Local diocese to pay $12M
Judge approves settlement for sex abuse victims
Judge approves settlement for sex abuse victims
A circuit judge in Dorchester County has approved a $12 million settlement agreement between the Catholic Diocese of Charleston and victims of sexual abuse nearly seven months after she first considered the class-action suit.
The order, released July 30, cleared the way for the diocese to provide initial funding of $5 million, which has been deposited in a local account, according to Larry Richter, an attorney representing victims. But the diocese has asked Circuit Judge Diane Goodstein for permission to delay payments to eligible victims until various pending objections filed by another attorney have been addressed.
The settlement sets aside the standard six-year statute of limitations and earmarks a total of $12 million to be distributed to eligible individuals who were born before Aug. 30, 1980 and were sexually abused by priests and diocese employees. Payments range from $10,000 to $200,000, depending on the type of alleged abuse. Spouses and parents of victims also could be eligible to receive a $20,000 payment.
The initial arrangement was forged by the diocese and the Mount Pleasant-based Richter and Haller law firm after months of sometimes acrimonious negotiations. The deal received preliminary approval from Goodstein in January.
But at a fairness hearing in March, Goodstein refused to approve the agreement when concerns were raised in court about alleged cover-ups.
The judge expressed "grave concern" over the existence of a 1962 Vatican document calling for secrecy on the part of church officials and "denouncers," and a suggestion by Richter that there is a difference between the number of priests who have actually engaged in sexual assault or abuse and the official number.
Goodstein ordered Dorchester County Solicitor David Pascoe to lead an investigation.
"I must have assurances that there are no crimes that have been committed against children, now adults, that have been undisclosed to law enforcement," she said at the time.
James Geoly, an attorney for the Catholic Church, objected during the fairness hearing to the citation of the document, called "Crimen Sollicitationis," or "Instruction on the Manner of Proceeding in Cases of Solicitation." He said it referred to the sacrament of confession, not sexual abuse, and that "it lacks authentication and is hearsay."
The document came to light in 2001 when then-Cardinal Joseph Ratzinger, prefect to the pope, referred to it in a letter. "Crimen Sollicitationis," which discusses sexual abuse and bestiality, among other subjects, was authenticated in a 1995 deposition taken at Catholic University in Washington by Texas lawyer Daniel J. Shea.
"We're glad that the solicitor and the judge agreed that the document was irrelevant and did not show this concerted intent to hide cases of abuse," local diocese spokesman Steve Gajdosik said on Monday. "In fact, the Catholic Church, more than other institutions, has reached out to victims."
Gajdosik said the investigation took five months because diocese officials "had to go back through all the records" to assure the court that all known victims are accounted for.
Richter said the length of investigation only demonstrated the ineptitude of the diocese. Since the 1950s, the diocese has seen 50 sex abuse claims involving 28 church employees. It's outrageous that church officials have not consolidated information about these cases, he said.
Of the known cases, 20 involved offenders who were never reported to state authorities by the diocese, Richter said. "I call on the bishop to release the names of all known perpetrators and tell us where they are," he said.
Gajdosik said the diocese has abided by the law, reporting all sex offenders when required to do so.
Four of the 20 victims cited by Richter were juveniles who came forward with their parents when South Carolina did not require mandatory reporting, or when clergy were exempted from such reporting by the state, he said. The other 16 victims were adults.
Attorney Gregg Meyers, who represents 11 victims and knows of 17 who might fit in the class, said he objects to the settlement's relatively narrow definition of eligibility and hopes to persuade the judge "to expand the relief received by victims ... without making the diocese pay more money."
During the fairness hearing, Meyers said that the $20,000 consortium cap for spouses and parents was unfair because families also suffer from the effects of sexual abuse.
He also objected to ill-defined "opt-out" language in the original agreement, language that subsequently has been modified. But the judge disqualified Meyers' clients, assuming they had opted out, when no such arrangement had been made, he said.
