish Council Calls for Stronger Reporting Requirements in Childhood Sexual Abuse Cases

The Baltimore Jewish Council has adopted an official policy on child abuse and neglect that supports legislation to limit the current broad exemption for clergy on reporting sexual and other child abuse, except in specific circumstances of confidentiality.

“For those who commit sexual crimes against children, or protect those who do, there must be no sanctuary,” the resolution stated.

The document, approved by the Associated agency’s board of directors on Nov. 13, was prompted by the BJC not taking a position on child abuse bills in the 2008 General Assembly because the BJC and its partners in the Maryland Jewish Alliance did not have a policy, according to Jo-Ann Orlinsky, chair of the BJC’s government relations commission.

Last year’s and previous bills on the issue dealt with the statue of limitations on reporting child abuse and with judicial sanctions against perpetrators. They were either withdrawn by their sponsors or defeated in committees.

The Maryland Jewish Alliance is a legislative coalition of the Associated, BJC, the Jewish Community Relations Council of Greater Washington and the Jewish Federation of Greater Washington. It generally speaks with one voice for its members. When there are differences of opinion or, in this case, no official opinion, coalition members speak individually.

Fourteen years ago, the BJC did deal tangentially with child abuse through its resolution on domestic violence, which is now part of the BJC legislative agenda. “We didn’t have a separate policy before because the issue had not come up in a context other than a domestic violence situation,” Ms. Orlinsky said.

Now, based on the 2008 experience, commission members wanted a separate and distinct policy on child abuse in place before the upcoming 2009 General Assembly.

The BJC resolution on child abuse includes:

§                                 Recognizing that child abuse exists in society at large and the Jewish community. “Abusers thrive in an environment where discussion of this topic is silenced and reporting and punishment are discouraged,” the resolution stated.

§                                 It urges identification and treatment of victims.

§                                 It encourages institutions and synagogues, among others, to implement programs to prevent abuse, identify victims and support children and teens.

§                                 It makes clear that adults — not child victims — have a responsibility to disclose suspected abuse. It talks about schools, synagogues, camps and youth service organizations in this context.



12/12/2008
Daniel F. Monahan
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New Jersey Teacher Arrested for Sexual Abuse of Minor

PRINCETON, N.J. (CBS 3) ? A coach at Princeton High School in New Jersey has been arrested after being accused of having a sexual relationship with a female student.

James Kearney Jr., of Columbus, has been charged with two counts of second degree sexual assault.

Police allege the 37-year-old had a sexual relationship with a 17-year-old female student.

Investigators said someone at the school told the administration about the alleged relationship and that prompted the investigation.

Kearney Jr. was also a gym teacher at the Joyce Kilmer Elementary School in Trenton. He has been suspended with pay from the school.




12/11/2008
Daniel F. Monahan
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Son of Promient Delaware Politician Files Suit Against Catholic Boys School Under Delaware's New Law

In lawsuit, man alleges sex abuse at St. Edmond's Academy

WILMINGTON -- Kermit Justice Jr. -- son of the state's former secretary of transportation and New Castle County's former county executive -- filed suit Wednesday in Superior Court against St. Edmond's Academy, the Catholic Diocese of Wilmington, the religious order known as Brothers of the Holy Cross of the Eastern Province, and a former lay teacher at the school, John James Fleming.
In the suit, Justice, now 39, says he was sexually abused by Fleming in the early 1980s while he was a student at the school. Fleming was a teacher and wrestling coach from 1981 to January 1984.  Fleming pleaded guilty in 1985 to sexually assaulting a 10-year-old boy -- not a student at the school -- during a five-month period in 1984. Prosecutors at the time criticized the school for allowing Fleming to resign with a "glowing letter of recommendation" despite reports of molestation by two students.  The suit was filed under the provisions of the 2007 Child Victim's Act, which eliminated the civil statute of limitations in cases of child sexual abuse and opened a two-year window during which previously time-barred claims could be made. That period ends in July 2009.

 



12/9/2008
Daniel F. Monahan
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Sexually Abused Victims' Organization Demand sMore from Catholic Church

Following a $4.5 Million settlement by the Diocese of Springfield, Massachusetts, many of the 59 claimants say it is insufficient, and that the Diocese has not done enough to educate the public it serves.

