Three more former students at a Catholic school have settled sexual abuse lawsuits involving a Franciscan friar who worked at the school nearly 20 years ago, their attorney said.
Boston attorney Mitchell Garabedian said each of the cases settled for $50,000, or a total of $150,000, the (Johnstown) Tribune-Democrat (http://bit.ly/1FK9zVv ) reported Wednesday.
In October, Garabedian and other attorneys announced an $8 million settlement on behalf of 88 former Bishop McCort High School students alleging abuse by Brother Stephen Baker, who committed suicide more than two years ago. Those students each received between $60,000 and slightly more than $120,000.
Since the group settlement, other former students of the school in Johnstown, some 60 miles east of Pittsburgh, have come forward to sue the Altoona-Johnstown diocese and others. The diocese ran the school when Baker worked there.
Diocesan spokesman Tony DeGol declined to comment on the latest settlements saying, “As always, the diocese does not comment on matters that involve litigation.”
The latest settlements involved men who were 14 to 17 when they were abused by Baker while attending the school from 1996 to 2000, Garabedian said.
Baker worked as an athletic trainer at the school from 1992 to 2001. He stabbed himself in the heart at his western Pennsylvania monastery in January 2013. That occurred nine days after the Youngstown, Ohio, diocese disclosed settlements with 11 former students who said they were abused by Baker at John F. Kennedy High School in Warren, Ohio, from 1986 to 1990.
News of the Ohio settlements prompted many of the Bishop McCort victims to come forward.
The school is no longer run by the diocese and is now headed by an independent board. But Garabedian said the school and Baker’s religious community — the Province of the Immaculate Conception of the Third Order Regular Franciscans — were also involved in the three new settlements.
Matt Beynon, a spokesman for Bishop McCort, said the school “as it has been constituted as an organization since 2008, was not a party to or privy to the settlements.”
Officials from the religious order didn’t immediately respond to requests for comment Wednesday.
Altoona attorney Richard Serbin, who represented 13 former students included in the October settlement, said he’s also had three other newer claims by former students settle in recent months.
Garabedian continues to represent former students from the Youngstown school and another in Orchard Lake, Michigan, where Baker taught in the mid-1980s, in settlement talks about still more claims.
“It’s been my experience that the amount of damage caused by pedophiles is ongoing,” said Garabedian, who specializes in clergy sex abuse cases. “Victims continue to come forward, with no end in sight.”
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-04-16 02:55:472015-04-16 02:56:46Associated Press, Lawyer: 3 more friar abuse suits settled by former students, Centre Daily Times
The Texas Association Against Sexual Assault (TAASA) championed a bill sponsored by a bi-partisan group of representatives on behalf of child victims of sexual violence. The bill would eliminate the statute of limitations for civil law suits arising from child sexual abuse, which is currently only 5 years. Child sexual assault is the ultimate betrayal of a child’s trust and innocence. Disclosures most often are delayed or go unheard for an inordinate amount of time. “Child victims may not disclose for years due to the confusion and/or fear associated with the dynamics of child sexual assault,” says Annette Burrhus-Clay, Executive Director at TAASA. “This bill provides an option for survivors and takes into account the realities of child sexual assault.”
Eliminating the civil statute of limitations empowers child victims of sexual abuse and prevents cover-ups that help predators stay hidden. “HB 1102 is for the safety of the children of Texas. Civil lawsuits expose predators, discourage cover-ups, and protect other children from continued abuse,” says Representative Senfronia Thompson of Houston, TX, who authored HB 1102.
This measure would prevent predators from waiting out the clock on their victims and would eliminate the economic incentive for institutions to cover up abuse. “Sexual abuse is obviously different from other types of cases where we have statutes of limitations. A ticking clock doesn’t encourage kids to point out their abusers more quickly. It only serves to protect predators and enable cover-ups.”
The timing of the hearing occurs as communities across Texas commemorate the month of April as Sexual Assault Awareness Month and Child Abuse Awareness Month. The bill is also supported by Texas CASA, TexProtects, and the Children’s Advocacy Centers of Texas.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-04-16 02:49:542015-04-16 02:49:54Texas Capitol Hearing for HB 1102, Texas Association Against Sexual Assault
The Roman Catholic Archdiocese of St. Paul and Minneapolis, which has filed for bankruptcy protection in the face of clergy abuse claims, is asking the court to sidestep a state law and reduce the window for victims’ claims by about nine months.
