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Rochester Diocese Pulls Plug on Its Sex-abuse Victims Compensation Program

By Steve Orr
Rochester Democrat and Chronicle
March 14, 2019

https://www.democratandchronicle.com/story/news/2019/03/14/catholic-abuse-rochester-diocese-ends-child-priest-abuse-compensation-program/3164407002/

The Diocese of Rochester ended its voluntary program to compensate victims of child sexual abuse Thursday, a move that could invite a greater number of lawsuits being filed by victims.

The diocese's reconciliation and compensation program, formed at the direction of the church hierarchy, aimed to settle claims from people who said they had been sexually abused as children by priests or other church figures.

The purpose was to offer a non-confrontational way to resolve claims without costly litigation.

About 30 people have entered into the settlement process, the diocese said, and compensation has been awarded in at least a half-dozen cases.

Diocesan officials told the Democrat and Chronicle on Feb. 5 that the program had no set end point. But on Thursday, a statement from the diocese said it would accept no new applicants for compensation.

The move stunned Leander James, a well-known lawyer in sex-abuse litigation circles who has represented most of the 30 or so people who have availed themselves of the settlement program.

"Wow. This is big news. They didn’t even inform me," James said in an email Thursday afternoon. "Very strange. The diocese only has two other options: Litigation or bankruptcy."

In its statement, the Rochester diocese said it was ending the program in light of the passage of the Child Victims Act, a long-discussed state law that will make it easier for victims of child sexual abuse to bring suit against those they feel are responsible for their abuse.

How abuse lawsuits could bankrupt New York dioceses

New York's unusually restrictive statue of limitations previously made it very difficult for such victims for sue successfully. The new law, signed Feb.14 by Gov. Andrew Cuomo, liberalizes the statute of limitations for child sexual abuse and opens a one-year window, starting in August, during which any victims can file suit.

The diocese began its reconciliation program a year ago, well before it was certain the Child Victims Act would be adopted, spokesman Douglas Mandelaro said Thursday.

The underlying idea, he said, was that "victims had no other recourse."

Diocese to assess path forward

Once the law was passed by the state Legislature in January and signed by the governor a few weeks later, the need for the reconciliation program was diminished, Mandelaro said.

"It is time to assess our path forward as we prepare to respond to the Child Victims Act," he said.

Former state Supreme Court Justice Robert Lunn, hired last year by the diocese to serve as the independent arbiter of the claims, said it was understood from the beginning that the process would have a finite lifespan.

Adoption of the Child Victims Act was a reasonable point for the diocese to "hit the stop button," he said.

James, the lawyer, speculated Thursday that the diocese's decision was related to a dispute that arose recently when the diocese sought additional input in the settlement process.

Under the process he adopted, he met with victims and their lawyers, and reviewed investigative reports and written statements on each case provided by the diocese.

As first reported last week by WHAM-TV (Channel 13), the diocese had asked for the right to present countervailing arguments to Lunn after some victim hearings.

James said he had opposed the idea. Lunn said the idea didn't seem to have much merit, but felt he could continue to perform independently with or without the additional diocesan input.

Lunn said he had no reason to believe the disagreement had anything to do with the diocese's decision to end the settlement program.

Mandelaro concurred that the two weren't related, and added that diocese had asked for the chance to provide more input in cases where the accused church figure was deceased or incapacitated and thus not capable of providing a defense.

Even though the settlement programs in New York's eight Roman Catholic dioceses addressed about 1,500 claims, the dioceses have been expecting to be deluged with lawsuits over sexual misconduct by priests, deacons, nuns and other church figures.

Cessation of Rochester's program with only 30 cases heard could swell the number of suits filed here.

Lunn said he had issued final written decisions in 6 or 7 cases, with awards of compensation being granted in all of them. He has two or three more decisions to write plus another half-dozen cases for which hearings must be scheduled.

The balance of the 30 claims filed in Rochester are in the investigative stage. Those cases will be referred to Lunn for hearings and decisions.

The total number of claims heard in Rochester will fall well short of those in New York's other dioceses.

The Albany diocese handled 100 claims, Syracuse about 90, Buffalo at least 50 and Ogdenburg 50, according to figures compiled recently by the Democrat and Chronicle.

The archdiocese, which covers Manhattan, the Bronx and the Hudson Valley, processed well over 300 claims. The two dioceses that encompass Brooklyn, Queens and Long Island had in the neighborhood of 750 claims between them.

Contact: SORR@Gannett.com

 

 

 

 

 




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