from
the April 04, 2002
edition - http://www.csmonitor.com/2002/0404/p02s02-usju.html
Pedophile
lawsuit seeks to hold
pope accountable
Immunity
may protect the
Vatican from facing
court action in a
child-molestation case
filed in Florida.
By
Lynn Waddell and Mark
Clayton
ST. PETERSBURG,
FLA., AND BOSTON -
In another blow to the
Roman Catholic Church,
two civil lawsuits
that allege priest
sexual abuse were
filed yesterday, this
time putting the
problem on the
doorstep of Pope John
Paul II by naming the
Holy See as a
defendant.
The suits � one
filed in Florida and
the other in Oregon
� are part of a
national flurry of
lawsuits that seek
accountability for
alleged incidents of
sexual misconduct by
priests. These latest
lawsuits, along with
two other recently
filed suits that level
racketeering charges,
could determine
whether the church at
the highest levels can
be held accountable
for such incidents.
But lawsuits naming
the pope have
typically not been
successful, because
church lawyers have
argued that the
Vatican is a country
with sovereign
immunity. Thus these
cases may test the
boundaries of that
immunity.
"The question
here is whether some
exception to the
immunity may
arise," says
Susan Karamanian, a
professor of
international law at
George Washington
University School of
Law. "A good
lawyer is able to see
the pope is immune by
law, so the question
they face is how to
plead around that,
carve out an
exception."
One possible
exception may be that,
while foreign states
are immune to court
action for claims
arising out of
government activities,
they are not immune
from court action when
it comes to claims
arising from
activities carried on
by a private person.
There are also
exceptions where
damages are sought for
personal injury caused
by "the tortious
act or omission of
that foreign
state."
The alleged victim
in the Florida
lawsuit, Rick Gomez,
is arguing that the
Catholic Church,
including the pope,
played a role in his
molestation by
conspiring to conceal
criminal wrongdoing.
In addition, he's
arguing that the Rev.
William Burke � also
named in the suit �
was negligently
allowed to continue as
pastor at Mary Help of
Christians School in
Tampa after previous
allegations of sexual
abuse were made. (The
earlier allegations
were settled for an
unknown sum.)
"The church is
hierarchical,"
says Tom McGowan, one
of the lawyers filing
the lawsuit.
"Nothing can be
done without the
permission of the
bishops and the
pope."
Mr. Gomez claims
that Fr. Burke engaged
in sexual acts with
him in the mid-1980s.
Gomez, who according
to the lawsuit was 14
at the time, waited
two years to tell his
mother what had
happened. His mother
then reported the
incident to police in
Maryland, where they
had moved. According
to the lawsuit, Burke
had also left the St.
Petersburg area,
having been
transferred to New
Jersey.
The fact that this
case includes a police
report is unusual. The
church has handled
most complaints of
sexual abuse
internally.
The Diocese of St.
Petersburg released a
statement saying it
feels wrongly named in
the lawsuit because
Burke was not yet a
priest, but still a
brother, at the time
of alleged misconduct.
The school and at that
time Burke were not
under the authority of
the diocese. Instead,
the boarding school is
owned and operated by
the Salesian Society,
which is answerable to
the order of priests
named in the lawsuit.
The order,
Salesians of Don Bosco,
issued a separate
statement. "While
we have generally
sought to shield other
young people from
misconduct at the
hands of accused
Salesians, we have not
always done so
effectively,"
Vice Provincial Rev.
James Heuser wrote.
The other lawsuit,
filed in Portland,
Ore., is similar in
nature, but the
plaintiff is unnamed
and the accused
priest, the Rev.
Andrew Ronan, is
deceased. The alleged
incidents of
molestation occurred
in the mid-1960s.
Jeff Anderson, who
has represented more
than 400 people in
abuse cases against
churches, has filed
similar lawsuits
against Catholic
priests, but these are
the first involving
the pope. Mr. Anderson
filed a sexual-abuse
lawsuit against the
Catholic Church in
Hannibal, Mo., about
two weeks ago, citing
antiracketeering
statutes and accusing
the nation's bishops
of conspiring to
protect pedophile
priests, often by
paying off the
victims.
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