No time limits urged for prosecuting clergy abuse

The Boston Globe - Associated Press March 27, 2009


By Holly Ramer | Associated Press Writer


MANCHESTER, N.H.—A group that tracks reports of clergy sexual abuse said Friday that new files on abuse allegations released by the state attorney general show why time limits on prosecuting such cases should be eliminated.


The files identify 26 clergy members newly accused of sexual abuse since 2002, though most of the alleged abuse took place decades ago.


The information was released after the state's final audit of the Roman Catholic Diocese of Manchester under a landmark 2002 agreement.


Prosecutors are not pursuing many of the cases because the clergy members are dead or the statute of limitations has expired.


Under New Hampshire law, prosecutors must file child sexual assault charges before the victim's 40th birthday. Prosecutors recommended eliminating that limit after the deal was struck with the diocese but the Legislature would not go along.


The group BishopAccountability.org argued Friday that having a deadline for filing charges not only harmed victims who came forward in recent years but also harms those who might come forward now that more names have been disclosed.


"The most powerful thing these files do is make the case for why we must eliminate the criminal and civil statutes of limitations. Going forward, the New Hampshire public is not going to hear anything about newly accused priests from this diocese," Anne Barrett Doyle, the group's co-director, said at a news conference.


She said the diocese should have made the names public as soon as allegations arose. For example, accusations against a now-dead priest were made in 2003, but other possible victims didn't learn about that until now.


"That is nearly six years that a mother of a ... victim has gone to bed every night blaming herself that her son is an alcoholic or doesn't have a marriage that's working or can't hold a job," she said. "Those are years that could have been healing for a victim if he had known that this perpetrator was known to have abused children."


But Senior Assistant Attorney General William Delker said releasing names as soon as an allegation surfaces would compromise investigations.


"Actually, the diocese has been very cooperative and helpful, since 2002, in working with us so as not to compromise cases," he said.


Under the 2002 agreement, prosecutors agreed not to seek criminal indictments against the diocese for failing to protect children from molesting priests. In return, the diocese agreed to enact strict new child protection policies, admit its actions had harmed children and open itself to a series of audits.


The new policies include reporting all allegations to the attorney general's office and removing accused church personnel from their jobs.


"Our primary concern and focus under the agreement was that prior to the agreement, the vast, vast majority of allegations against clergy and other personnel were never reported to anyone other than the bishop, and those cases were never reviewed by anyone in law enforcement," Delker said.


A few months after the agreement was announced, prosecutors released about 9,000 pages of church documents detailing allegations against 35 New Hampshire priests, 19 from Massachusetts and five members of religious orders. The latest batch of documents was released this month to news outlets and others who made requests under the state's Right to Know law. Delker said the state has no plans to release other files in the future, but anyone may request them.


A spokesman for the diocese said it will continue reporting allegations to the attorney general's office.


"It's our policy that we report every incident of sexual abuse of a minor by church personnel to the attorney general's office," said Kevin Donovan. "We believe it's a good way to keep children safe, and the attorney general herself has said she's confident that we'll continue to maintain this comprehensive, safe environment program. The safety of children is of paramount importance to Bishop (John) McCormack and every member of the Catholic faithful in the state."


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http://www.boston.com/news/local/new_hampshire/articles/2009/03