Reach Adam Parker at 937-5902 or aparker@postandcourier.com.
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Comments
trm2105 (anonymous) says...
Fairness hearing? Since when is paying a settlement the fair equivalent for the priestly perpetrators going to jail. So the priests do the crime, the church pays off the victims, and the priests are relocated or dismissed from their "duties." Sounds like the church is engaged in the worst kind of prostitution. This is just sick from any angle.
August 21, 2007 at 8:47 a.m. ( permalink | suggest removal )
LI58 (anonymous) says...
This is totally disgusting! No way that the priests should be getting a free-ride and not have to do any jail time. Hell, why not just let all disgusting criminals just pay out and escape any jail time? As for the damn defense attorney's, they are as low as the criminals. Of course, they get their payday.
August 21, 2007 at 10:28 a.m. ( permalink | suggest removal )
glevans (anonymous) says...
I really do not understand this at all. This is the worst kind of child abuse imaginable and these so calls "men of God" need to be punished. Money will not replace the dignity and self esteem lost by these innocent children. Also, why are most of the victims little boys? It just doesn't make sense! This is just plain wrong.
August 21, 2007 at 10:34 a.m. ( permalink | suggest removal )
hawneena (anonymous) says...
I read an article recently on this ever growing epidemic. Some of these priests are supposedly sent to "special rehab" centers and then are relocated.
According to the article, if any files on these priests can be sent to the Vatican, then they can never be recovered and used for prosecutions.
I think if the Catholic church would allow priests to marry, then maybe some of this sick behavior would stop.
Paying people off is not going to stop the problem or heal the scars left behind.
They are men foremost, before they are priests. My main concern is why so many of them choose to be homosexuals and pedophiles, instead of having affairs with grown women.
I do not condone the affairs, since they are breaking their vows made to the church, but at least that type of behavior would be more understandable than molesting children.
I don't think the Catholic church will make any changes in our lifetime.
August 21, 2007 at 10:35 a.m. ( permalink | suggest removal )
lisagary (anonymous) says...
"They are men foremost, before they are priests. My main concern is why so many of them choose to be homosexuals and pedophiles, instead of having affairs with grown women."
First of all, no one "chooses" to be a homosexual; a person is born with their sexual identity already determined. The Catholic church's medieval stance on chastity for its clergy is the sole reason that the profession has such a high incidence of pedophilia; do you honestly think that healthy, well adjusted men are going to be the majority in a profession where they are forbidden to marry or have sex? Gay men find it much easier to "hide" their sexual orientation in the priesthood, where attachment to a woman is forbidden. One day, if the church ever takes its head out of the sand and its collective mind out of the 16th century, and allows its priests to marry, the incidence of pedophilia will plummet.
August 21, 2007 at 1:04 p.m. ( permalink | suggest removal )
bhippey (anonymous) says...
Since when does a monetary amount heal the emotional and physical scarring these children have endured. How in the world are these people not facing prison? This is a prime example of what is terribly wrong with our judicial system.
August 21, 2007 at 1:07 p.m. ( permalink | suggest removal )
nesseca (anonymous) says...
I would recommend the following link for those who think that the priesthood causes pedophilia and that allowing priests to marry would solve the problem:
http://www.catholiceducation.org/arti...
August 21, 2007 at 1:49 p.m. ( permalink | suggest removal )
iloveohiointhesummer (anonymous) says...
Do you really think that the Catholic Education Foundation is the best source of UNBIASED information???? c'mon!
August 21, 2007 at 2 p.m. ( permalink | suggest removal )
Neponset (anonymous) says...
Harpo
If I were the Pope, I would call the cardinals together and direct them to marry in six months time or face dismissal and direct that all priests be given an additional six months to find a wife. Celibacy has not worked and has attracted some elements which are a problem. Lets get some good women in the loop to straighten out this mess. In the mean time the parishioners are footing the bill for this failed experiment.
