Michigan Charges Five Priests On Criminal Sexual Conduct

Michigan Attorney General Dana Nessel last week announced:

Five men who were priests have been charged with a total of 21 counts of criminal sexual conduct, Michigan Attorney General Dana Nessel announced at a news conference this morning in Lansing.  Four of the men have been arrested; one awaits extradition in India. A sixth Michigan priest is facing an administrative complaint and his license as a professional educationally limited counselor has been summarily suspended by the Michigan Department of Licensing and Regulatory Affairs (LARA). 

Priest Sexual Assault Case Settled

The Fresno Bee this week reports on the settlement of a claim by a woman that she was sexually assaulted by a Catholic priest:

A Woodland woman has received a $200,000 settlement from the Sacramento Catholic Diocese and the current pastor of a Woodland church after filing a lawsuit in 2017 accusing a former priest of sexual assault and claiming church officials largely ignored her pleas for help.

FLDS Bishop Convicted By Canadian Court In Marriage of His Minor Daughter

In Regina v. Oler, (B.C. Sup. Ct., May 17, 2019), a British Columbia trial court found Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) Bishop James Oler guilty under Canadian Criminal Code §273.3(1)(b) of removing his 15-year old daughter from Canada for purposes of sexual exploitation. As summarized by the court:

The Crown alleges that upon receipt of instructions from Warren Jeffs on June 23, 2004, Mr. Oler facilitated the removal of his daughter C.E.O. from Canada and transported her together with others to Cedar City, Utah, on June 24, 2004, and then to Mesquite, Nevada where C.E.O. was married to James Leroy Johnson on June 25, 2004, by Warren Jeffs in the presence of Mr. Oler. In doing so, Mr. Oler foresaw that upon her marriage, C.E.O. would be the subject of sexual contact which, if it had occurred in Canada, would be prohibited by s. 153 of the Code.

Lethbridge News reports on the case.

New Jersey Governor Signs Statute of Limitations Extension For Sex Abuse Claims

New Jersey Gov. Phil Murphy on Monday signed S. 477 (full text) (Governor's signing statement) (press release). The new law extends the statute of limitations for suits for sex abuse of claims by minors and adults. The accompanying statement of the Senate Judiciary Committee explains the new law's complex provisions in detail.  It summarizes the changes as follows:

This substitute bill would extend the statute of limitations in civil actions for sexual abuse claims, as well as create a two-year window for parties to bring previously time-barred actions based on sexual abuse. The bill would also expand the categories of potential defendants in civil actions, and for some actions permit retroactive application of standards of liability to past acts of abuse for which liability did not previously exist.

Abuse Survivors Sue Vatican

Five survivors of clergy sexual abuse filed a lawsuit yesterday in a Minnesota federal district court against the Vatican, seeking damages as well as release of the names of priests accused of child molestation and documents and information relating to the charges. The 77-page complaint (full text) in Keenan v. Holy See, (D MN, filed 5/14/2019) alleges various state causes of action as well as a claim of violation of international human rights law. AP reports on the lawsuit. A video of the press conference held by plaintiffs' lawyers to announce the filing of the lawsuit is also available online.

Advocacy Group Is Critical of Pope's New Directive On Reporting of Sexual Abuse

As previously reported, yesterday Pope Francis issued an Apostolic Letter titled Vos Estis Lux Mundi setting out new procedures for mandatory reportingof sexual abuse to ecclesiastical authorities. The advocacy group ECA responded yesterday with a Statement (full text) critical of the Pope, saying the Letter "appears to be designed to make no significant or meaningful change in how bishops and the Vatican deal with cases of child sex crimes by priests." The Statement says in part:

First, there will continue to be no mandatory reporting requirements for sex abuse to civil authorities by priests and bishops and no penalties for failing to do so.... [T]he Vatican often claims that mandatory reporting cannot be done in certain countries. If this is the case, the Vatican needs to identify which countries this would entail and why an exemption from reporting is necessary in that country....

Second, the process of reporting, investigating and determining a case remains entirely secret and in-house with the local bishop who will remain in complete control of the investigative process and all the information....

Third, and maybe most significantly, nothing in the document establishes or enacts zero tolerance for sexual abuse by priests....