 

"The payments are an important first step in holding the Church and the priests accountable for the betrayal and the abusive actions committed against young children," said Peter Pollard, Survivors Network of those Abused by Priests (SNAP) Coordinator for Western Massachusetts.  SNAP's 18 non-monetary demands include, in part: publicly releasing the names of clergy responsible for sexual abuse, posting known abusers on the diocesan web site for at least nine years, and for the bishop to visit parishes where known abusers have served, included deceased perpetrators. The group delivered the list of requests to Bishop Timothy McDonnell's office Monday.

12/9/2008
Daniel F. Monahan
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Group Calls for Boycott of Financial Contributions to Catholic Church Due to Clergy Sexual Abuse

Abuse victims ask parishioners to withhold donations

Members of a new Catholic reform group Sunday urged Long Island parishioners to withhold donations for what they said was the mishandling of clergy sex abuse cases.

About a dozen people supporting Project Send the Bishops a Message demonstrated outside St. Agnes Cathedral in Rockville Centre after morning Mass, asking parishioners to contribute to children's charities instead of their local parish on Dec. 21.

The group's national director, Frank Douglas, said the selective boycott would convey to church leaders that they need to do more to protect children from sexual abuse and to make their finances more transparent.

"The real message to Catholics is to try to make them aware that they have the power to change the church through the power of their purse," said Douglas, based in Tucson, Ariz. Douglas called on U.S. dioceses to disclose income and balance sheet statements and assets, including real estate, cash, and stocks and bonds.



12/6/2008
Daniel F. Monahan
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Massachusetts Diocese Settlement involved Arbitration where Church Waived Certain Defenses

The Diocese of Springfield Massachusetts has reached agreements with 59 men and women who came forward to speak of their past abuse by clergy and religious. Each had been invited to participate in a voluntary arbitration process. The claims of abuse date back to 1948. In addition to these financial settlements, all victims remain eligible to receive continuing counseling and assistance programs through the diocese.  The Diocese had waived the statute of limitations and charitable immunity defenses which would have barred certain claims.

12/6/2008
Daniel F. Monahan
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Archbishop Testifies About Hiding Past Abuses of Sexual Predator Priests

Jeffrey Anderson, an attorney representing sexually abuse children, has released a video tape deposition of a retired Milwaukee Wisconsin archbishop who testified regarding his failure to protect abuse children.  The video is available on YouTube.  The transcript highlights the questioning of how a church leader dealt with priests who molested children. Retired Archbishop Rembert Weakland has testified that he moved such priests from one parish to another without alerting parishioners or notifying police, allowing the abuse to continue abated.

12/4/2008
Daniel F. Monahan
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New York Cop Outs His Former Teacher and Priest as Sexual Predator

Ex-NYPD officer to out Nazareth Regional High School teacher in sex abuse

Wednesday, December 3rd 2008, 1:58 AM

John Aretakis, a Manhattan attorney who has aggressively pursued clergy abuse cases on behalf of scores of clients, said the former cop will identify himself and discuss his allegations during a news conference in front of the Brooklyn Catholic high school Thursday.

The ex-cop decided to take a stand after recently attending his 20th high school reunion, where he learned the coach still worked at the East Flatbush school, Aretakis said. His client wants the coach fired from the school to protect current students from similar abuse.

"The teacher is a present danger to children and students," Aretakis said.

Aretakis declined to identify the coach but said his client will name him at the news conference.

Aretakis said the coach took his client and another boy to his summer home on the Jersey Shore in the mid-1980s, where he performed sexual acts on both of them. Last month, the former cop returned to the New Jersey town where the abuse allegedly took place and filed a complaint with local law enforcement officials. Aretakis said the report will be made available at the news conference.

Nazareth Principal Barbara Gil did not respond to requests for comment. The Xaverian Brothers, the Catholic order that runs Nazareth, did not return calls. Gil met with other school officials Tuesday evening to discuss how to respond to the allegations.

The former cop will be accompanied at the news conference by a retired NYPD detective and a Catholic priest, both victims of sexual abuse.

The Nazareth teacher is the second Catholic high school coach accused of sexual abuse in recent months. A family friend accused longtime Christ the King basketball coach Bob Oliva of abuse this year. Oliva has not been charged with a crime.



