ABOARD THE PAPAL PLANE (AP) — Pope Francis says any bishop who moves a suspected pedophile priest from parish to parish should resign.
Francis spoke about the church’s handling of sex abuse cases while flying home Wednesday from Mexico, where victims of that country’s most notorious pedophile, the Rev. Marcial Maciel, are still coping with the trauma of his abuse.
“It’s a monstrosity,” Francis said of clerical abuse. “Because a priest is consecrated to bring a child to God. And if he consumes him in a diabolical sacrifice, it destroys him.”
The role of bishops in the abuse scandal made headlines again recently after a French priest told a Vatican course for new bishops that they don’t have to report suspected abuse to police. His comments drew a swift correction from Francis’ top adviser, Cardinal Sean O’Malley, who said bishops have an “ethical and moral” obligation to report suspected pedophiles to civil authorities.
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“A bishop who changes parish (for a priest) when he detects pederasty is reckless and the best thing he can do is present his resignation,” Francis said. “Clear?”
Francis also reaffirmed the Vatican’s oversight of Maciel’s Legion of Christ, saying it is continuing to help the scandal-plagued religious order reform and praising his predecessor for bringing the truth of Maciel’s misdeeds to light.
Maciel founded the Legion in Mexico in the 1940s, and it became one of the wealthiest and fastest-growing orders in the world. It is, however, emblematic of the Mexican church that Francis so acutely criticized during his trip, with close ties to Mexico’s rich and powerful who by and large send their children to Legion-run schools.
The Vatican in 2010 took the order over after the Legion admitted, after decades of denial, that Maciel had sexually molested his seminarians and fathered at least three children.
Francis told reporters that the Vatican still plays a prominent role in running the order, even after it elected a new leadership 2014 and revised its founding constitutions. Francis recalled that while the superior general was elected from among rank-and-file Legion priests, he himself appointed the vicar, who also serves as a counselor on the governing board, as well as a second counselor.
He termed the status “semi-intervention.”
“In this way, we are continuing to help them review their past,” he said.
The Legion saga represents one of the gravest scandals of the 20th-century Catholic Church, emblematic of the way Church leaders protected their own at the expense of victims of clerical sex abuse. The scandal tarnished the legacy of St. John Paul II, since Vatican officials under his watch ignored credible allegations of Maciel’s misdeeds and instead held him up as a model of religious orthodoxy who brought in vocations and donations.
Francis recalled that then-Cardinal Joseph Ratzinger, who was in charge of the Vatican office that handled sex abuse cases, had tried for years to sanction Maciel but was blocked. Francis didn’t say by whom, but it is well known that John Paul’s No. 2, Cardinal Angelo Sodano, prevented any action from being taken. Ratzinger later became Pope Benedict XVI, Francis’ predecessor.
“Here, I’d like to pay homage to the man who fought at times when he didn’t have the strength to impose himself until he could impose himself. Ratzinger. Cardinal Ratzinger. An applause for him,” Francis said.
He said Ratzinger had gathered all the documentation about Maciel’s crimes, conducted a full investigation into him, but couldn’t execute any sentence until 2006 after John Paul had died.
“I want to remember this, because sometimes we forget this hidden work that was the basis of uncovering” the situation, he said.
Full article here: http://bigstory.ap.org/article/c982d681674e4b59b060911d77dad4d9/popes-bishops-who-reassign-suspect-pedophiles-should-resign
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f new guidelines, Counters claim by French monsignor and surpasses Vatican guideline requirements
VATICAN (ChurchMilitant.com) – The cardinal of Boston is affirming clergy have a “moral and ethical responsibility” to report clerical sex abuse.
In response to reports that a French priest informed new bishops they were not obligated to report suspected abuse, Boston archbishop Seán O’Malley, acting as head of the Pontifical Commission for the Protection of Minors, asserted in a statement Monday the Church has a duty to inform authorities of potential abuse.
“Our obligations under civil law must certainly be followed, but even beyond these civil requirements, we all have a moral and ethical responsibility to report suspected abuse to the civil authorities who are charged with protecting our society,” the cardinal said.
Monsignor Tony Anatrella, a Paris-based priest, quoting from a new Vatican training document, instructed a group of new prelates during a Vatican-established training program they had no obligation to divulge possible abuse cases to police. The document states:
According to the state of civil laws of each country where reporting is obligatory, it is not necessarily the duty of the bishop to report suspects to authorities, the police or state prosecutors in the moment when they are made aware of crimes or sinful deeds.
Anatrella, who acts as a consulter to the Pontifical Council for the Family and the Pontifical Council for Health Care Workers, is a psychotherapist known for his contentious views on homosexuality and gender theory.