Pope Francis Imposes New Reporting Procedures For Sex Abuse

Pope Francis today signed an Apostolic Letter titled Vos Estis Lux Mundi setting out new procedures for mandatory reporting to ecclesiastical authorities of sexual abuse of minors or vulnerable adults, of involvement with child pornography, and of interference with Church or civil investigations of abuse. Zenit has a summary, as well as the full text of the Pope's Apostolic Letter and the Vatican's accompanying statement, which says in part:

“Vos estis lux mundi” contains several innovative elements that aim to improve coordination between the dioceses and the Holy See. In particular, within a year all dioceses must establish stable and publicly accessible systems to report cases of sexual abuse and their cover up.

Furthermore, this Motu proprio obliges all clerics, as well as men and women religious, to report to the competent ecclesiastical authorities the abuses of which they become aware. The reported cases must thereafter be promptly verified and handled in accordance with canon law. As for reports regarding Bishops, the Motu proprio introduces procedural measures that, as a rule, charge the Metropolitan of the pertinent ecclesiastical Province with verifying what has been reported. Also established for the first time are time restrictions within which investigations must be carried out, as well as the procedures to be followed by the Metropolitan, who can make use of the specific professional contributions of the lay faithful.

Finally, the Motu proprio emphasizes the care of people harmed and the importance of welcoming them, listening to them and accompanying them, offering them the spiritual and medical assistance they need.

Vatican News reports on the new document. [Thanks to Tom Rutledge for the lead.]

Georgia Institutes Investigation of Catholic Church Sex Abuse Claims

The Atlanta Journal Constitution reports that Georgia's Attorney General has announced an investigation into past sexual abuse claims in the Catholic Church. The investigation will be carried out by Georgia's Prosecuting Attorneys' Council. Atlanta Archbishop Wilton Gregory and Savannah Bishop Gregory Hartmayer both support the investigation. Other states have carried out similar investigations.

California Bishops Prevail In Part On Anti-SLAPP Defense To Abuse Concealment Claims

In Emens v. California Catholic Conference, (CA Super. Ct., April 17, 2019), a California state trial court granted a portion of an anti-SLAPP motion filed by the bishops of California's 11 dioceses seeking to strike a broad complaint filed against them charging that they have concealed clergy sex abuse. The complaint in the case (full text) filed last October charges that the concealment actions by the various bishops amount to a public nuisance, a private nuisance and civil conspiracy.  It asked for an order requiring release of the names of all clergy accused of child molestation and their history of abuse. California's anti-SLAPP law allows courts to strike a complaint that arises from acts in furtherance of free speech on a public issue unless plaintiff establishes there is a probability that he or she will prevail.

Finding that plaintiff has not established the probability of prevailing on the merits, the court struck portions of the complaint which allege actions in furtherance of free speech rights, but allowed plaintiff to move ahead on those claims that are not based on the exercise of free expression, saying in part:

Some of the conduct alleged does implicate the right of free speech, including the right not to speak. This would include the right not to publicly disclose the names of priests against whom allegations were made which were determined to be unfounded or lack credibility, and disclosing the names of priests against who allegations were made of conduct in the 1950’s where there was no investigation and where the priests have passed away.

The allegation that defendants attacked the credibility of victims does implicate free speech. Defendants may address the credibility of those making accusations against priests. 

Allowing child molesters to live in the community without notice to the community and transferring alleged molesters to new parishes without warning of the general public has First Amendment free speech implications. The actions are not permitting molesters to live in the community and transferring accused molesters, but doing this without notice to the affected communities. There are no allegations that the priests at issue had been convicted of any crime, or that notice was mandated. This would include accusations made against priests which were determined to lack credibility and to be without merit.

Concealing information regarding the actions of defendants and their agents from victims of past abuse also implicates free speech, as it is a general allegations as to all information regarding any reports of abuse, whether that information is connected to the abuse of a particular victim or there was any relation between the time of the abuse and the time of the information, and without regard to the credibility of the information. 

The remaining allegations do not involve the right to free speech or petition. There is no right to conceal sexual assaults from authorities. Protecting abusers from criminal prosecution is neither free speech nor petition. Making affirmative representations of the fitness of priests for assignments which included working with children while concealing information regarding the sexual misconduct of those priests is not an issue of free speech, but an issue of false speech.

Pacific Standard reports on the press conference held yesterday by the plaintiff and his attorneys who see the decision as a victory since it allows plaintiff to move ahead on some of his allegations.