12/4/2008
Daniel F. Monahan
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Catholic Church Not Only Religious Organization that has issue with Sexual Abuse

Expose child sex abuse in the Orthodox Jewish community

Thursday, November 20th 2008, 6:50 PM

Most people think our culture offers no sympathy to perpetrators of child sexual abuse and goes to great lengths to protect victims. But in reality, sex criminals still get far too much protection and victims far too little help. The most recent reminder is the case of Assemblyman Dov Hikind, who is sitting on files that detail such abuse in the Orthodox Jewish community - including the names of 60 accused sexual predators.

Hikind isn't revealing the information to the authorities because, he says, his sources - the people who say they were victims - had sworn him to secrecy and are afraid of becoming outcasts in their community. But the case, and Hikind's excuses, only underline the need for urgent reform.

First, he says that most of the victims are in their late 20s or older, meaning the statutes of limitations have expired and no prosecution or civil lawsuit could be filed. Regrettably, that is true; state law mandates that criminal charges must be filed by the time a victim is 18 and civil claims by 23.

Second, Hikind maintains that the victims spoke to him in confidence. Again, this is correct. If Hikind were a doctor, police officer or one of the other professionals required by state law to report such abuse, he would be prohibited from refusing to inform authorities because of a deal with victims. He is not.

This is infuriating. In the name of protecting victims, a state assemblyman is shielding people accused of committing the most heinous crimes imaginable.

Enough is enough. First, the Brooklyn district attorney should convene a grand jury to investigate abuse within the Orthodox Jewish community - just as the district attorney did in Philadelphia to investigate the Catholic Archdiocese there.

Second, the state mandatory reporter law, which requires health care professionals and others to inform authorities of child abuse cases, must be amended to include elected representatives. There is no sound public policy that justifies permitting these officials to hoard such information to the detriment of children.

Most important, New York must enact Assemblywoman Margaret Markey's bill to extend the statute of limitations on child sex abuse and create a "window" - making it possible for those victims whose statutes of limitations have expired to file, for a set period of time, a civil lawsuit against perpetrators and the institutions that hid the truth.

Most victims need decades to come forward. Current deadlines virtually guarantee that predators are able to abuse many children before (and if) they get caught.

Across the country, a grass-roots movement advocating such window legislation is on the move. In 2002, California passed a one-year window. The result: more than 300 previously unnamed predators were identified.

New York must get in step before more children are victimized - with no legal recourse as far as the eye can see.

Hamilton is a professor at Benjamin N. Cardozo School of Law of Yeshiva University and author of "Justice Denied: What America Must Do to Protect Its Children."

 



12/4/2008
Daniel F. Monahan
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Oregon Court Orders Catholic Archdiocese to Release Records of Sexual Abuse by Clergy


Federal judge orders release of Ore. clergy abuse records

By The Associated Press
12.03.08

PORTLAND, Ore. — A federal judge has ordered the release of more documents from the Roman Catholic Archdiocese of Portland that may shed light on how church officials responded to allegations that priests sexually abused minors.

The Nov. 26 order from U.S. District Judge Michael Hogan was a result of the settlement in 2007 of about 175 lawsuits for $50 million to end the first bankruptcy filing in the nation by a Catholic diocese.

After the settlement, victim advocates and church officials disagreed over how many documents to release.

Hogan's order requires the archdiocese to release documents about allegations of sexual misconduct by priests involving minors and the knowledge of the archdiocese about the allegations, or its response to them.

He said the order doesn't apply immediately in the cases of priests involved in a related dispute over disclosure or in pending litigation.

Hogan's decision says names of victims have been redacted from the documents.

Portland lawyer Kelly Clark, who represented more than 40 victims, praised the decision and said it meant the archdiocese must release almost all of the disputed documents.

"This is a good day for survivors, and all the men and women abused as boys and girls by priests of this archdiocese can feel rightly proud that they have stood their ground and did not let the archdiocese back out of its commitments," Clark said.

He said a Web site was under construction to organize the documents so readers can understand the history of cases and how church officials enabled or covered up abuse.

The archdiocese released a statement that said almost all of the misconduct occurred from 1940 to the mid-1980s.

