UNITED STATES
Vatican Radio
(Vatican Radio) The United States Court of Appeals for the Ninth Circuit dismissed the Plaintiff’s appeal in the Oregon federal case of John V. Doe v Holy See on Monday, bringing to an end the litigation which began in 2002. The case involved an alleged case of the sexual abuse of a minor by a priest in Oregon in 1965.
Jeffrey S. Lena, Counsel for the Holy See, published the entire documentation held by the Vatican concerning the case in 2011. This showed that the Holy See was only informed of the misconduct a year after the abuse was reported, and the priest was then laicized within weeks. …
Interview via email by Jeffrey Lena with Vatican Radio
1. What has happened in the current case, in layman’s terms.
This case was based on a couple of simple and erroneous ideas about the Catholic Church. First, that all priests are controlled by the Holy See and second that the Holy See receives information about the activities of all priests and makes specific decisions, either directly or “by and through” dioceses and religious orders, about them. Plaintiff’s basic theory of the case was that if this control existed it would show that the Holy See should be held responsible for the sexual abuse committed by priests.
The problem with the plaintiff’s theory is fairly straightforward: this is not how the Catholic Church works. In reality, priests are under the control of their local superiors, who make decisions about their worthiness to serve in any particular position; priests are not “employees” of the Holy See by virtue of their clerical status, and the Holy See does not receive and maintain information on all the world’s priests or on all the sexual abuse cases relating to priests throughout the world.
There is another aspect of the case important to recall. The attorneys for the plaintiff wanted to try to show that the United States federal court could assert jurisdiction over the Holy See on the theory that the Holy See engaged in “commercial activity” by virtue of the fact that some contributions to the Peter’s Pence fund are made by the faithful every year and that priests “solicit” these contributions. Under this theory, the Church would have been treated effectively as a large corporation with the Pope a sort of Chief Executive Officer. This idea was strongly rejected by the court, and every court to have examined the issue.
One other notable feature of this case is that the judge had the opportunity to closely examine the facts. Normally in these cases, the issues are decided on a purely legal basis. But in this case, all the parties and witnesses exchanged documents and provided all those documents to the judge. This permitted the judge to examine very closely the actual facts related to the priest involved and whether there were any connections to the Holy See. What the documents show, very clearly, is that the Holy See did not have any knowledge of this priest’s propensity for abuse until after the abuse occurred, when it was notified by the petition for laicization that arrived from the Priest’s religious order. And when that petition arrived, it was granted by the Holy See without delay.
Note: This is an Abuse Tracker excerpt. Click the title to view the full text of the original article. If the original article is no longer available, see our News Archive.