According to Cdl. O’Malley, there is no official basis for the monsignor’s claim, as the Vatican’s most recent rule book regarding sex abuse, the 2010 “Guide to Understanding Basic Congregation for the Doctrine of the Faith Procedures Concerning Sexual Abuse Allegations,” declares “civil law concerning the reporting of crimes to the appropriate authorities should always be followed.”
This rule, Cdl. O’Malley asserts, is “reaffirmed” at each annual training session “clearly and explicitly.”
O’Malley’s own Pontifical Commission for the Protection of Minors, formed in 2014 by Pope Francis, has been heavily criticized recently by laymen panel members. British child sex abuse activist Peter Saunders, who was unexpectedly given a leave of absence from his position on the commission, has called the “Vatican system” wholly “corrupt and unwilling to do the right thing.” Vatican sources have stated the leave of absence was provoked by members of the panel over a potential conflict of interest, given Saunders’ role as activist and panel member.
Saunders, appointed to the commission by Pope Francis, expressed frustration that there has been “no real change” occurring as a result of the newly formed committee.
A second panelist, Marie Collins, also criticized the Roman Curia Monday for resisting proposed changes and delaying implementation of new guidelines, calling the body a “brick wall.”
Full article: http://www.churchmilitant.com/news/article/cdl-omalley-bishops-have-moral-and-ethical-duty-to-report-abuse
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By the time he was in high school, Mark Haynes felt called to devote his life to the Catholic priesthood.
But from a much earlier age, his lawyer said Wednesday, Haynes realized something else that set him apart – an unshakable feeling that by some accident of genetics, he had been born a woman stuck in the body of a man.
Haynes’ therapist would later conclude that the dissonance between his vocation and the condition he came to view as an affliction led him to an addiction to child pornography and a series of online predatory sexual encounters with children that have landed the 56-year-old suspended priest in prison.
Federal prosecutors balked at that explanation Wednesday as Haynes, most recently of SS. Simon and Jude Parish in Westtown, was sentenced to 20 years’ incarceration, in a case as notable for the charges he will never face as those to which he pleaded guilty last year.
By the time he was in high school, Mark Haynes felt called to devote his life to the Catholic priesthood.
But from a much earlier age, his lawyer said Wednesday, Haynes realized something else that set him apart – an unshakable feeling that by some accident of genetics, he had been born a woman stuck in the body of a man.
Haynes’ therapist would later conclude that the dissonance between his vocation and the condition he came to view as an affliction led him to an addiction to child pornography and a series of online predatory sexual encounters with children that have landed the 56-year-old suspended priest in prison.
Federal prosecutors balked at that explanation Wednesday as Haynes, most recently of SS. Simon and Jude Parish in Westtown, was sentenced to 20 years’ incarceration, in a case as notable for the charges he will never face as those to which he pleaded guilty last year.
“Transgender does not equate to sexually abusing children. It doesn’t make him a pedophile,” Assistant U.S. Attorney Michelle Rotella said. “He was victimizing children from almost the start of his career.”
Two former parishioners came forward after Haynes’ 2014 arrest on child-pornography charges to accuse him of sexual abuse dating back more than three decades.
Their claims fell beyond the statute of limitations. But under federal sentencing guidelines the allegations could be considered by U.S. District Judge R. Barclay Surrick in fashioning a punishment for the priest despite Haynes’ insistence that he never sexually abused anyone.
In all, prosecutors alleged that Haynes had some form of sexual contact – ranging from online conversations to molestation – with at least 30 children between 1985 and 2014. As part of Haynes’ plea deal to child-pornography charges involving two teens, the government agreed to halt any further investigation.
“The crimes that were committed here were outrageous,” Surrick said Wednesday. “The individuals that were hurt by these crimes will spend the rest of their lives trying to get beyond it.”
Church officials maintain that no abuse allegations had been lodged against Haynes before his 2014 child-pornography arrest.
But prosecutors said Wednesday that even before then, he had shown signs of emotional distress. The Archdiocese of Philadelphia paid for him to receive counseling starting in 1999, including two stints in inpatient treatment.
It was during the more recent of those stays at a church-affiliated mental-health facility outside Toronto a year before his arrest that Haynes first revealed his struggle with gender identity, his lawyer Alan J. Tauber said.
“It is something that created enormous anxieties and dissonance in his life,” he said. “He internalized the message that he was fundamentally flawed.”
Still, Rotella noted that while Haynes’ patient files indicated he had been admitted for “cross-dressing and gender-identity issues,” archdiocesan files noted he was being treated for anger management.
For his part, Haynes – a beefy, soft-spoken man whose breath appeared to fail him as he rose to address the judge – turned to the Bible as he expressed remorse to his victims, his fellow priests, and his parishioners.
