Because of the statute of limitations, no criminal charges were filed. Instead, civil suits were introduced against the institution responsible for the individuals who were at fault: The archdiocese, the religious community, and even the Boy Scouts. It would have been pointless to try to exact punishment on the guilty individual – most were dead or had long left the island.One of the things learned from the sexual abuse scandal is that the Church now holds the position that ALL allegations are true and that ALL accused priests including dead priests are guilty. Nevermind the fact that there never was a trial for many of the priests and that dead priests are unable to defend themselves. This is no different than the MeToo Crowd who proclaimed that ALL women should be believed. Nevermind the fact that one of the accusers of Brett Kavanaugh admitted to fabricating a rape accusation as a tactic to derail his nomination to the Supreme Court (see the story here). How can deceased priests be guilty when they never went through trial? Deceased priests such as Father George Maddock held impeccable records and accolades among his students. Allegations of sex abuse against him were brought forth only a few days after his death.
At one time, the Church was at one extreme end of the spectrum where all bishops were believed. Today, we know that the Church was wrong in silencing the victims of abuse as they believe all bishops. Today, the Church still has not learned its past lessons. This time, it went the opposite extreme believing all allegations without any due process.
Diocese across the United States are publishing the names of priests as "credibly accused of child sexual abuse" publicly. The list includes the names of priests who have long been deceased. However, priests and former priests whose names have been published on the list are currently fighting back, suing the Diocese and Bishops.
Three priests have filed a lawsuit against the Diocese of Corpus Christi and its bishop, Bishop Michael Mulvey, claiming that they were wrongfully included in a list of clerics credibly accused of sexually abusing a minor (see story here).
A former priest is also suing the Archdiocese of St. Louis whose name was included on a published list of clergy members "credibly accused" of child sexual abuse. According to news report (the bold is mine):
A former priest has sued the Archdiocese of St. Louis, alleging it libeled and slandered him by including him on a list of clerics credibly accused of abusing children.
Michael Toohey, 77, of Creve Coeur, claims in the lawsuit filed last month in St. Louis County Circuit Court that the archdiocese intentionally damaged his reputation, refused to provide more details of any allegation against him and denied his challenge of the claim, reports the St. Louis Post-Dispatch.
At issue is a list the archdiocese released this summer that included the names of 63 men with substantiated allegations of sexual abuse of a minor. Twenty-six of those men, including Toohey, had never been named publicly as facing such allegations.
In an interview with the Post-Dispatch in September, Toohey denied sexually abusing anyone and said the archdiocese never told him he had been accused of sex abuse of a minor until the list was released. He said he and an attorney met with the archdiocese after the list was released but that church officials refused to discuss information about his case.Is it not interesting that the Archdiocese of St. Louis never told the former priest that an accuser had come forward, accusing him of child sexual abuse? Even more interesting is that the Archdiocese put his name on the list without questioning him about the allegation.
Across some states, Americans are protesting their state government's Stay-at-Home policy amid the corona virus pandemic. They cite the right to work, the right to assemble, the right to protest, and the right to movement. Even the Churches in New Jersey and California are suing the state governments, citing freedom of religion. However, it is unfortunate that the Church has forgotten that individuals also have the right of due process even as they pursue their lawsuit for religious liberties against the state government.
There are also some priests turning to the civil courts and bringing lawsuits against their accusers, claiming defamation. Victim Advocates, on the other hand, said that priests should work within the church system to defend themselves. Nevermind the fact that the Church and its bishops have mainly taken the stand that ALL allegations are true and do not consider the due process of its priests (see the story here).
Do you think its ok for a priest to sue his diocese and his own bishop? I mean this is the bishop who ordained him and swore obedience to.
ReplyDeleteDear Anonymous at 2:12 pm,
DeleteThat is a good question. However, I am not going to condemn the priest who filed a lawsuit against his Archdiocese and Bishop because it is the priest's name and reputation that is at stake.
One of the priests, Fr. Hernando went through a trial. He was indicted but not convicted. His case was dismissed from lack of evidence. In the other case, the accuser recanted his allegation, saying it wasn't true. Their names shouldn't be on the list, but I ain't quite so sure on the third one. Not much detail was given.
ReplyDeleteIt's harder for priests to sue their diocese and bishop due to the father-son relationship between them. They would probably be more successful going after their accusers.
ReplyDeleteDear Anonymous at 10:13 pm,
DeleteThat may be true. Not all priests were able to win their case against their accusers, but some of them have been successful especially when a proper investigation was conducted. One success story was Father Father Roy Herberger from New York who sued his accuser and won.
https://www.wivb.com/news/buffalo-priest-files-defamation-lawsuit-against-child-victims-act-case-accuser/
https://sbalistonline.com/sba-0512-nn/?utm_term=~-_-~6f72675f69643a34656334336563633132306534616536613565663836623166643538356238662c6d6573736167655f69643a36363539302c6c6973745f69643a3237352c737562736372696265725f69643a3038343862306431653735613234343830323934306532393061316536376132~-_-~
ReplyDeleteDear Anonymous at 8:31 am,
DeleteI went ahead and published your petition.