"Today the Archdiocese of Portland has comprehensive child protection policies and programs," it said, including an Office of Child Protection and national programs to audit protections and ensure that people who work with minors are appropriately screened.


Related

Maine high court: Man may sue diocese over alleged abuse

Ruling finds supervisory relationship between bishops, priests isn't protected from legal scrutiny under the First Amendment when priests are known to be abusive. 05.04.05


Mississippi high court: Clergy abuse case may proceed
Majority finds First Amendment doesn't prohibit lawsuits against diocese over allegations of sexual abuse by priests. 05.06.05


Spokane diocese must pay abuse victims, judge rules
Federal judge says First Amendment does not exempt churches from application of bankruptcy law in defining which properties can be sold to pay compensation. 08.29.05


Court rules Ore. archdiocese, not parishes, owns property
Bankruptcy judge rejects Portland archdiocese's claim that applying federal law instead of church law could violate its religious freedom. 01.03.06



12/4/2008
Daniel F. Monahan
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Ex-Priest in California Admits to Sexual Abuse of Minors

Ex-priest pleads guilty in child molest case

4:59 p.m. December 2, 2008

— A former Roman Catholic priest pleaded guilty on Tuesday to molesting a 12-year-old boy two decades ago.

George Miller, 70, of Oxnard entered his guilty plea in a San Fernando courtroom to one count of committing a lewd act on a child under the age of 14.

Miller also admitted to sexually assaulting three other boys whose cases couldn't be charged because of statute of limitation problems, prosecutors said.

Miller faces up to three years in prison when he is sentenced Jan. 30. His attorney, Steven Cron, did not immediately return a phone message seeking comment.

Miller pleaded guilty to a charge of molesting a boy between March 1988 and March 1989 while he was assigned to Guardian Angel Church in Pacoima. He was charged with six counts, but the remaining charges will be dropped after he is sentenced.

A call to the district attorney's office seeking further comment was not immediately returned.

Miller served in the Los Angeles Archdiocese until he was placed on inactive leave in 1997 after being accused of sexual abuse. He was ultimately laicized in 2005.

He was arrested and charged with molesting three boys in the 1970s and 1980s while assigned to the Pacoima church. But the case was dropped when the U.S. Supreme Court ruled that a California law extending the statute of limitations on sex crimes was unconstitutional.

Authorities arrested Miller in July 2007 after the victim in the ongoing case came forward. Miller had befriended the victim's mother and was a guest at the family home, taking the boy on overnight trips, authorities said.

Miller's arrest came about a week after the Los Angeles reached a $660 million civil settlement of claims by more than 500 alleged victims of clergy abuse.



12/3/2008
Daniel F. Monahan
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Federal Circuit Court Permits Sex Abuse Claim to Proceed against Vatican

Case Against Vatican Allowed by 6th Circuit Court

The 6th Circuit Court of Appeals in Cincinnati made a landmark decision last week by allowing a class-action lawsuit involving alleged sexual abuse by clergy against the Vatican to proceed. The lead attorney on the case, William F. McMurry, told The Wall Street Journal that "what the court has allowed us to do is proceed against the Vatican for the conduct of the U.S. bishops because of the bishops' failure to…report child abuse."

Legally, sovereign states have immunity from most American civil proceedings and the Vatican has tried to block this case and others like it on this basis. In her ruling, Judge Julia Smith Gibbons wrote that "The portions of plaintiffs' claims that are based upon the conduct of bishops, archbishops and Holy See personnel while supervising allegedly abusive clergy satisfy all four requirements of the tortious act exception," according to Agence France Presse.

The ruling allows the Vatican to be held liable for certain actions of church employees on the basis of their employment in the United States. In part, the ruling relied on a precedent set in the 9th Circuit court involving a Portland, Oregon sexual abuse case. A key piece of evidence in the case was a memo approved in 1962 by Pope John the 23rd that expressly directed bishops to treat cases of alleged abuse with strict secrecy, according to the AFP.

Barbara Blaine of The Survivors Network of Those Abused by Priests (SNAP) said that the ruling in the case was a positive move forward: "Anytime the Vatican can be held accountable it helps victims heal and helps victims to be empowered."