“My offenses, truly I know them,” he said, quoting Psalm 51. “My sin is always before me.”
But Wednesday was the first time the full scope of those sins was put on display for his victims and their relatives, some of whom sat in the courtroom gallery as prosecutors quickly flashed through dozens of pornographic images and videos found in Haynes’ possession.
“Oh, my God, oh, my God,” came the whispered refrain from one woman – the mother of a Washington state girl who was 12 when Haynes, posing online as a 15-year-old named Katie Caponetti, solicited her to send sexually explicit photos of herself.
Chester County detectives arrested him in October 2014 after tracing his online activity to his computer at the rectory at SS. Simon and Jude.
He immediately confessed to routinely posing as a teenage girl online to swap hundreds of pornographic images of children and attempt to persuade minors to send him graphic photos of themselves.
Ordained in 1985, Haynes had served at eight parishes in the Pennsylvania suburbs, also including Our Lady of Mount Carmel in Doylestown; St. John of the Cross in Roslyn; Our Lady of Good Counsel in Southampton; St. Pius X in Broomall; Our Lady of Perpetual Help in Morton; and Annunciation in Havertown.
In addition to his prison term, he was ordered Wednesday to serve 10 years’ federal probation after his release and pay a $15,000 fine. He has also agreed to leave the ministry, Tauber said.
“Mark Haynes was incredibly devoted and hardworking, and loved being a priest,” he said. “He has confessed his crimes, accepted responsibility, and sought forgiveness from the victims and their families.”
Full article: http://www.philly.com/philly/news/20160218_Predator_priest_sentenced_to_20_years_in_prison.html#uGwSkXmx4A360KS3.99
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Victims of historic sexual abuse have 100 days left to come forward and file an action for damages before the claim window closes in Minnesota.
In 2013, the state lifted the statute of limitations for child sex abuse through the Minnesota Child Victims Act, giving victims a three-year window to file a civil lawsuit seeking damages for abuse that may have happened decades ago.
Previously, a victim of child abuse had to file a lawsuit by the time they were 24 years old, but a temporary window for people aged over 24 was opened after advocates argued it could take many years for victims to come to terms with their abuse.
This window for lawsuits will close on May 25.
The exception is claims against the Archdiocese of St. Paul and Minneapolis, the deadline for which was moved up to Aug. 3, 2015, by a bankruptcy judge in order to speed up the archdiocese’s financial reorganization.
Victims of sexual abuse from any other Catholic diocese or other institutions in Minnesota still have until May 25 to file.
Dioceses struggling in wake of abuse claims
The Star Tribune reported last year that many of the lawsuits filed have been against the Catholic Church in Minnesota, with hundreds of people claiming they were abused by clergy and staff in churches, schools and family homes from the 1950s to 2010s.
The Archdiocese of St. Paul and Minneapolis was criminally charged last year for its failure to protect children who were abused by former priest Curtis Wehmeyer.
In January 2015, it filed for bankruptcy as it prepared to handle the raft of lawsuits filed against it under the Child Victims Act.
In December, the Diocese of Duluth also filed for Chapter 11 bankruptcy protection in the wake of a sex abuse case concerning “Doe 30,” who was awarded more than $8 million in damages after he was abused by a priest at St. Catherine’s Church in Squaw Lake in the late 1970s.
This week, the Duluth Diocese and attorneys representing child abuse victims agreed to enter mediation to settle victims’ claims, WDAY reports. Church representatives said entering bankruptcy would help the diocese protect its assets while allowing it to pay out what is due victims.
Going forward under the Minnesota Child Victims Act, there is no statute of limitation for filing a lawsuit for anyone subjected to sexual abuse when they’re under the age of 18. There’s also no a statute of limitation if the victim was under 24 at the time the Child Victims Act came into force on May 25, 2013.
Full article: http://bringmethenews.com/2016/02/16/just-100-days-left-to-file-child-sex-abuse-lawsuits-before-deadline/
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Child sexual abuse survivors will be able to make civil claims regardless of the date of an alleged incident under legislation being introduced into New South Wales Parliament today.
Key points:
The legislation removes the time limit on civil claims for child sexual abuse
The change is part of NSW Government’s response to the child sex abuse royal commission
Survivor support groups continue to call for a national redress scheme
The Government flagged last year that it was considering removing the time limit on suing for damages as part of its response to the Royal Commission into Institutional Responses to Child Sexual Abuse.
“There should be no use-by date for justice for survivors of child abuse,” Attorney-General Gabrielle Upton said.
“This change will remove a significant barrier in the way of that justice.”
