BishopAccountability.org
	A Chance to Be Heard Toledo Blade [Ohio] March 14, 2005 In the interest of justice, Ohio's Third District Court of Appeals ruled that a civil suit against the Archdiocese of Cincinnati involving sexual abuse by a priest can proceed despite an expired statute of limitations. In the interest of itself, the Cincinnati archdiocese said it planned to appeal the ruling to the Ohio Supreme Court to block the lawsuit. Certainly a fear of the archdiocese and church leaders throughout the state is that the appellate decision could have huge ramifications in the advancement of other pending clerical sexual abuse cases. Many in Ohio and elsewhere have not proceeded to trial because the statute of limitations on the accusations made have long since expired. The case of the Cincinnati victim, who filed anonymously as John Doe, now goes back to the Shelby County Common Pleas Court, where it had been declined because of time limitations. The victim, who says he was abused as a minor by a local priest, did not file a complaint until two years too late after his 18th birthday. The priest named in his suit, the Rev. Thomas Hopp, admitted to the abuse three years ago and was immediately removed from ministry. But the statute of limitations meant Father Hopp avoided a courtroom showdown. However, because of extenuating circumstances cited by the victim in the case, the appellate judges ordered the common pleas court to reinstate the lawsuit. Those qualifying factors included the archdiocese not reporting the priest's alleged crimes to authorities, attempting to conceal the abuse, and engaging in "a pattern of corrupt activities." The court of appeals did not address the merits of the case. But with Father Hopp and Cincinnati Archbishop Daniel Pilarczyk named defendants, it would allow the case to be argued in court. That's all victims really want, insists David Clohessy, national executive director of the Survivors Network of those Abused by Priests. The appellate court gave them a vital chance to be heard, he said. A spokesman for the archdiocese countered that the appellate ruling was wrongly decided but maintained that the legal setback was not devastating. "And at this point," said Dan Andriacco, "we have four appeals of court decisions in our favor, including one that was upheld last year by the Ohio Supreme Court, on the issues of statutes of limitations-the very same issues that are argued in this case." But Mr. Clohessy believes the Shelby ruling "mirrors a trend we're seeing across the country that, very gradually, some judges are accepting the reality that kids can't promptly report their abuse, and that the law must make allowances for that psychological reality." The appellate court essentially said "let the truth come out in trial." The Cincinnati archdiocese seemed to answer, "not if we can help it."
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