Minnesota lawmakers decided that victims of past child sexual abuse should have more time to file lawsuits and hold their abusers accountable, no matter how long ago the abuse occurred. The Legislature suspended the statute of limitations and created a three-year window, ending in May 2016.
The archdiocese argued in its motion that, since whistleblower efforts gained momentum in 2013, followed by the Legislature’s passage of the Child Victims Act, church officials have reviewed personnel files to identify accused priests and possible victims; the church has disclosed names of “credibly accused” clergy; and the issue of clergy abuse has been covered by media.
In short, publicity has alerted victims who might wish to file a claim.
The archdiocese is seeking an Aug. 3 deadline for victims to file claims with the court. The legislative window, set by the Child Victim Act, ends May 25, 2016.
In a statement regarding the deadline request, Archbishop John Nienstedt said the deadline would “add certainty” and would speed up the reorganization process.
“We recognize the proposed claim filing deadline is sooner than the end of the lifting of the statute of limitations for sexual abuse, so we will be extensively publicizing the approved date locally and nationally so all claimants will have a fair opportunity to participate in the process,” Nienstedt’s statement said. “We continue to pray for all those hurt by sexual abuse.”
Attorneys representing abuse victims have objected to the church’s request.
The church’s “negligent conduct” caused the abuse, attorneys for victims argued. Then, when lawsuits were filed, the archdiocese “fought survivors in court and used the statute of limitations defense to get the vast majority of abuse cases dismissed,” according to the papers submitted by the firm of Jeff Anderson, who represents many victims.
Because of the archdiocese’s actions, the Legislature passed the law extending the statute of limitations, the Anderson objection said. “Given the Archdiocese’s negligent conduct, it should not be allowed to cut short survivors’ rights under the Child Victims Act.”
The Anderson attorneys argued that, even if the window for claims was reduced for the archdiocese, victims are still allowed the legislative deadline to file claims against parishes. And, based on similar bankruptcy cases, the existing claims likely won’t be resolved until that May 25, 2016, deadline anyway, their objection said.
The creditors committee, comprised primarily of clergy abuse victims, also objected to the church’s request.
Asking the court to set an earlier deadline is asking the court to disregard “a deliberate legislative process” and “clear legislative intent,” the creditors committee argued. “The Archdiocese’s request is unnecessary, unprecedented, violates public policy, and should be denied.”
The issue will be heard Thursday at the federal courthouse in Minneapolis.
Other issues to be discussed at the hearing include: a request by local parishes to create a formal parish committee, making them an official player in the bankruptcy proceedings; the format for sexual abuse claims form to be used by victims; and approval of confidentiality procedures for victims’ claims, which is being challenged by the Star Tribune.
The archdiocese filed for Chapter 11 reorganization in January, making it the 14th Catholic organization to file bankruptcy. Church officials called it the best option to address pending and future claims of clergy sexual abuse “fairly and with finality.”
Almost immediately after the bankruptcy filing, U.S. Bankruptcy Judge Robert Kressel ordered the archdiocese into mediation with the creditors, primarily victims of sexual abuse, and the archdiocese’s insurance companies.
The judge last week granted the archdiocese an extension to file its Chapter 11 reorganization plan by Nov. 30.
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-04-15 02:38:062015-04-15 02:38:06Elizabeth Mohr, Archdiocese of the Twin Cities asks court to reduce window for victims to file claims, St. Paul Pioneer Press
Candace Conti drew worldwide attention in her fight against the Jehovah’s Witnesses when a jury awarded her $28 million in damages – the largest verdict for a single victim of child abuse against a religious organization in U.S. history.
The amount was later reduced to $15.6 million, including $8.6 million in punitive damages.
Now, three years later, an appeals court has eroded her courtroom victory even further by ruling that the leadership of the Jehovah’s Witnesses had no duty to warn congregants that a confessed child molester was one of their own. As a result, judges eliminated the punitive damages in the case. Conti still stands to receive $2.8 million.
The decision by the California Court of Appeal is the latest ruling in a rash of lawsuits aimed at Jehovah’s Witnesses policies directing elders to keep child abuse secret from their congregations and secular authorities.
Conti, who is no longer a Jehovah’s Witness, had sued her abuser, her former congregation in Fremont and the Watchtower Bible and Tract Society of New York – the Jehovah’s Witnesses’ parent corporation – in 2011. She claimed that Watchtower policies allowed a Witness named Jonathan Kendrick to molest her repeatedly when she was 9 and 10 years old.