Under existing laws, victims of child sexual abuse in NSW typically have had between three and 12 years to pursue compensation in a civil court before the statute of limitations can be used to block their claims.
National redress scheme still needed, survivors groups say
Groups representing survivors of institutional abuse have welcomed the move but said it was long overdue.
Care Leavers of Australia Network (CLAN) spokeswoman Leonie Sheedy said the Government needed to ensure there was adequate support for people who wanted to make claims.
“It costs a lot of money to deal with lawyers and we are not like the middle classes, we have lived very marginalised lives, we’ve got limited education,” she said.
She said all governments needed to work together to quickly set up a full national redress scheme, as it was difficult for survivors to pursue civil claims.
“A lot of survivors haven’t got the emotional energy to take a civil case to the courts, they don’t have the financial means and they don’t have the emotional energy to do that … they want justice through a national redress scheme,” she said.
Ms Upton said discussions were continuing with the Commonwealth and other State and Territories about a redress scheme that could accept applications from survivors by no later than July 2017, as recommended by the royal commission.
She said the State Government believed a single national redress scheme for survivors was the best way to ensure consistent, accessible justice for survivors regardless of where the abuse occurred.
Ms Upton said the State Government would also take further steps this year to address the royal commission’s other recommendations on redress and civil litigation.
“We know there is more to do, and the NSW Government will release a consultation paper in the coming months in relation to the royal commission’s other civil litigation recommendations,” Ms Upton said.
Full article: http://www.abc.net.au/news/2016-02-16/legislative-changes-remove-time-limit-for-child-abuse-victims/7172562
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Ireland’s Court of Appeal last week potentially cleared the way for thousands of people in this country who attended the country’s notorious industrial schools but missed the deadline for compensation from the Residential Institutions Redress Board.
Mr Justice Gerard Hogan, on behalf of the three-judge Appeal Court, quashed a High Court decision agreeing with the Redress Board that a 58-year old man had applied too late under the compensation scheme. His claim can now be reconsidered.
Tony Kelly, who started life in St Teresa’s mother and baby home in Blackrock, and has campaigned for justice for the many people mistreated in all such homes, told his story to the Irish World in 2014.
Tony had searched for information on his parents for years, finding out all about them just too late after both were dead and buried.
He welcomed last week’s ruling and told the Irish World: “This is a very important decision by Mr. Justice Hogan and the other Judges who sat with him in The Supreme Court.
“It now paves the way for an untold amount of men and women who were in these homes and schools like myself and suffered abuse to go forward now and make their rightful claim for compensation for the wrongs done to them.
“As we know an awful lot of these men and women emigrated to the UK and elsewhere and sadly some never returned to Ireland.
“Many of them are like the man who took this legal challenge and cannot read or write and were unaware of time constraints.
Many of them are like the man who took this legal challenge and cannot read or write
“Of course the Redress Board did not except those facts as exceptional circumstances,” he said.
“What I would like to see now is for this judgment to be published and highlighted so that all men and women in the UK and elsewhere who spent time in these so called homes and industrial schools and suffered abuse can be made aware that they can now make an application for compensation”.
The Redress Board had originally refused to extend time for him to apply because he had not established “exceptional circumstances” as required by the 2002 law, which set up the redress system.
The man claimed he had not applied in time because he was illiterate and drank heavily between 2002 and 2005.
He had been aware from TV and radio reports of various institutional child abuse scandals but had assumed they were exclusively associated with sexual abuse and the clergy.
He had lived as a boy in St Kieran’s Industrial School where he says he suffered the abuse and only became aware of his possible entitlement when his girlfriend saw an advertisement from a local solicitor in September 2011, which was just before the cut-off date for applications to the Redress board.
Mr Justice Hogan said at the heart of the man’s claim was the refusal to extend time was based on the wrong premise of an interpretation of the words “exceptional circumstances”, as contained in Section 8(2) of the 2002 Residential Institutions Redress Board Act.
Mr Justice Hogan said a recent Supreme Court decision found the power to extend time should be given “a wide and liberal interpretation.”
A person seeking a time extension need only demonstrate the existence of exceptional circumstances in its plainest terms, he said.
Full article: http://www.theirishworld.com/irish-court-clears-way-for-out-of-time-abuse-claims/
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Nicole Winfield, Popes: Bishops who reassign suspect pedophiles should resign, AP
/in Uncategorized /by SOL ReformABOARD THE PAPAL PLANE (AP) — Pope Francis says any bishop who moves a suspected pedophile priest from parish to parish should resign.
Francis spoke about the church’s handling of sex abuse cases while flying home Wednesday from Mexico, where victims of that country’s most notorious pedophile, the Rev. Marcial Maciel, are still coping with the trauma of his abuse.
