Child Victims Act Lawsuit Claims Alleged Sexual Abuser Still Employed at Location

By Wendy Wright
Spectrum News
August 29, 2019

[with video]

As the Child Victims Act floodgates open, one complaint filed in state Supreme Court this week raises a red flag, because it alleges that the accused is currently employed with an entity of the Roman Catholic Diocese of Rochester.

The alleged victim coming forward in this case is represented by attorney Dan Ellis.

"Really, victims just want to be heard," said Ellis, from Herman Law Firm.

The complaint accuses Dan Charcholla of violently sexually abusing a child repeatedly between 1981 and 1983. The complaint also states that Charcholla is the current director of recreation at DePaul Adult Care.  

The complaint says some of the alleged incidents happened at DePaul, located on Buffalo Road in Rochester.   

The client is unnamed in the suit, it says, because of the sensitive nature of the allegations.

"The acts that we’re hearing are just horrific and our client has had to suffer with this for decades and the trauma that this obviously has caused," said Ellis.

These are allegations only. Charcholla is not convicted or even legally charged in connection to this civil litigation.

"Obviously there is a legal procedure in place to determine whether or not these acts have occurred. So we’ll have to still prove our case in court," said Ellis.

The Roman Catholic Diocese of Rochester released a statement to Spectrum News, saying, "Out of respect for the legal process and the claimants, the Diocese is reserving comment on lawsuits."

DePaul offers this statement, in part saying:

"DePaul first learned of the lawsuit when contacted by a reporter earlier today and we have no records of any complaints being made in 1981 when this was alleged to have occurred. We have just received a copy of the legal complaint and are reviewing the document. While we do not to comment on pending litigation, the safety and well-being of everyone in our care is our first priority..."

Attorney Ellis read a statement from the alleged victim, saying:

"The very people who were entrusted to care for and protect vulnerable children betrayed that trust and failed in their mission. They must be brought to account and justice served."



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