New York Archdiocese Releases Names of 120 Credibly Accused Clergy

On Friday, the Archdiocese of New York released a list of 120 clergy who have been credibly accused of sexually abusing a minor or possessing child pornography, or against whom a claim was found eligible for compensation by the Archdiocese's Independent Reconciliation and Compensation Program (IRCP).  Timothy Cardinal Dolan announced the release in a Pastoral Letter to members of the Archdiocese. Approximately 75% of the clergy on the list were ordained before 1970. Some 350 victims have been awarded compensation by the IRCP.  Only two cases have occurred since 2002. NPR reports on these developments.

Parents Sue Prominent DC Synagogue Over Child Abuse of Pre-Schoolers

Washington Post reports on a lawsuit filed Monday in D.C. Superior Court against a prominent Reform synagogue in D.C. Parents who brought the suit allege that at least seven children in the synagogue's preschool were sexually abused by a teacher for more than a year. The 239-page complaint filed against Washington Hebrew Congregation and Deborah Jensen, its director of early childhood education, does not include the teacher who is the alleged abuser as a defendant.  According to the Post:

The lawsuit states that the preschool teacher identified in the complaint was allowed to be alone with students despite city regulations requiring at least two adults to be present with toddlers in licensed child development centers. The school also did not properly train staff on ways to reduce the potential for child sexual abuse and to recognize signs that it may have happened, the lawsuit alleges....

Within a month of the man beginning work at Washington Hebrew, teachers and parents reported to Jensen incidents of inappropriate behavior, according to the lawsuit. The alleged behavior included being late returning students when he was alone with them and not responding to co-workers who were looking for him while he was with students.

The lawsuit states that when an adult reported potential abuse to Jensen, the director said that the person reporting the potential abuse had a “sick mind” and that the teacher would never abuse children. Jensen did not investigate the incidents further, did not restrict the teacher’s access to children and did not report the allegations to city officials, according to the lawsuit.

Retired Pope Benedict Weighs In On Clergy Sexual Abuse of Minors

This week, publications around the world published translations of an unusual essay from emeritus Pope Benedict XVI on the Church's clergy sex abuse crisis.  As reported by the Washington Post:

Breaking years of silence on major church affairs, Pope Emeritus Benedict XVI has written a lengthy letter devoted to clerical sex abuse in which he attributes the crisis to a breakdown of church and societal moral teaching and says he felt compelled to assist “in this difficult hour.”

The 6,000-word letter..., laments the secularization of the West, decries the 1960s sexual revolution and describes seminaries that became filled during that period with “homosexual cliques.”

The pope emeritus, in emphasizing the retreat of religious belief and firm church teaching, provides a markedly different explanation for the abuse crisis than that offered by Pope Francis, who has often said abuse results from the corrupted power of clergy.

Catholic News Agency has published the full text in English.

Pope Issues New Law On Reporting of Sex Abuse of Minors and Vulnerable Adults In Vatican

On March 26, Pope Francis promulgated Law N. CCXCVII on the Protection of Minors and of Vulnerable Persons of Vatican City State.  It requires any public official of the Vatican City State who has information or a well-founded belief that a minor or other vulnerable person is the victim of abuse is required to report it to authorities, except for information obtained in the sacrament of confession. According to the Catholic Register:

While few minors are resident in Vatican City State, there are minors in the Sistine Chapel Choir, and there is a pediatric hospital and a minor seminary under Vatican City State jurisdiction....

The new law will now cover all forms of physical and emotional abuse -- not just sexual violence through coercion — as well as serious forms of mistreatment, neglect, abandonment and exploitation against minors, who are below the age of 18, and vulnerable adults.

As reported by AP:

According to the new Vatican definition, a vulnerable person is anyone who is sick or suffering from a physical or psychiatric deficiency, isn’t able to exercise personal freedom and has a limited capacity to understand or resist the crime.

The issue of whether “vulnerable people” can include seminarians, religious sisters or other adults who are emotionally dependent on clergy has come to the fore in the wake of the scandal over ex-Cardinal Theodore McCarrick, a once high-ranking American cleric who molested seminarians, and revelations of priests and bishops around the world sexually preying on nuns.

The new law covers all personnel who live in or work for the Vatican and any abuse that occurs in the Vatican, the 44-hectare (110-acre) city state in the center of Rome and its other territories, as well as the Holy See’s vast diplomatic corps.