“It’s a monstrosity,” Francis said of clerical abuse. “Because a priest is consecrated to bring a child to God. And if he consumes him in a diabolical sacrifice, it destroys him.”
The role of bishops in the abuse scandal made headlines again recently after a French priest told a Vatican course for new bishops that they don’t have to report suspected abuse to police. His comments drew a swift correction from Francis’ top adviser, Cardinal Sean O’Malley, who said bishops have an “ethical and moral” obligation to report suspected pedophiles to civil authorities.
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“A bishop who changes parish (for a priest) when he detects pederasty is reckless and the best thing he can do is present his resignation,” Francis said. “Clear?”
Francis also reaffirmed the Vatican’s oversight of Maciel’s Legion of Christ, saying it is continuing to help the scandal-plagued religious order reform and praising his predecessor for bringing the truth of Maciel’s misdeeds to light.
Maciel founded the Legion in Mexico in the 1940s, and it became one of the wealthiest and fastest-growing orders in the world. It is, however, emblematic of the Mexican church that Francis so acutely criticized during his trip, with close ties to Mexico’s rich and powerful who by and large send their children to Legion-run schools.
The Vatican in 2010 took the order over after the Legion admitted, after decades of denial, that Maciel had sexually molested his seminarians and fathered at least three children.
Francis told reporters that the Vatican still plays a prominent role in running the order, even after it elected a new leadership 2014 and revised its founding constitutions. Francis recalled that while the superior general was elected from among rank-and-file Legion priests, he himself appointed the vicar, who also serves as a counselor on the governing board, as well as a second counselor.
He termed the status “semi-intervention.”
“In this way, we are continuing to help them review their past,” he said.
The Legion saga represents one of the gravest scandals of the 20th-century Catholic Church, emblematic of the way Church leaders protected their own at the expense of victims of clerical sex abuse. The scandal tarnished the legacy of St. John Paul II, since Vatican officials under his watch ignored credible allegations of Maciel’s misdeeds and instead held him up as a model of religious orthodoxy who brought in vocations and donations.
Francis recalled that then-Cardinal Joseph Ratzinger, who was in charge of the Vatican office that handled sex abuse cases, had tried for years to sanction Maciel but was blocked. Francis didn’t say by whom, but it is well known that John Paul’s No. 2, Cardinal Angelo Sodano, prevented any action from being taken. Ratzinger later became Pope Benedict XVI, Francis’ predecessor.
“Here, I’d like to pay homage to the man who fought at times when he didn’t have the strength to impose himself until he could impose himself. Ratzinger. Cardinal Ratzinger. An applause for him,” Francis said.
He said Ratzinger had gathered all the documentation about Maciel’s crimes, conducted a full investigation into him, but couldn’t execute any sentence until 2006 after John Paul had died.
“I want to remember this, because sometimes we forget this hidden work that was the basis of uncovering” the situation, he said.
Full article here: http://bigstory.ap.org/article/c982d681674e4b59b060911d77dad4d9/popes-bishops-who-reassign-suspect-pedophiles-should-resign
Joseph Pelletier, CDL. O’MALLEY: BISHOPS HAVE ‘MORAL AND ETHICAL’ DUTY TO REPORT ABUSE, Church Militant
/in Uncategorized /by SOL Reformf new guidelines, Counters claim by French monsignor and surpasses Vatican guideline requirements
VATICAN (ChurchMilitant.com) – The cardinal of Boston is affirming clergy have a “moral and ethical responsibility” to report clerical sex abuse.
In response to reports that a French priest informed new bishops they were not obligated to report suspected abuse, Boston archbishop Seán O’Malley, acting as head of the Pontifical Commission for the Protection of Minors, asserted in a statement Monday the Church has a duty to inform authorities of potential abuse.
“Our obligations under civil law must certainly be followed, but even beyond these civil requirements, we all have a moral and ethical responsibility to report suspected abuse to the civil authorities who are charged with protecting our society,” the cardinal said.
Monsignor Tony Anatrella, a Paris-based priest, quoting from a new Vatican training document, instructed a group of new prelates during a Vatican-established training program they had no obligation to divulge possible abuse cases to police. The document states:
According to the state of civil laws of each country where reporting is obligatory, it is not necessarily the duty of the bishop to report suspects to authorities, the police or state prosecutors in the moment when they are made aware of crimes or sinful deeds.
Anatrella, who acts as a consulter to the Pontifical Council for the Family and the Pontifical Council for Health Care Workers, is a psychotherapist known for his contentious views on homosexuality and gender theory.