Media Resources: The Wall Street Journal 11/25/08; Interview with Barbara Blaine 12/2/08; National Catholic Reporter 6/16/06; Agence France Presse 11/25/08

 



12/2/2008
Daniel F. Monahan
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Massachusetts Diocese Settles for $4.5 Million with 59 Clergy Sex Abuse Victims

Roman Catholic Diocese of Springfield pays $4.5 million to 59 clergy abuse victims

 

 

By STEPHANIE BARRY

SPRINGFIELD
- The Roman Catholic Diocese of Springfield Massachusetts announced Tuesday it has paid $4.5 million to 59 clergy abuse victims after a lengthy arbitration process.

The settlements ranged from $5,000 to $200,000 and were paid Nov. 20, according to a statement released by the diocese. Victims who agreed to participate in arbitration were asked to fill out confidential questionnaires detailing their abuse and the impact on their lives.

The abuse claims date back to 1948, a diocesan spokesman said. Among the claims were 31 new ones against defrocked priest Richard R. Lavigne, who has been identified as a serial abuser during waves of lawsuits since the 1990s.


Also, a new complaint was settled against former Bishop Thomas L. Dupre, who resigned abruptly in 2004 after the Republican Newspaper questioned him about two men who previously accused him of sexual abuse during the 1970s.

Those men received payments after this negotiation, according to the diocese. Dupre personally contributed to a portion of those, diocesan spokesman Mark E. Dupont said.

The arbitration followed an $8 million settlement between the diocese and its insurance carriers, which had resisted covering millions of abuse claims.

 



12/1/2008
Daniel F. Monahan
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Sexual Abuse Survivor Calls for Legislative Reform in Maryland

Ava Miegdzinski, 58, who was sexually abused as a 4-year-old by a Hebrew school teacher in Providence, R.I. , stepped forward publicly for the first time at a recent meeting in Frederick Maryland at the C. Burr Artz Public Library to discuss the repercussions of her abuse, which she said included sterility. She said she intends to lend her voice in support of legislation that would extend Maryland's statute of limitations on lawsuits involving cases of child sexual abuse.

Victims of such abuse have criminal but not civil recourse after their 25th birthday in Maryland. In Pennsylvania the Statute of Limitations was extended to age 30 for victims of childhood sexual abuse.  Studies show that only 10 percent of victims ever report childhood sexual abuse, and most who do wait until they are well into adulthood. As a result, prosecutors aren't likely to take on cases involving sexual abuse that allegedly took place decades ago, victim advocates said, thus the need for civil remedy.

The local meeting was sponsored by Child Victims Voice of Maryland, a coalition working to abolish the state statute of limitations on lawsuits in cases involving child sexual abuse, and The Awareness Center, a Jewish coalition against sexual abuse and assault.

The proposed legislation has two components: extending the statute of limitations and providing a two-year window for victims of any age to come forward.

The typical child sexual predator, according to some studies, will molest more than 100 children over the course of a lifetime.

 

 



12/1/2008
Daniel F. Monahan
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Boston Priest Loses Appeal in Sexual Abuse Case

A court has rejected a new trial for a dismissed priest who was one of the central figures in Boston's clergy sex abuse scandal. Paul R. Shanley is serving a 12- to 15-year prison sentence after being convicted in 2005 of repeatedly raping and fondling a boy at a Newton parish in the 1980s. In his bid for a new trial, Shanley argued that his trial lawyer did not properly challenge the theory of repressed memory. The victim testified that he did not remember the sexual abuse until 2002, when memories came rushing back amid news coverage of the scandal. However, Judge Stephen Neel, who presided at Shanley's trial and heard his motion for a new trial, rejected that argument yesterday. (AP)

11/29/2008
Daniel F. Monahan
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Sexual Abuse of Children Affects Everyone; that's Why We Need to Eliminate Statutes of Limitations for Childhood Sexual Abuse

Abolishing Statutes of Limitations in Cases of Childhood Sexual Abuse

 

 

Many people know crime victims who have been raped, sexually assaulted or sexually abused and are well aware that more often than not, it takes years for victims to come forward to seek help and counseling for the injuries they suffered and continue to suffer.  Unfortunately, under current laws in most states, including Pennsylvania, the Statute of Limitations for bringing civil claims for damages is limited.  That is why there is a nationwide movement currently to seek to change those laws, and hopefully, eliminate the Statute of Limitations altogether for these types of injuries.