Kendrick had admitted to North Fremont congregation elders that he had sexually abused his stepdaughter. The elders informed the Watchtower of Kendrick’s confession in 1993, but in accordance with Watchtower policy did not notify police or warn the congregation. Soon after, Conti says, Kendrick began abusing her.
In their ruling Monday, the judges said forcing the leadership of Jehovah’s Witnesses to warn congregants about child abusers would be too burdensome.
“While it is readily foreseeable that someone who has molested a child may do so again, the burden the duty to warn would create and the adverse social consequences the duty would produce outweigh its imposition,” the judges wrote.
“The burden would be considerable because the precedent could require a church to intervene whenever it has reason to believe that a congregation member is capable of doing harm, and the scope of that duty could not be limited with any precision.
“Since that ‘secrecy policy’ was the only basis for the punitive damages assessed against Watchtower, the punitive damage award must be reversed,” the judges added.
Rick Simons, Conti’s attorney, disagreed with the new ruling in an interview.
“They think in public policy terms that there’s too much risk in broadening the church’s responsibility and liability so that it burdens what churches do,” he said. “We think there’s too much child abuse in these institutions.”
Conti could not immediately be reached for comment.
The judges also touched on a contentious national debate over religious exceptions to reporting child abuse. California law requires clergy to report suspected child abuse to secular authorities unless they learn of it through a penitential communication, like a confession in the Catholic church. Kendrick’s admission to elders in 1993, they wrote, failed to meet that standard.
“The privilege for penitential communications does not apply unless the communication is made ‘in the presence of no third person so far as the penitent is aware,’ a condition not satisfied at the Kendrick family meeting with the Congregation elders,” the judges wrote.
Dozens of lawsuits in recent years have focused on a series of Watchtower memos dating back to 1989 that direct elders to keep cases of child abuse secret from law enforcement and their congregations.
Watchtower officials have testified under oath that since 1997, the organization has collected detailed information on known child sexual abusers in its congregations.
Last year, a San Diego judge awarded Jose Lopez – a former Jehovah’s Witness who was abused by a man in his San Diego congregation when he was 7 years old – $13.5 million after the Watchtower refused to provide its list of known predators.
In the Conti case, the panel upheld the lower court’s ruling that the Watchtower and elders in the North Fremont congregation failed to supervise Kendrick when he preached door to door in the community, a practice Jehovah’s Witnesses call field service.
According to Conti, the North Fremont elders would group her with Kendrick for long afternoons of field service. She says he used those opportunities to take her to his house and sexually abuse her.
“While the Congregation may not have been able to police Kendrick’s behavior after scheduled field service was over, it could have controlled his access to Conti during the field service,” the judges wrote Monday.
Although Kendrick has confessed to abusing his stepdaughter, and later his stepgranddaughter, he denies abusing Conti.
Watchtower officials told the court they allow child molesters to perform field service, but not alone or with a child. They could not, however, produce a written policy for the court.
“Even if Watchtower had a policy of preventing known child molesters from performing field service alone or with children, there is no evidence that Watchtower did anything to implement that policy in Kendrick’s case,” the court found.
The judges went on to remark on the larger risk of allowing child abusers to preach door to door: “They are also a threat to children in the community when they engage in that activity. The prospect of children opening their doors to proselytizing child molesters is frightening.”
Watchtower officials did not immediately return calls for comment. James McCabe, the attorney representing the North Fremont congregation, declined to comment.
Simons said Conti has not decided yet whether to appeal the court’s decision. She has 30 days to do so.
Maryland State Delegate C.T. Wilson revealed for the first time during a committee testimony that he’d been repeatedly raped by his adoptive father between the ages of nine and 15.
Many people knew that Wilson, of Charles County, had it rough growing up as a foster child. But until his testimony during a state senate committee on March 18, they didn’t know how rough.
“I went from what was a difficult life to a downright hell,” Wilson told his colleagues.
It was not a spotlight Wilson sought, he said Wednesday in a follow up interview with WUSA9.
Scott Broom speaks with Delegate C.T. Wilson.
“I could have gone the rest of my life without talking about this,” Wilson said.
The former Army combat medic who went on to become a prosecutor and politician said he decided to reveal his secret in order to lead the way for others who were hesitating to testify on a child sexual abuse legal reform bill.