According to Cdl. O’Malley, there is no official basis for the monsignor’s claim, as the Vatican’s most recent rule book regarding sex abuse, the 2010 “Guide to Understanding Basic Congregation for the Doctrine of the Faith Procedures Concerning Sexual Abuse Allegations,” declares “civil law concerning the reporting of crimes to the appropriate authorities should always be followed.”
This rule, Cdl. O’Malley asserts, is “reaffirmed” at each annual training session “clearly and explicitly.”
O’Malley’s own Pontifical Commission for the Protection of Minors, formed in 2014 by Pope Francis, has been heavily criticized recently by laymen panel members. British child sex abuse activist Peter Saunders, who was unexpectedly given a leave of absence from his position on the commission, has called the “Vatican system” wholly “corrupt and unwilling to do the right thing.” Vatican sources have stated the leave of absence was provoked by members of the panel over a potential conflict of interest, given Saunders’ role as activist and panel member.
Saunders, appointed to the commission by Pope Francis, expressed frustration that there has been “no real change” occurring as a result of the newly formed committee.
A second panelist, Marie Collins, also criticized the Roman Curia Monday for resisting proposed changes and delaying implementation of new guidelines, calling the body a “brick wall.”
Full article: http://www.churchmilitant.com/news/article/cdl-omalley-bishops-have-moral-and-ethical-duty-to-report-abuse
Jeremy Roebuck, Predator priest sentenced to 20 years in prison, Philly.com
/in Uncategorized /by SOL ReformBy the time he was in high school, Mark Haynes felt called to devote his life to the Catholic priesthood.
But from a much earlier age, his lawyer said Wednesday, Haynes realized something else that set him apart – an unshakable feeling that by some accident of genetics, he had been born a woman stuck in the body of a man.
Haynes’ therapist would later conclude that the dissonance between his vocation and the condition he came to view as an affliction led him to an addiction to child pornography and a series of online predatory sexual encounters with children that have landed the 56-year-old suspended priest in prison.
Federal prosecutors balked at that explanation Wednesday as Haynes, most recently of SS. Simon and Jude Parish in Westtown, was sentenced to 20 years’ incarceration, in a case as notable for the charges he will never face as those to which he pleaded guilty last year.
By the time he was in high school, Mark Haynes felt called to devote his life to the Catholic priesthood.
But from a much earlier age, his lawyer said Wednesday, Haynes realized something else that set him apart – an unshakable feeling that by some accident of genetics, he had been born a woman stuck in the body of a man.
Haynes’ therapist would later conclude that the dissonance between his vocation and the condition he came to view as an affliction led him to an addiction to child pornography and a series of online predatory sexual encounters with children that have landed the 56-year-old suspended priest in prison.
Federal prosecutors balked at that explanation Wednesday as Haynes, most recently of SS. Simon and Jude Parish in Westtown, was sentenced to 20 years’ incarceration, in a case as notable for the charges he will never face as those to which he pleaded guilty last year.
“Transgender does not equate to sexually abusing children. It doesn’t make him a pedophile,” Assistant U.S. Attorney Michelle Rotella said. “He was victimizing children from almost the start of his career.”
Two former parishioners came forward after Haynes’ 2014 arrest on child-pornography charges to accuse him of sexual abuse dating back more than three decades.
Their claims fell beyond the statute of limitations. But under federal sentencing guidelines the allegations could be considered by U.S. District Judge R. Barclay Surrick in fashioning a punishment for the priest despite Haynes’ insistence that he never sexually abused anyone.
In all, prosecutors alleged that Haynes had some form of sexual contact – ranging from online conversations to molestation – with at least 30 children between 1985 and 2014. As part of Haynes’ plea deal to child-pornography charges involving two teens, the government agreed to halt any further investigation.
“The crimes that were committed here were outrageous,” Surrick said Wednesday. “The individuals that were hurt by these crimes will spend the rest of their lives trying to get beyond it.”
Church officials maintain that no abuse allegations had been lodged against Haynes before his 2014 child-pornography arrest.
But prosecutors said Wednesday that even before then, he had shown signs of emotional distress. The Archdiocese of Philadelphia paid for him to receive counseling starting in 1999, including two stints in inpatient treatment.
It was during the more recent of those stays at a church-affiliated mental-health facility outside Toronto a year before his arrest that Haynes first revealed his struggle with gender identity, his lawyer Alan J. Tauber said.
“It is something that created enormous anxieties and dissonance in his life,” he said. “He internalized the message that he was fundamentally flawed.”
Still, Rotella noted that while Haynes’ patient files indicated he had been admitted for “cross-dressing and gender-identity issues,” archdiocesan files noted he was being treated for anger management.