 

In 2002, the Pennsylvania Legislature did extend the Statute of Limitations for childhood sexual abuse civil claims until the age of (30) thirty.  However, that is woefully inadequate.

 

Recently, I had the opportunity to meet by Constitutional Law Scholar and Professor Marci Hamilton at the National Conference for the Crime Victims Bar Association in Chicago, Illinois.  Ms. Hamilton was instrumental in helping to change Delaware’s law -- one of the three states in the country that has now eliminated the SOL for civil claims for sexual abuse.  She is actively working with a number of organizations in states across the country to effectuate these kinds of changes.   In addition, she has authored a book on the subject which is a must read for anyone who cares about this topic entitled:  Justice Denied:  What America Must Do to Protect its Children

 

Her book spotlights the benefits and barriers to reaching the goal of eliminating statutes of limitation for sexual abuse.  However, Ms. Hamilton predicts a coming civil rights movement for children and explains why it is in the interest of all Americans to allow victims of childhood sexual abuse this opportunity to seek justice when they are ready.

 

Statutes of limitation are arbitrary time limits that protect child abusers from Justice.  While statutes of limitation may serve good ends for contract and property damage disputes, they can be unfair and unacceptable barriers to justice for victims of childhood sexual abuse.

 

The central theme of Hamilton’s book is that SOLs for childhood sexual abuse should be treated like murder, not property crimes, because in effect the abuser murders his victim’s childhood.  Society is best served by having survivors identify their abusers, which leads to only one conclusion:  Eliminate statutes of limitations.

 

As Ms. Hamilton sets forth, everyone pays a price for childhood sexual abuse in lost output for survivors and mammoth medical costs of treating the physical and psychological injuries.  Here are the numbers: 25 percent of girls are sexually abused in childhood; 20 percent of boys.  Only 10 percent of those report the crime to authorities.  And then only a handful of stories appear in the news. 

 

Contrary to popular beliefs, sexual abusers are almost always someone the family knows who has gained the victim’s trust.  Vital parts of the relationship between the abuser and child are affection, admiration and trust.  Abusers “groom” their victims patiently until they can trap the child into sex and silence.

 

As a result, victims slide into suicide or drug or alcohol addiction, not to mention underperformance at work, sexual dysfunction and difficulties with intimacy that can lead to divorce and family disintegration.

 

Society is programmed not to see abuse, in part because the victims are children who are politically insignificant.  Plus the legal system had made it easier for abusers to move from one child to another -- and from state to state without risk of punishment, in large part because of inadequate SOLs.

 

Childhood abuse survivors don’t understand what was done to them until they’re old enough to know what was taken away:  their childhood.

 

Right now, a serious mismatch exists between the ability of survivors to come forward and the speed with which states require them to do so.  As a result, the justice system tilts in favor of the abuser and against his victims who experience this most heinous crime.  And while false accusations may occur in a few cases, proce-dural safeguards to combat them are already in place.

 

While most child abuse reforms to date are heralded -- (harsher penalties, civil commitment, tracking, pedophile free zones, and Megan’s Law) -- these all presume we know who the predators are. 

 

And in light of inadequate child abuse reporting laws, experience shows that unless the failure-to-report penalties are severe, most institutions and individuals ignore the reporting laws.  Most states consider the failure to report merely a misdemeanor with small fines.

 

Here is what Professor Hamilton argues:  Only if the SOLs are abolished will the other approaches become more effective at reducing the rate of child sex abuse by knowing the identity of the abusers. 

 

In addition to abolishing the SOLs, she sets out what that we need to provide window legislation to allow adult survivors of abuse the opportunity to collect civil damages from their abusers.  By opening this window for civil actions we

(1) make abuse survivors the priority instead of their predators;

(2) better identify child predators in our midst;

(3) find more survivors of the same perpetrator after one survivor comes forward; and

(4) deter institutions from hiding child sex abuse.