It was heart wrenching decision. Wilson describes a life of suffering in the wake of abuse and says at age 43, he is still unable to sleep because “my mind doesn’t want to go there.”
“I’m left with just me,” Wilson explained.
Wilson wants Maryland to remove the age limitation for victims of child sexual abuse to sue their abusers. Currently victims over the age of 25 may not bring suit.
“I want my legacy to be more than this. That’s why I’ve avoided a lot of it,” Wilson said. “But I guess letting others know they are not alone in their pain and suffering — I guess it’s worth it.”
The bill is opposed most notably by Maryland’s Catholic Archdiocese. The measure appears to be headed for defeat.
Regardless of the outcome, it appears Wilson’s reach has extended far beyond the hearing room.
Full article here: http://www.wusa9.com/story/news/local/maryland/2015/04/01/maryland-state-delegate-reveals-darkest-secret/70788648/
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-04-15 02:20:392015-04-15 02:20:39Scott Broom, Md. delegate says he was raped as a child, WUSA
Survivors of sexual abuse by members of the clergy have partnered with the Roman Catholic Diocese of Brooklyn to sponsor a Mass of Hope and Healing this Wednesday. The Most Reverend Nicholas DiMarzio, Bishop of Brooklyn, will be the main celebrant and homilist at the April 15 Mass at 7 p.m. at the Cathedral Basilica of St. James in Downtown Brooklyn.
“There has been much darkness in the past regarding this issue, but it must come out into the light,” said Bishop DiMarzio. “We must own up to past mistakes and seek to heal those who have been abused, and I must take this opportunity to publicly thank those who have come forward to help us shed light into the darkness of this most serious issue. These survivors have shown us that there is hope for healing and have helped us to identify the pastoral resources which our Diocese makes available to assist them on their journey.”
This liturgy originated from the work of the diocesan Office of Victims Assistance Ministry and a group of survivors who have joined forces to pray for the ongoing healing of sexual abuse survivors, their families, the Church, and for continued vigilance toward the protection of children and youth. Attendees will include clergy, survivors, family members of survivors and many others committed to the protection and safety of children.
Healing Intervention team members will be present for anyone wishing to speak to someone in regard to the services provided by the Office of Victim Assistance Ministry.
Bishop DiMarzio’s recent column on the Healing Mass can be read at thetablet.org. He also has a paper published on this issue, titled: “From Shadow to Light and From Scandal to Healing: the Experience of the Diocese of Brooklyn with the Sex Abuse Scandal.”
http://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpg00SOL Reformhttp://sol-reform.com/News/wp-content/uploads/2016/04/Hamilton-Logo.jpgSOL Reform2015-04-14 12:49:002015-04-14 12:49:00Francesca Norsen Tate, Diocese of Brooklyn sponsors mass of hope and healing for survivors of sexual abuse, Brooklyn Daily Eagle
Associated Press, Lawyer: 3 more friar abuse suits settled by former students, Centre Daily Times
/in Pennsylvania /by SOL ReformThree more former students at a Catholic school have settled sexual abuse lawsuits involving a Franciscan friar who worked at the school nearly 20 years ago, their attorney said.
Boston attorney Mitchell Garabedian said each of the cases settled for $50,000, or a total of $150,000, the (Johnstown) Tribune-Democrat (http://bit.ly/1FK9zVv ) reported Wednesday.
In October, Garabedian and other attorneys announced an $8 million settlement on behalf of 88 former Bishop McCort High School students alleging abuse by Brother Stephen Baker, who committed suicide more than two years ago. Those students each received between $60,000 and slightly more than $120,000.
Since the group settlement, other former students of the school in Johnstown, some 60 miles east of Pittsburgh, have come forward to sue the Altoona-Johnstown diocese and others. The diocese ran the school when Baker worked there.
Diocesan spokesman Tony DeGol declined to comment on the latest settlements saying, “As always, the diocese does not comment on matters that involve litigation.”
The latest settlements involved men who were 14 to 17 when they were abused by Baker while attending the school from 1996 to 2000, Garabedian said.
Baker worked as an athletic trainer at the school from 1992 to 2001. He stabbed himself in the heart at his western Pennsylvania monastery in January 2013. That occurred nine days after the Youngstown, Ohio, diocese disclosed settlements with 11 former students who said they were abused by Baker at John F. Kennedy High School in Warren, Ohio, from 1986 to 1990.