For his part, Haynes – a beefy, soft-spoken man whose breath appeared to fail him as he rose to address the judge – turned to the Bible as he expressed remorse to his victims, his fellow priests, and his parishioners.
“My offenses, truly I know them,” he said, quoting Psalm 51. “My sin is always before me.”
But Wednesday was the first time the full scope of those sins was put on display for his victims and their relatives, some of whom sat in the courtroom gallery as prosecutors quickly flashed through dozens of pornographic images and videos found in Haynes’ possession.
“Oh, my God, oh, my God,” came the whispered refrain from one woman – the mother of a Washington state girl who was 12 when Haynes, posing online as a 15-year-old named Katie Caponetti, solicited her to send sexually explicit photos of herself.
Chester County detectives arrested him in October 2014 after tracing his online activity to his computer at the rectory at SS. Simon and Jude.
He immediately confessed to routinely posing as a teenage girl online to swap hundreds of pornographic images of children and attempt to persuade minors to send him graphic photos of themselves.
Ordained in 1985, Haynes had served at eight parishes in the Pennsylvania suburbs, also including Our Lady of Mount Carmel in Doylestown; St. John of the Cross in Roslyn; Our Lady of Good Counsel in Southampton; St. Pius X in Broomall; Our Lady of Perpetual Help in Morton; and Annunciation in Havertown.
In addition to his prison term, he was ordered Wednesday to serve 10 years’ federal probation after his release and pay a $15,000 fine. He has also agreed to leave the ministry, Tauber said.
“Mark Haynes was incredibly devoted and hardworking, and loved being a priest,” he said. “He has confessed his crimes, accepted responsibility, and sought forgiveness from the victims and their families.”
Full article: http://www.philly.com/philly/news/20160218_Predator_priest_sentenced_to_20_years_in_prison.html#uGwSkXmx4A360KS3.99
Adam Uren, Just 100 days left to file child sex abuse lawsuits before deadline, Bring Me the News
/in Minnesota /by SOL ReformVictims of historic sexual abuse have 100 days left to come forward and file an action for damages before the claim window closes in Minnesota.
In 2013, the state lifted the statute of limitations for child sex abuse through the Minnesota Child Victims Act, giving victims a three-year window to file a civil lawsuit seeking damages for abuse that may have happened decades ago.
Previously, a victim of child abuse had to file a lawsuit by the time they were 24 years old, but a temporary window for people aged over 24 was opened after advocates argued it could take many years for victims to come to terms with their abuse.
This window for lawsuits will close on May 25.
The exception is claims against the Archdiocese of St. Paul and Minneapolis, the deadline for which was moved up to Aug. 3, 2015, by a bankruptcy judge in order to speed up the archdiocese’s financial reorganization.
Victims of sexual abuse from any other Catholic diocese or other institutions in Minnesota still have until May 25 to file.
Dioceses struggling in wake of abuse claims
The Star Tribune reported last year that many of the lawsuits filed have been against the Catholic Church in Minnesota, with hundreds of people claiming they were abused by clergy and staff in churches, schools and family homes from the 1950s to 2010s.
The Archdiocese of St. Paul and Minneapolis was criminally charged last year for its failure to protect children who were abused by former priest Curtis Wehmeyer.
In January 2015, it filed for bankruptcy as it prepared to handle the raft of lawsuits filed against it under the Child Victims Act.
In December, the Diocese of Duluth also filed for Chapter 11 bankruptcy protection in the wake of a sex abuse case concerning “Doe 30,” who was awarded more than $8 million in damages after he was abused by a priest at St. Catherine’s Church in Squaw Lake in the late 1970s.
This week, the Duluth Diocese and attorneys representing child abuse victims agreed to enter mediation to settle victims’ claims, WDAY reports. Church representatives said entering bankruptcy would help the diocese protect its assets while allowing it to pay out what is due victims.
Going forward under the Minnesota Child Victims Act, there is no statute of limitation for filing a lawsuit for anyone subjected to sexual abuse when they’re under the age of 18. There’s also no a statute of limitation if the victim was under 24 at the time the Child Victims Act came into force on May 25, 2013.
Full article: http://bringmethenews.com/2016/02/16/just-100-days-left-to-file-child-sex-abuse-lawsuits-before-deadline/
Sarah Gerath, Time limit on suing for damages following child sex abuse removed by New South Wales Parliament, ABC
/in Uncategorized /by SOL ReformChild sexual abuse survivors will be able to make civil claims regardless of the date of an alleged incident under legislation being introduced into New South Wales Parliament today.
Key points:
The legislation removes the time limit on civil claims for child sexual abuse
The change is part of NSW Government’s response to the child sex abuse royal commission
Survivor support groups continue to call for a national redress scheme
The Government flagged last year that it was considering removing the time limit on suing for damages as part of its response to the Royal Commission into Institutional Responses to Child Sexual Abuse.