The Vatican’s own ambassadors have figured in some of the most scandalous cases of sex abuse in recent years...

SNAP, an organization supporting clergy abuse victims, issued a press release generally reviewing the Vatican's action favorably, but complaining that the law requires reporting to internal Vatican officials rather than to independent secular law enforcement officials.

Connecticut Diocese Settles Abuse Claims For $3.5M

The Catholic Diocese of Bridgeport, Connecticut announced yesterday that it has settled lawsuits filed last year by five victims of clerical sexual abuse.  The Maronite Order was involved in one of the cases.  The abuse took place almost 30 years ago.  The cases were settled through mediation for a total of $3.5 million. Most of the cost was covered by the Diocese's insurance. CT Post reports on the settlements.

West Virginia Sues Catholic Diocese For Past Abuse of Minors

As reported by The Hill, West Virginia's Attorney General announced yesterday that the state had filed a civil suit against the Catholic Diocese of Wheeling-Charleston.  The case grew out of Pennsylvania's Statewide Investigating Grand Jury Report on sexual abuse of minors. (See prior posting.)  Some of the priests identified in that Report had at one time been employed by the West Virginia diocese. The complaint (full text) in State of West Virginia v. Diocese of Wheeling Charleston, (WV Cir. Ct., filed 3/19/2019), alleges that the Diocese knowingly employed admitted and credibly accused sexual abusers and hired priests and lay employees without adequate background checks. The suit was brought under West Virginia's Consumer Credit and Protection Act and contends that the Diocese falsely advertised that it provided a safe learning environment and intentionally concealed the danger in its educational and recreational services.

Cardinal Pell Sentenced By Australian Court To 6 Years In Prison On Sex Abuse Charges

As previously reported, last December a court in Australia convicted Catholic Cardinal George Pell on five counts of child sexual offenses dating back decades. As reported by CNN, yesterday the 77-year old Cardinal who was a top Vatican advisor was sentenced by the court to six years in prison.

French Cardinal Convicted of Covering Up Child Abuse Reports

In France on Thursday, Cardinal Philippe Barbarin, the Archbishop of Lyon, was convicted of failing to report child abuse to authorities.  As reported by the New York Times, in 2014 and 2015 parishioners told the Archbishop of abuse of dozens of Boy Scouts that took place in the late 1980's and early 1990's by one of his priests, Rev. Bernard Preynat. The Archbishop was given a 6-month suspended sentence and fined 45,000 Euros (over $50,000 U.S.). Five other church officials and employees tried with Cardinal Barbarin were acquitted. (Full text of judgment in French).

Canadian Court Certifies Class In Sex Abuse Suit Against Jehovah's Witnesses

In Canada in a class action lawsuit against two Jehovah's Witness entities, a Quebec Superior Court has approved the certification of a class consisting of current or former Jehovah's Witnesses who allege they were sexually assaulted as minors in Quebec by either an elder of the religious group or a fellow member. As reported by CTV News, plaintiffs allege failure to protect and efforts to dissuade reporting to police authorities. A Jehovah's Witnesses spokesman said that the organization reports abuse allegations to authorities as required by the Youth Protection Act.

Reporting On Cardinal Pell Conviction Is Examined

Get Religion published a piece today examining media coverage of the child sex abuse charges against Australia's Cardinal George Pell, as well as the outcome of his trial.  Reporter Julia Duin begins her report as follows:

I hadn’t been following the child abuse charges against Australian Cardinal Pell all that much because I assumed, based on the evidence, that they were somewhat plimsy and would never stick.

But they did — in a series of trials that are as odd as they come. At the heart of the proceedings there was a single witness and what appeared to be “recovered memories” of abuse. 

The end result? A cardinal is now in jail and a bunch of journalists have been handed the Aussie equivalent of contempt-of-court charges.

(See prior related posting.) Perth Now reports on Pell's appeal of his conviction.

Buffalo Diocese Sued By Sex Abuse Victim For $300 Million

WGRZ News reported Monday that the Catholic Diocese of Buffalo, New York has been sued for $300 million by a woman who says that she was sexually abused between 1978 and 1981 by the priest who was her high school science teacher.  The accused abuser, Rev. Mark Andrzejczuk, who died in 2011 was a member of a Franciscan order which is also named as a defendant.  New York's recently passed Child Victims Act opened the way for Gail Holler-Kennedy to file the suit.