P.S. I am a Catholic
August 21, 2007 at 2:06 p.m. ( permalink | suggest removal )
Neponset (anonymous) says...
bhippey
?
August 21, 2007 at 2:36 p.m. ( permalink | suggest removal )
bhippey (anonymous) says...
you are one "touched" individual. that's the nicest way I can say it. He is a good ball player, now he can show the prison what other talents he has. Maybe your boy will be walking funny too...
August 21, 2007 at 2:56 p.m. ( permalink | suggest removal )
bhippey (anonymous) says...
WHAT IN THE HELLLLLLLLLL ARE YOU BABBLING ABOUT?! HOLY CRAP YOU MIGHT NEED MENTAL HELP
August 21, 2007 at 3:24 p.m. ( permalink | suggest removal )
blondjes (anonymous) says...
i also think that these priests should be able to marry, my mothers side is catholic and my father's is lutheran, i grew up lutheran (which is branch of catholicism) and my pastors were all married with children, its human nature and i think surpressing it is what is causing all of this.
August 21, 2007 at 4:40 p.m. ( permalink | suggest removal )
TonyaC (anonymous) says...
What we really need to be asking ourselves is how do we feel about these priest creating a bunch a serial rappest, child malesters, and God knows what else (statistics show that most boys who are malested at a young age by a trusted individual will most likely be one himself or worse)....
and for them to get off by payment only means that these little rappest will have high paid lawyers to get them off!!
This, along with a whole bunch of other bull crap going on in the news, saddens me to the core!!!
August 21, 2007 at 4:42 p.m. ( permalink | suggest removal )
blondjes (anonymous) says...
flyboy68, have you been drinking? im a history major and egyptians were neither black or white, except for cleopatra and other leaders who were greek, oh and "spinks" is spelled sphinx :)
August 21, 2007 at 4:48 p.m. ( permalink | suggest removal )
nesseca (anonymous) says...
Iloveohiointhesummer,
And your information is NOT biased? Had you read the link I provided you might have gained some valuable information.
August 21, 2007 at 4:56 p.m. ( permalink | suggest removal )
AL4854 (anonymous) says...
It's horrible that any one seems to be able to "buy" their way out of a situation nowadays. Commit a crime and do the time.. unless you are individually wealthy or have a massive group of people to fund your indiscretions.
I hope that someone is offering these victims some sort of counsel in a non-religious setting. I can see how they may not want to talk with someone in that type of role about what has happened to them.
August 21, 2007 at 5:29 p.m. ( permalink | suggest removal )
Neponset (anonymous) says...
Harpo
Just had an unpleasant conversation with a neighbor who happens to be lawyer and she said that the pope should be sued (my take: deep pockets) and of course being a little on the right, I argued that any suit would hurt the local church and the parishioners, not the big boys. I say do away with celebacy - only married men/women should be priests and if a priest commits a crime, punish him/her and stay away from deep pickets and the parishioners. There aught to be a law against ambulance chasers (deep pocket chasers).
P.S. We are both Catholics.
August 21, 2007 at 5:45 p.m. ( permalink | suggest removal )
hawneena (anonymous) says...
lisagary, you can believe what you want about people being born homosexual. That has not been proven. People may develop these tendencies depending on their upbringing or by something to which they have been exposed. God made Adam and Eve, not Adam and Steve.
Harpo, I agree, flag and ignore. Geez, I can't believe the filth that has erupted on here today. I am simply flabbergasted.
August 21, 2007 at 5:52 p.m. ( permalink | suggest removal )
hawneena (anonymous) says...
bhippey, I know it's hard, but try to ignore the filthy individual on this forum. If you respond to him then you will only give him what he wants. You are so much better than he is, so just flag him, sweetie, and move on.
August 21, 2007 at 6:03 p.m. ( permalink | suggest removal )
NakedYoga (anonymous) says...
flyboy68, you say you went to college? Wow.
August 21, 2007 at 7:59 p.m. ( permalink | suggest removal )
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