News of the Ohio settlements prompted many of the Bishop McCort victims to come forward.
The school is no longer run by the diocese and is now headed by an independent board. But Garabedian said the school and Baker’s religious community — the Province of the Immaculate Conception of the Third Order Regular Franciscans — were also involved in the three new settlements.
Matt Beynon, a spokesman for Bishop McCort, said the school “as it has been constituted as an organization since 2008, was not a party to or privy to the settlements.”
Officials from the religious order didn’t immediately respond to requests for comment Wednesday.
Altoona attorney Richard Serbin, who represented 13 former students included in the October settlement, said he’s also had three other newer claims by former students settle in recent months.
Garabedian continues to represent former students from the Youngstown school and another in Orchard Lake, Michigan, where Baker taught in the mid-1980s, in settlement talks about still more claims.
“It’s been my experience that the amount of damage caused by pedophiles is ongoing,” said Garabedian, who specializes in clergy sex abuse cases. “Victims continue to come forward, with no end in sight.”
JOHNSTOWN, Pa._ Lawyer_ 3 more friar abuse suits settled by former students _ Latest news _ CentreDaily
Texas Capitol Hearing for HB 1102, Texas Association Against Sexual Assault
/in Texas /by SOL ReformThe Texas Association Against Sexual Assault (TAASA) championed a bill sponsored by a bi-partisan group of representatives on behalf of child victims of sexual violence. The bill would eliminate the statute of limitations for civil law suits arising from child sexual abuse, which is currently only 5 years. Child sexual assault is the ultimate betrayal of a child’s trust and innocence. Disclosures most often are delayed or go unheard for an inordinate amount of time. “Child victims may not disclose for years due to the confusion and/or fear associated with the dynamics of child sexual assault,” says Annette Burrhus-Clay, Executive Director at TAASA. “This bill provides an option for survivors and takes into account the realities of child sexual assault.”
Eliminating the civil statute of limitations empowers child victims of sexual abuse and prevents cover-ups that help predators stay hidden. “HB 1102 is for the safety of the children of Texas. Civil lawsuits expose predators, discourage cover-ups, and protect other children from continued abuse,” says Representative Senfronia Thompson of Houston, TX, who authored HB 1102.
This measure would prevent predators from waiting out the clock on their victims and would eliminate the economic incentive for institutions to cover up abuse. “Sexual abuse is obviously different from other types of cases where we have statutes of limitations. A ticking clock doesn’t encourage kids to point out their abusers more quickly. It only serves to protect predators and enable cover-ups.”
The timing of the hearing occurs as communities across Texas commemorate the month of April as Sexual Assault Awareness Month and Child Abuse Awareness Month. The bill is also supported by Texas CASA, TexProtects, and the Children’s Advocacy Centers of Texas.
Texas Capitol Hearing for HB 1102 – TAASA
Elizabeth Mohr, Archdiocese of the Twin Cities asks court to reduce window for victims to file claims, St. Paul Pioneer Press
/in Minnesota, MN Post Window /by SOL ReformThe Roman Catholic Archdiocese of St. Paul and Minneapolis, which has filed for bankruptcy protection in the face of clergy abuse claims, is asking the court to sidestep a state law and reduce the window for victims’ claims by about nine months.
Minnesota lawmakers decided that victims of past child sexual abuse should have more time to file lawsuits and hold their abusers accountable, no matter how long ago the abuse occurred. The Legislature suspended the statute of limitations and created a three-year window, ending in May 2016.
The archdiocese argued in its motion that, since whistleblower efforts gained momentum in 2013, followed by the Legislature’s passage of the Child Victims Act, church officials have reviewed personnel files to identify accused priests and possible victims; the church has disclosed names of “credibly accused” clergy; and the issue of clergy abuse has been covered by media.
In short, publicity has alerted victims who might wish to file a claim.
The archdiocese is seeking an Aug. 3 deadline for victims to file claims with the court. The legislative window, set by the Child Victim Act, ends May 25, 2016.
In a statement regarding the deadline request, Archbishop John Nienstedt said the deadline would “add certainty” and would speed up the reorganization process.
“We recognize the proposed claim filing deadline is sooner than the end of the lifting of the statute of limitations for sexual abuse, so we will be extensively publicizing the approved date locally and nationally so all claimants will have a fair opportunity to participate in the process,” Nienstedt’s statement said. “We continue to pray for all those hurt by sexual abuse.”
Attorneys representing abuse victims have objected to the church’s request.