“There should be no use-by date for justice for survivors of child abuse,” Attorney-General Gabrielle Upton said.
“This change will remove a significant barrier in the way of that justice.”
Under existing laws, victims of child sexual abuse in NSW typically have had between three and 12 years to pursue compensation in a civil court before the statute of limitations can be used to block their claims.
National redress scheme still needed, survivors groups say
Groups representing survivors of institutional abuse have welcomed the move but said it was long overdue.
Care Leavers of Australia Network (CLAN) spokeswoman Leonie Sheedy said the Government needed to ensure there was adequate support for people who wanted to make claims.
“It costs a lot of money to deal with lawyers and we are not like the middle classes, we have lived very marginalised lives, we’ve got limited education,” she said.
She said all governments needed to work together to quickly set up a full national redress scheme, as it was difficult for survivors to pursue civil claims.
“A lot of survivors haven’t got the emotional energy to take a civil case to the courts, they don’t have the financial means and they don’t have the emotional energy to do that … they want justice through a national redress scheme,” she said.
Ms Upton said discussions were continuing with the Commonwealth and other State and Territories about a redress scheme that could accept applications from survivors by no later than July 2017, as recommended by the royal commission.
She said the State Government believed a single national redress scheme for survivors was the best way to ensure consistent, accessible justice for survivors regardless of where the abuse occurred.
Ms Upton said the State Government would also take further steps this year to address the royal commission’s other recommendations on redress and civil litigation.
“We know there is more to do, and the NSW Government will release a consultation paper in the coming months in relation to the royal commission’s other civil litigation recommendations,” Ms Upton said.
Full article: http://www.abc.net.au/news/2016-02-16/legislative-changes-remove-time-limit-for-child-abuse-victims/7172562
Bernard Purcell, Irish Court ‘clears way’ for out of time abuse claims, The Irish World
/in Uncategorized /by SOL ReformIreland’s Court of Appeal last week potentially cleared the way for thousands of people in this country who attended the country’s notorious industrial schools but missed the deadline for compensation from the Residential Institutions Redress Board.
Mr Justice Gerard Hogan, on behalf of the three-judge Appeal Court, quashed a High Court decision agreeing with the Redress Board that a 58-year old man had applied too late under the compensation scheme. His claim can now be reconsidered.
Tony Kelly, who started life in St Teresa’s mother and baby home in Blackrock, and has campaigned for justice for the many people mistreated in all such homes, told his story to the Irish World in 2014.
Tony had searched for information on his parents for years, finding out all about them just too late after both were dead and buried.
He welcomed last week’s ruling and told the Irish World: “This is a very important decision by Mr. Justice Hogan and the other Judges who sat with him in The Supreme Court.
“It now paves the way for an untold amount of men and women who were in these homes and schools like myself and suffered abuse to go forward now and make their rightful claim for compensation for the wrongs done to them.
“As we know an awful lot of these men and women emigrated to the UK and elsewhere and sadly some never returned to Ireland.
“Many of them are like the man who took this legal challenge and cannot read or write and were unaware of time constraints.
Many of them are like the man who took this legal challenge and cannot read or write
“Of course the Redress Board did not except those facts as exceptional circumstances,” he said.
“What I would like to see now is for this judgment to be published and highlighted so that all men and women in the UK and elsewhere who spent time in these so called homes and industrial schools and suffered abuse can be made aware that they can now make an application for compensation”.
The Redress Board had originally refused to extend time for him to apply because he had not established “exceptional circumstances” as required by the 2002 law, which set up the redress system.
The man claimed he had not applied in time because he was illiterate and drank heavily between 2002 and 2005.
He had been aware from TV and radio reports of various institutional child abuse scandals but had assumed they were exclusively associated with sexual abuse and the clergy.
He had lived as a boy in St Kieran’s Industrial School where he says he suffered the abuse and only became aware of his possible entitlement when his girlfriend saw an advertisement from a local solicitor in September 2011, which was just before the cut-off date for applications to the Redress board.
Mr Justice Hogan said at the heart of the man’s claim was the refusal to extend time was based on the wrong premise of an interpretation of the words “exceptional circumstances”, as contained in Section 8(2) of the 2002 Residential Institutions Redress Board Act.
Mr Justice Hogan said a recent Supreme Court decision found the power to extend time should be given “a wide and liberal interpretation.”
A person seeking a time extension need only demonstrate the existence of exceptional circumstances in its plainest terms, he said.
Full article: http://www.theirishworld.com/irish-court-clears-way-for-out-of-time-abuse-claims/