In wake of Catholic abuse scandal, little movement to change law

By Jon Wysochanski
Star Beacon
May 19, 2019

https://bit.ly/2Hrk0Zq

This article is part of a series with CHNI sister papers on the Catholic Church’s sex abuse scandal.

If sexual assault or abuse occurred many years ago, victims have limited recourse in Ohio when filing criminal complaints or civil suits — as is the case with many of those victimized by priests.

In Ohio, lawmakers have not eliminated the statute of limitations for rape or sexual battery, though the statute was extended in recent years from 20 to 25 years from the time the offense was committed — when there is an indictment based on DNA evidence.

This change was a response to an overwhelming amount of rape DNA kits that had never been sent to labs, many of which would not have been admissible in court because the crimes were committed more than 20 years ago, said state Rep. John Rogers, D-Mentor-on-the-Lake.

“This created a window that would enable the prosecution of cases in which DNA could identify a possible perpetrator,” Rogers said.

Rogers, a former prosecutor who has handled a myriad of sexual assault cases, said he supports the idea of delving into this “window of opportunity” concept more and reviewing Ohio’s laws. 

Prosecution of rape must commence within 25 years after it is committed, or within 25 years after a person turns 18 in the case of minors, and the statute of limitations varies for other sexual-related crimes such as gross sexual imposition.

Civil claims in sex cases involving juveniles must be brought within 12 years from when the child turns 18, meaning they have until they are 30 years old to file suit. There is also a $250,000 to $350,000 cap on damages that can be awarded to victims bringing forth such civil suits. Rep. Kristin Boggs, D-Columbus, said Ohio has one of the lowest damage caps in the country and it is the only state with a cap applied to victims of sexual violence.

Though Boggs said she supports examining the statute of limitations in such cases and revisiting the cap on civil claims, legislation hasn’t been introduced this session. Lawmakers several times had sought to eliminate the statute of limitations in rape cases, most recently by adding an amendment to the abortion ban bill, which lawmakers voted down, Boggs said.

State Rep. John Patterson, D-Jefferson, said statute of limitations laws are not something he has examined, and he deferred questions to Rogers.

Boggs said she fully supports removing the statute of limitations for rape, but only if it were to apply to all victims and is not based on whom the offender was. For example, some states have carved out laws to deal with specific instances of large-scale systemic abuse in institutions like the Catholic Church, which changes statutes of limitations for victims in those cases but not others, Boggs said.

“If we’re going to do this we should do it equally for everyone,” she said.

Church abuse, response

In October, the Youngstown Diocese released a list of 34 priests credibly accused of sexual abuse and a dozen of the clergy members named had an assignment passing through Ashtabula County at some point in their careers.

Robert Hill is the most well known, having spent time in prison after being convicted of paying a minor for sex. He spent time at Assumption of Mary in Geneva as well as St. Joseph in Jefferson.

Thomas Crum, who spent most of his career in the Youngstown area, was defrocked in 2009 after admitting to 30-year-old allegations that took place at least a decade prior to Crum’s service in St. Mary in Orwell, which dated from 1988 to 1991.

Robert Reidy, who in 2002 admitted to abusing two Austintown boys in the 1960s when he was at St. Nicholas in Struthers, had a previous assignment at St. Mary in Conneaut.

The Rev. Monsignor John Zuraw, Catholic Diocese of Youngstown, said the Diocese list is always updated when people are credibly accused. The diocese does not release the names of victims or where they live, he said, and since releasing the list of priests credibly accused in October, one person has come forward with allegations about a priest named on the list.

Inquiries periodically come forward regarding the names on the Youngstown Diocese list, Zuraw said, but its not a daily or weekly occurrence. 

“Did we get a lot of inquiries when this list came out?” Zuraw said. “The answer is no. Hopefully the church is turning the corner on all of this. All priests don’t victimize people. All priests are not child abusers. It’s a very small amount. You’re giving an impression that we get thousands and thousands of calls daily.”

Zuraw said he hopes the list being released brought forth healing for those victimized by clergy. When someone comes forth with an allegation, that allegation is turned over to both county prosecutors and a private investigator to determine if the statute of limitations is still running on the case.

The church maintains the confidentiality of the victim and where they now live as part of those people’s healing process, Zuraw said. Many victims do not want people in the public to know about what happened to them in the past.

“Whether the statute has run or not the prosecutor of the county is notified,” Zuraw said. “The prosecutor has every right if he or she wants to do their own investigation.”

If allegations are made against a living priest, that person is put on leave. A volunteer review board, with members appointed by the bishop, makes the final decision on whether an accusation is credible.

“When individuals do in fact come forward we take all allegations seriously and there has always got to be an investigation,” Zuraw said. “Individuals have to realize an investigation does take time.”

Prosecuting

County Prosecutor Nicholas Iarocci, who will this year be ordained as a deacon in the Roman Catholic Church, said his office has always aggressively prosecuted child abuse offenders and so far no one has approached the office regarding abuse in the past by any of those names on the Youngstown Dicoese list released in October.

Iarocci said no cases of abuse within the church have been reported to his office.

He said is supportive of expanding the statute of limitations in cases of sexual abuse, especially those that involved children.

“Any case that involves sexual assault or sexual abuse of children should not have a statute of limitations,” he said.

If presented with a case involving an offender from the Catholic Church, Iarocci said he would do the job he was elected to do and aggressively prosecute that person.

The prosecutor who handled Catholic sex abuse cases in Pittsburgh was Catholic. The church is in a time when it needs cleansing and purification, said Iarocci, who is active in the Catholic church and has a strong Christian faith.

“I would treat them no differently,” Iarocci said.