The church’s “negligent conduct” caused the abuse, attorneys for victims argued. Then, when lawsuits were filed, the archdiocese “fought survivors in court and used the statute of limitations defense to get the vast majority of abuse cases dismissed,” according to the papers submitted by the firm of Jeff Anderson, who represents many victims.
Because of the archdiocese’s actions, the Legislature passed the law extending the statute of limitations, the Anderson objection said. “Given the Archdiocese’s negligent conduct, it should not be allowed to cut short survivors’ rights under the Child Victims Act.”
The Anderson attorneys argued that, even if the window for claims was reduced for the archdiocese, victims are still allowed the legislative deadline to file claims against parishes. And, based on similar bankruptcy cases, the existing claims likely won’t be resolved until that May 25, 2016, deadline anyway, their objection said.
The creditors committee, comprised primarily of clergy abuse victims, also objected to the church’s request.
Asking the court to set an earlier deadline is asking the court to disregard “a deliberate legislative process” and “clear legislative intent,” the creditors committee argued. “The Archdiocese’s request is unnecessary, unprecedented, violates public policy, and should be denied.”
The issue will be heard Thursday at the federal courthouse in Minneapolis.
Other issues to be discussed at the hearing include: a request by local parishes to create a formal parish committee, making them an official player in the bankruptcy proceedings; the format for sexual abuse claims form to be used by victims; and approval of confidentiality procedures for victims’ claims, which is being challenged by the Star Tribune.
The archdiocese filed for Chapter 11 reorganization in January, making it the 14th Catholic organization to file bankruptcy. Church officials called it the best option to address pending and future claims of clergy sexual abuse “fairly and with finality.”
Almost immediately after the bankruptcy filing, U.S. Bankruptcy Judge Robert Kressel ordered the archdiocese into mediation with the creditors, primarily victims of sexual abuse, and the archdiocese’s insurance companies.
The judge last week granted the archdiocese an extension to file its Chapter 11 reorganization plan by Nov. 30.
Archdiocese of the Twin Cities asks court to reduce window for victims to file claims _ Grand Forks Herald
Trey Bundy, California court guts child abuse ruling against Jehovah’s Witnesses, Reveal
/in California /by SOL ReformCandace Conti drew worldwide attention in her fight against the Jehovah’s Witnesses when a jury awarded her $28 million in damages – the largest verdict for a single victim of child abuse against a religious organization in U.S. history.
The amount was later reduced to $15.6 million, including $8.6 million in punitive damages.
Now, three years later, an appeals court has eroded her courtroom victory even further by ruling that the leadership of the Jehovah’s Witnesses had no duty to warn congregants that a confessed child molester was one of their own. As a result, judges eliminated the punitive damages in the case. Conti still stands to receive $2.8 million.
The decision by the California Court of Appeal is the latest ruling in a rash of lawsuits aimed at Jehovah’s Witnesses policies directing elders to keep child abuse secret from their congregations and secular authorities.
Conti, who is no longer a Jehovah’s Witness, had sued her abuser, her former congregation in Fremont and the Watchtower Bible and Tract Society of New York – the Jehovah’s Witnesses’ parent corporation – in 2011. She claimed that Watchtower policies allowed a Witness named Jonathan Kendrick to molest her repeatedly when she was 9 and 10 years old.
Kendrick had admitted to North Fremont congregation elders that he had sexually abused his stepdaughter. The elders informed the Watchtower of Kendrick’s confession in 1993, but in accordance with Watchtower policy did not notify police or warn the congregation. Soon after, Conti says, Kendrick began abusing her.
In their ruling Monday, the judges said forcing the leadership of Jehovah’s Witnesses to warn congregants about child abusers would be too burdensome.
“While it is readily foreseeable that someone who has molested a child may do so again, the burden the duty to warn would create and the adverse social consequences the duty would produce outweigh its imposition,” the judges wrote.
“The burden would be considerable because the precedent could require a church to intervene whenever it has reason to believe that a congregation member is capable of doing harm, and the scope of that duty could not be limited with any precision.
“Since that ‘secrecy policy’ was the only basis for the punitive damages assessed against Watchtower, the punitive damage award must be reversed,” the judges added.
Rick Simons, Conti’s attorney, disagreed with the new ruling in an interview.
“They think in public policy terms that there’s too much risk in broadening the church’s responsibility and liability so that it burdens what churches do,” he said. “We think there’s too much child abuse in these institutions.”