 



11/25/2008
Daniel F. Monahan
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Crime Victims of Sexual Assault by Teachers, Coaches, and Counselors Can Seek Civil Damages

MontCo. Coach Arrested For Sexual Assault


LOWER POTTSGROVE, Pa. (CBS 3) ?
A Montgomery County volleyball coach has been arrested for inappropriate sexual contact with a minor.  William Gordon III faces several charges, including aggravated indecent assault and endangering the welfare of a child.  Authorities say Gordon, 38, works as a coach and person trainer in Lower Pottsgrove Township.

Between the months of April and November 2008, investigators said Gordon engaged in a sexual relationship with a minor that he coached. The minor was 15-years-old when the alleged sexual acts began.  The inappropriate acts reportedly took plate at Gordon's home and in a park.  A preliminary hearing is scheduled for December 1, 2008.

Under recent changes to the Statutes of Pennsylvania, the Statute of Limitations (the time within which to file a civil suit for damages on behalf of the injured victim) for minors has been extended to age (30) thirty.




11/24/2008
Daniel F. Monahan
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6th Circuit Court of Appeals lets Vatican sex-abuse case proceed

The 6th U.S. Circuit Court of Appeals gave the go-ahead for the lawsuit filed by three men who claim priests abused them as children. They allege the Vatican orchestrated a decades-long coverup of priests sexually abusing children throughout the U.S.

Louisville attorney William McMurry is seeking class-action status, saying there are thousands of victims nationally in the scandal that haunts the Roman Catholic Church. He is seeking unspecified damages from the Vatican.

"This is an enormously huge moment," McMurry said. "We're finally going to get to the root of the problem."

Jeffrey Lena, a Berkeley, Calif.-based attorney for the Vatican, said the appeals court's decision narrows the plaintiffs' case because the court upheld dismissing several issues.

"It's gratifying to see the hard work the judges put into the opinion," Lena said.

Lena declined to say if he would appeal the decision. McMurry said he expects the case to wind up before the U.S. Supreme Court.

Several lawsuits around the country have sought damages against the Vatican, but many have been bounced around in lower courts. Attorneys for both sides say the Louisville case is unique.

It centers on a 1962 directive from the Vatican telling church officials to keep under wraps sex-abuse complaints against clergy. The document became public in 2003. McMurry claims that document makes the Vatican liable for the acts of clergy whose crimes were kept secret because of the directive.

U.S. District Judge John Heyburn II ruled in January 2007 that the men may pursue their claim that church officials should have sent out warnings about abusive clergy. But the judge also dismissed a large chunk of the lawsuit.

The appeals court upheld Heyburn's decision to dismiss claims that the Holy See was negligent in failing to provide safe care to the children entrusted to the clergy, along with claims of deceit and misrepresentation by the Vatican.

McMurry also sought to depose Pope Benedict XVI, but Heyburn rejected the request. With Monday's ruling, McMurry said, he would seek documents and possibly renew efforts to depose the pontiff.

"We will get to the bottom of this," said McMurry, who represented 243 sex abuse victims that settled with the Archdiocese of Louisville in 2003 for $25.3 million.

Appeals Judge Julia Smith Gibbons, who authored the 20-page opinion, rejected part of the lawsuit that challenged the constitutionality of the U.S. Foreign Sovereign Immunity Act, which generally gives immunity to foreign countries from most civil actions. McMurry contended that the Vatican as a country and the religious institution were separate, but Gibbons said they are legally the same.

"Consequently, we reject plaintiffs' contention that they are not suing the Holy See that has been recognized by the United States government, but a parallel non-sovereign entity conjured up by the plaintiffs," Gibbons wrote.

The decision makes it tougher for plaintiffs to sue the Vatican as a religious institution without first overcoming the restrictions under the foreign immunity law.



11/23/2008
Daniel F. Monahan
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Brooklyn Politician Raises Spector of Sexual Abuse in the Jewish Orthodox Community but refuses to name names

A Brooklyn assemblyman, Dov Hikind, said that after he broached the subject of child molestation among Orthodox Jews on his radio show this summer, dozens of people came forward with stories about children being molested in the Orthodox community. As many as four people a day have come to him over the past three months with painful accounts of secrets often kept for decades, accusing more than 60 perpetrators, he said.

But according to WABC in New York, he said he won't breach victims' trust by disclosing the private exchanges to prosecutors - or to a lawyer who subpoenaed him in a civil case against a school accused of concealing abuse.

