Editorial | Class-action lawsuit latest step toward justice for abuse victims

By Dave Sutor
Tribune-Democrat
November 18, 2018

https://bit.ly/2FukU8B

Shaun Dougherty of Johnstown is interviewed prior to boarding a bus Monday, April 3, 2017, and heading to Harrisburg for a rally to support extending the statute of limitations for child sexual abuse cases in Pennsylvania and making the measure retroactive for past incidents.

A Johnstown native and five other men have taken a drastic step in the push to see justice in the ever-growing saga of individuals who were sexually abused by priests.

Shaun Dougherty, a New York restaurant owner who grew up in Westmont, is among the plaintiffs in a class-action lawsuit filed this past week against the U.S. Conference of Catholic Bishops and the Vatican itself.

This happened even as the U.S. Conference of Catholic Bishops was wrapping up special meetings in Baltimore that were called to develop a shared response to the building abuse crisis. But no action was taken and no plan was put forth, in part because Pope Francis ordered the bishops to stand down.

Bishop Christopher Coyne of Burlington, Vermont, told The Associated Press that the pope’s decision “to constrain us” weakened the impact of the gathering on an issue that has exploded – including reports in dioceses across Pennsylvania of widespread abuse over several decades and a cover-up by the church.

“All of us are disappointed that we weren’t able to do as much as we wanted,” Coyne said,

Where the bishops did not or could not act, these six men – who say they were victimized in their youth – displayed the courage and conviction this issue requires.

Dougherty and the five other named plaintiffs joined more than 100 others who were not identified in the class-action lawsuit.

Attorney Jeff Anderson said the mission was to identify not just all predator priests but also those who covered up their unreported crimes.

“We are taking the opportunity to do everything we can together to protect kids, to disgorge the secrets,” Anderson said.

Dougherty and the other plaintiffs also argue in the suit that the church scandal falls under the Racketeer Influenced and Corrupt Organizations Act because some crimes involved the use of U.S. Postal Service delivery and also because of allegations of wire fraud – and because the church as an organization stretches across state and national borders.

The suit cites “endemic, systemic, rampant, and pervasive rape and sexual abuse of plaintiffs and class members perpetrated by Roman Catholic Church religious orders, educators and other of defendants’ personnel, members, agents and representatives.”

The suit further says hiding of sexual abuse was done to “maintain defendants’ reputations and maintain and expand their commercial operations in the United States whereby defendants and the enterprise obtained (and continue to obtain) money, funds, credits, assets, and/or other property, and, in the process, cheating and defrauding plaintiffs and class members out of their childhood, youth, innocence, virginity, families, jobs, finances, assets – in short, their lives.”

Investigations into allegations of abuse in the Roman Catholic Diocese of Altoona-Johnstown in 2016 and other Pennsylvania dioceses this year showed systematic efforts to move abusive priests from parish to parish to conceal their crimes.

This was the pattern seen in earlier probes of the church in Philadelphia and Boston, the latter the inspiration for the award-winning film “Spotlight.”

Similar reports are now rolling out in neighboring states. The latest comes from the Roman Catholic Diocese of Ogdensburg in New York state, where 28 priests were identified as having credible accusations of sexual abuse involving minors and “vulnerable adults” since 1950.

We continued to be astonished that the Pennsylvania Senate sidestepped its responsibility to act before the end of the 2018 session on a a two-year window for victims who have passed the statute of limitations – age 50 – to file civil suits.

And we do not see the plan rolled out recently by Pennsylvania bishops – to establish funds for the purpose of compensating victims financially in lieu of lawsuits – as an alternative to that two-year window.

Some victims might be fairly served by such a pay-out setup. But others must have the opportunity to take their push for justice through the courts.

We do not support any process that keeps the names of predator priests – or those who protected them – out of the public eye.

And like Attorney General Josh Shapiro, we call on state lawmakers to come back – either now or when the next Legislature convenes in 2019 – and pass the statute window.

“These undefined compensation funds do not give a pass to lawmakers,” Shapiro said. 

“The Legislature should return to Harrisburg, do their jobs and pass the grand jury’s four reforms.”

Victims such as Dougherty were ignored by the church and others for years, but are now empowered to challenge their abusers and the system that shielded those individuals from punishment.

“I’ve waited my entire adult life to do something like this,” Dougherty told reporter Dave Sutor. “This is something that I never thought I’d get the opportunity to do.”

We will stand with the victims of abuse as long as they have the strength to push for justice – all the way to the Vatican. 

They have shown remarkable courage and determination, standing up for what they know is right, even as those in power – in government and in the church – continue to dodge the duty of holding all responsible parties accountable.