Conti could not immediately be reached for comment.
The judges also touched on a contentious national debate over religious exceptions to reporting child abuse. California law requires clergy to report suspected child abuse to secular authorities unless they learn of it through a penitential communication, like a confession in the Catholic church. Kendrick’s admission to elders in 1993, they wrote, failed to meet that standard.
“The privilege for penitential communications does not apply unless the communication is made ‘in the presence of no third person so far as the penitent is aware,’ a condition not satisfied at the Kendrick family meeting with the Congregation elders,” the judges wrote.
Dozens of lawsuits in recent years have focused on a series of Watchtower memos dating back to 1989 that direct elders to keep cases of child abuse secret from law enforcement and their congregations.
Watchtower officials have testified under oath that since 1997, the organization has collected detailed information on known child sexual abusers in its congregations.
Last year, a San Diego judge awarded Jose Lopez – a former Jehovah’s Witness who was abused by a man in his San Diego congregation when he was 7 years old – $13.5 million after the Watchtower refused to provide its list of known predators.
In the Conti case, the panel upheld the lower court’s ruling that the Watchtower and elders in the North Fremont congregation failed to supervise Kendrick when he preached door to door in the community, a practice Jehovah’s Witnesses call field service.
According to Conti, the North Fremont elders would group her with Kendrick for long afternoons of field service. She says he used those opportunities to take her to his house and sexually abuse her.
“While the Congregation may not have been able to police Kendrick’s behavior after scheduled field service was over, it could have controlled his access to Conti during the field service,” the judges wrote Monday.
Although Kendrick has confessed to abusing his stepdaughter, and later his stepgranddaughter, he denies abusing Conti.
Watchtower officials told the court they allow child molesters to perform field service, but not alone or with a child. They could not, however, produce a written policy for the court.
“Even if Watchtower had a policy of preventing known child molesters from performing field service alone or with children, there is no evidence that Watchtower did anything to implement that policy in Kendrick’s case,” the court found.
The judges went on to remark on the larger risk of allowing child abusers to preach door to door: “They are also a threat to children in the community when they engage in that activity. The prospect of children opening their doors to proselytizing child molesters is frightening.”
Watchtower officials did not immediately return calls for comment. James McCabe, the attorney representing the North Fremont congregation, declined to comment.
Simons said Conti has not decided yet whether to appeal the court’s decision. She has 30 days to do so.
California court guts child abuse ruling against Jehovah’s Witnesses _ Reveal
Scott Broom, Md. delegate says he was raped as a child, WUSA
/in Maryland /by SOL ReformFrancesca Norsen Tate, Diocese of Brooklyn sponsors mass of hope and healing for survivors of sexual abuse, Brooklyn Daily Eagle
/in New York /by SOL ReformSurvivors of sexual abuse by members of the clergy have partnered with the Roman Catholic Diocese of Brooklyn to sponsor a Mass of Hope and Healing this Wednesday. The Most Reverend Nicholas DiMarzio, Bishop of Brooklyn, will be the main celebrant and homilist at the April 15 Mass at 7 p.m. at the Cathedral Basilica of St. James in Downtown Brooklyn.
“There has been much darkness in the past regarding this issue, but it must come out into the light,” said Bishop DiMarzio. “We must own up to past mistakes and seek to heal those who have been abused, and I must take this opportunity to publicly thank those who have come forward to help us shed light into the darkness of this most serious issue. These survivors have shown us that there is hope for healing and have helped us to identify the pastoral resources which our Diocese makes available to assist them on their journey.”
This liturgy originated from the work of the diocesan Office of Victims Assistance Ministry and a group of survivors who have joined forces to pray for the ongoing healing of sexual abuse survivors, their families, the Church, and for continued vigilance toward the protection of children and youth. Attendees will include clergy, survivors, family members of survivors and many others committed to the protection and safety of children.
Healing Intervention team members will be present for anyone wishing to speak to someone in regard to the services provided by the Office of Victim Assistance Ministry.
Bishop DiMarzio’s recent column on the Healing Mass can be read at thetablet.org. He also has a paper published on this issue, titled: “From Shadow to Light and From Scandal to Healing: the Experience of the Diocese of Brooklyn with the Sex Abuse Scandal.”
Diocese of Brooklyn sponsors mass of hope and healing for survivors of sexual abuse _ Brooklyn Daily Eagle