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Dublin: 15 °C Saturday 25 May, 2013

English High Court rules Church can be sued for priests’ abuse

The court has ruled that the Catholic Church is responsible for its priests – allowing it to be sued over sexual abuse.

Image: Mel Evans/AP

THE HIGH COURT of England and Wales has ruled that the Catholic Church is responsible for the behaviour and misconduct of the priests its appoints – opening the way for the church to be sued over the priests’ misconduct.

In a landmark ruling, the court ruled in favour of a woman who was sexually abused by a priest, and who was seeking to sue the Church – as the priest’s employer – for damages relating to his conduct.

Sky News’ Harriet Tolputt, on Twitter, said the Church is expected to appeal against the decision, and is likely to argue that it cannot be held accountable for the actions of autonomous priests.

The UK’s ruling follows a similar case in the United States where the Vatican was deemed to be responsible for the transfer of a priest, who was alleged to have abused children in his native Ireland, to Oregon.

In that case – John V. Doe v the Holy See – the victim of the abuse argued that his local archdiocese was “vicariously liable” for the abuse, and that the Holy See was vicariously liable for the negligent actions of the Archdiocese.

Last year the US Supreme Court denied the Holy See the right to appeal that case. The Vatican had argued that because the Holy See is an internationally recognised sovereign state, it cannot be prosecuted in another jurisdiction.

It is expected that the British appeal will make a similar argument.

The ruling does not have any immediate impact on Ireland, where almost all court action relating to clerical abuse is targeted only at the local diocese, archdiocese or clerical order.

In August of this year the Holy See published its documents relating to the Oregon case, where the victim alleges to have been abused by Fr Andrew Ronan, who was transferred from a parish in Ireland after being connected with the abuse of children there.

Among those documents are a letter written by Ronan in 1966, asking to be laicised “based on my repeated, admitted, documented, homosexual tendencies and acts against the vow of chastity and celebacy [sic] of the priesthood”.

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Comments (20 Comments)

  • Darren 08/11/11 #

    I’d be happier if they were being prosecuted as criminals rather than sued for financial compensation – both would be marvellous.

    Reply
  • Excellent news. Hopefully, for the sake of justice, a similar judgement will occur here in the near future.

    The ‘sovereign status’ defense of the RCC points to the real reason for the importance that they attach to the Vatican City retaining its independence and why the down-grading of diplomatic status by countries like Ireland are viewed so seriously.

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  • A step in the right direction better late than never. The Vatican has protected perverts and gotten away with it long enough.

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  • “The Vatican had argued that because the Holy See is an internationally recognised sovereign state, it cannot be prosecuted in another jurisdiction.”

    There is abuse cases in Ireland, Britain, USA, Germany and god knows where else. Surely the ICC or European courts can take legal action here.

    Reply
  • Zophiel 08/11/11 #

    The Law has spoken in England & Wales, so Irish Law & Judges take note of this legal & binding precedent. Delighted, bishops up and down the land with cacky nappies!

    Reply
  • Now I am starting to believe in God again ! ;-)

    Reply
  • Sue Cox 08/11/11 #

    Now all we have to do is stop them using every legal loophole, every delaying tactic, every devious method to make sure they get away with as little as possible, rather than doing as much as they can for people who have been prey to their pedophile priests.This narcissistic regime will try any which way to get out of their obvious responsibilities, they do a nice line in “victim blame” too!

    Reply
  • Does this mean all employers can be sued because of the actions of their employees?

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  • Praise GOD for an answer to heartfelt prayer.
    Ex. 22:22-23: “Ye shall not afflict any widow, or fatherless child. If thou afflict them in any wise, and they cry at all unto me, I will surely hear their cry . . “

    I was ecstatic to learn that the countless victims of Roman Catholic Clergy Abuse in the UK may yet have their day in court.
    Though in truth . . what the victims of clergy abuse have lost can never be regained, some are able to find closure by holding their perpetrators accountable and prosecuted to the full extent of the law. Victims are vindicated when they see judgment pronounced upon the ABUSER and the penalty / sentence for their heinous crimes imposed by the Judge is meted out. Victims of abuse are vindicated when compensatory damages are rewarded for pain and suffering; mental anguish, and costs associated with therapy.

    Thankfully they yet have recourse to the courts to seek a judicial remedy, because as the Roman Catholic “church” has demonstrated time and time again, unless compelled to do so, they will not do the right thing! Finally the scales of justice are being tipped in favor of the VICTIMS!

    In solidarity with the VICTIMS / SURVIVORS of Roman Catholic clergy abuse,

    JuneAnnette

    Reply
  • Will the dept of education be responsible when a teacher abuses a pupil or other employers whose staff such as coaches, ie the GAA etc. I think they should and then maybe they will all do their best to employ people who are not paedophiles.

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    • If the dept knew about an abuser, didn’t sack him and hid him in another school, then yes, yes they would.
      Same goes in any job

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    • Unfortunately pedophiles do slip through the most rigorous of screening, but that is not the point. The point here is that the Roman Catholic Church has hidden and protected Child rapists and other kinds of Child abusers to protect its reputation. I find it despicable that people still try to belittle the monstrous crimes that the Vatican has committed against our Children.

      Reply
    • If a football or swimming organisation or State institution systematically looked over its shoulders at consistant ongoing abuse then yes they should be open to litigation. A legitimate legal defence maybe that they werent aware or it was a minor one off infraction that they were unaware of. These dont apply in the RC church. It was beyond resonable doubt that these bishops knew these priests posed ongoing risks. Its basic health and safety law.

      But society needs to move on from mob condemnation of individual people and recognise that the systemic nature of this organisation is conducive to organisational dysfunction which leads to these type of bad things happening for a whole variety of well understood psychological reasons.

      One such reason being the propensity of humans to unquestionably worship hero figures ranging from gods to their annointed apointees on earth monarchs etc and stiffling dessent.

      The established fact that people can be made believe in any ridiculous nonsense such as that god demands the beards of the afghan people to be of a certain length or that a 2000 year old Israelite can establish a judicial system and that we can telepathically speak through him through prayer. The resulting malaise of these beliefs is that they give their promoters absolute power. It has lead to the absolute dysfunction and societal shutdown of europe in the dark ages and do in some Islamic countries today.

      Thirdly the use of guilt in religion as a method of mental manipulation of the people.

      When humans have absolute power we turn evil regardless of culture. The answer to this is scepticism and free speech and the ridicule of bad ideas.

      I have nothing against religious going to church and getting consolation from these things. However convincing society that we shouldnt be critical of these bad ideas when put in the public domain is extremely dangerous.

      All of these reasons are why priests and popes acted these ways. Attack the ideas strongly but I agree we need to move on from attack of people themselves. Finally while the majority of priests do not abuse people, it is not true that being a priest has the same chance of being an abuser than the general public. They carry out 3% of all abuse and are probably about 0.5% of the population. The church in the past at least had an endemic problem with this. But it is still a tiny minority of all priests. In short the fact that some priests abused is not a reason to become either antiCatholic or Atheist. However once you understand the nature of why then it definately is as good a reason as you will find to outgrow organised superstition as it has profound implications for a whole variety of social ills and human rights abuses elsewhere in less enlightened. When one Country promotes organised superstition the implications dont stop at its borders.

      Reply
    • Who recruits primary teachers?

      Reply

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