Rather, the outpouring has spurred him to work on devising mechanisms within the Orthodox world for reporting sex abuse and sharing information on school staffers' previous postings. He aims to present a plan to rabbis this winter.

Critics have said sex abuse claims are sometimes handled quietly in Orthodox rabbinical courts, rather than being reported to authorities, though Orthodox leaders are hardly alone in trying to keep such allegations private.  For decades, Roman Catholic leaders often transferred predatory clergy among parishes without telling parents or police. In a 2007 nationwide investigation of sex abuse by teachers, The Associated Press discovered efforts to stop individual offenders but, overall, a deeply entrenched resistance toward recognizing and fighting abuse.

Some sexual abuse cases involving Orthodox Jewish schools have spilled into the secular legal system in Brooklyn.  In one of the most notorious, Rabbi Yehuda Kolko was charged with sexually abusing boys at an Orthodox school. He admitted no sexual wrongdoing and pleaded guilty in April to a misdemeanor child endangerment charge. Kolko was sentenced to three years of probation and has been dismissed from the school, said his lawyer, Jeffrey Schwartz. The school's lawyer didn't immediately return a telephone call.

Six former students are suing the school, saying it covered up Kolko's misdeeds. Their lawyer subpoenaed Hikind this month, seeking to find out whether he learned anything relevant to the case during his impromptu fact-finding about sexual abuse among the Orthodox.

Brooklyn prosecutors say they are open to hearing the claims, and Hikind said he encourages those who confide in him to talk to the authorities. But none will, he said, for fear of ostracism from a community worried about being stigmatized.

 



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11/17/2008
Daniel F. Monahan
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Michigan Jury Awards $3.69 million to Victim who was sexually abused for years

The American Association for Justice reported in its October 2008 Law Reporter that a Michigan woman was awarded $3.69 million, including $990,000 for past pain and suffering and the rest for future pain and suffering against a restaurant owner who had sexually abused her beginning when she was 11 years old.  At 23 the woman began suffering flashbacks and required therapy for posttraumatic stress disorder, dissociative disorder, and depression. 

Plaintiffs like this woman, however, may suffer an additional injury when they attempt to collect their judgments.  Many insurance companies try to avoid paying claims stating that insurance coverage is excluded for these types of injuries.  Fortunately, for residents of Pennsylvania the Supreme Court held in 2006 that when a Complaint alleges injuries that could be covered under the policy of insurance, it is the duty of the insurance company to defend until such time as the claim is confined to a recovery that the policy does not cover.

11/17/2008
Daniel F. Monahan
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Leaders of Survivors Network of Those Abused by Priests and BishopAccountability.org Criticize New York Catholic Prep School for Harboring Priests who were Sex Abusers

The New York Times reported on October 22, 2008 that two groups that advocate for sex-abuse victims, the Survivors Network of Those Abused by Priests (SNAP) and BishopAccountability.org, identified two priests that were permitted to live until recently on the campus of Fordham Preparatory School in the Bronx.  The groups criticized the school administration for allowing the priests to reside there for years after the abuse complaints were made known.

One abuser's case was resolved in 1997 but school officials and the archdiosese refused to confirm the terms of the settlement agreement.  The other priest was recently sued by Richard Cerick, a former student at Fordham Prep and now a lawyer in New York, for the abuses that occurred in late 1968.  The priest has since died but Cerick said that even though he reported the crime three years ago, the priest was permitted to continue to work and reside on Fordham's campus.

11/17/2008
Daniel F. Monahan
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Ex-Jesuit Priest from Illinois Convicted in Sexual Abuse Case

Donald J. McGuire, 78, a Jesuit priest who was only defrocked in February 2008 was convicted in Federal Court in Chicago of engaging in sexual activity with a teenage boy who accompanied him on religious trips to Europe and Minnesota in 2000 and 2002, acording to an article in the New York Times.

Described by prosecutors as a "wolf in sheep's clothing" evidence was presented that showed that McGuire started abusing his victim in 1999 at the age of 13.  Mr. McGuire who taught at Loyola Academy a Jesuit preparatory school in suburban Chicago directed retreats for laypeople and members of Mother Teresa's religious order.



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