Seattle P-I June 6, 2011
Appeals court says woman can sue archdiocese over alleged sexual abuse
BY SCOTT SUNDE, SEATTLEPI.COM
A woman who was allegedly sexually abused as a 5-year-old on her way to a picnic arranged by the family priest can sue the Seattle archdiocese, a state appeals court ruled Monday.
The question before the appeals court was whether the lawsuit should go forward even though the alleged abuser is an unidentfied man but not the priest.
A King County Superior Court judge said the lawsuit couldn't go forward and dismissed it.
But the appeals court gave the lawsuit new life.
The woman, identfied only as "M.H." as well as her mother and brothers lived near St. James Cathedral in the early 1960s and attended church there. Associate pastor at St. James was Father Edmund Boyle.
The appeals court described him as having a "lengthy and extensive history of sexual misconduct."
And the court quoted a memo to the archbishop in the 1990s that said:
"I have just completed a review of Father Boyle's secret file . . . . It is clear that Father Boyle has an extensive history of alcoholism, and enmeshed with this, an equally extensive history of sexual misconduct, both homosexual and heterosexual. The homosexual acting out has been with adolescents. The heterosexual behavior has been with both adolescents and adults."
Boyle developed a close relationship with M.H. and her family and assumed a supervisory role over the children, the appeals court said.
He arranged to have a picnic with them and invited two men and a woman to come along.
He introduced the adults to 5-year-old M.H.'s mother. One of the men asked to drive the girl to the picnic.
"Father Boyle assured M.H.'s mother 'that this would be a good idea.' Based on Father Boyle's assurances, M.H.'s mother allowed the man to drive M.H. to the picnic., and her mother agreed," the appeals court said.
Before going to the picnic, the man took the girl to an apartment and sexually abused her.
"After the picnic was over, M.H. told her mother that the man had sexually abused her. M.H.'s mother told her to tell Father Boyle what happened. When M.H. told Father Boyle that the man sexually abused her, Father Boyle comforted M.H. bu tinstructed her to never tell anyone else about what the man did to her. Father Boyle never reported the sexual abuse of M.H. to the authorities."
M.H. sued the archdiocese two years ago.
The Superior Court judge dismissed the case after the archdiocese argued that it didn't have a duty for the man who allegedly molested the girl.
But the appeals court ruled that "despite a known history of sexual misconduct with children, the archdiocese assigned Father Boyle as an associate pastor at Saint James Cathedral."
"The alleged facts also show that Father Boyle knew the unidentified man planned to sexually abuse M.H. and was instrumental in arranging the opportunity for the man to do so. Father Boyle planned the picnic with M.H.'s mother and her children. Father Boyle invited the unidentified man to go to the picnic with the family, brought the man to M.H.'s home, and introduced the man to M.H.'s mother and 5-year-old M.H. When the man asked if he could drive M.H. to the picnic, Father Boyle vouched for the man and told M.H.'s mother that she should allow M.H. to drive with the man to the picnic. When M.H. told Father Boyle that the man had sexually molested her, Father Boyle instructed her not to tell anyone and never reported the abuse to the authorities."
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FFRF applauds Washington AG’s commitment to clergy sex abuse investigation
ReplyDeleteFreedom From Religion Foundation May 14, 2024
The Freedom From Religion Foundation cheers the decision of the Washington attorney general to force the Seattle Archdiocese’s compliance with a clergy child sexual abuse investigation.
Attorney General Bob Ferguson recently sent subpoenas to the Seattle Archdiocese, the Diocese of Spokane and the Diocese of Yakima seeking to examine whether these religious entities have used charitable funds to cover up pedophilia. Of the three, the Seattle Archdiocese is the one that has refused to cooperate.
The Seattle Archdiocese first released names of perpetrators in 2016. The list, which now has more than 80 individuals, includes long-dead priests. It goes without saying that the Catholic Church cannot be trusted to fully and accurately report on the number of perpetrators among its clergy. The Illinois Attorney General’s Office’s published report in 2023 listed four times as many substantiated child sex abusers than previously disclosed by the dioceses of Illinois — 451 compared to 103. Similarly, recent court filings revealed that there have been more than 600 victims under the Baltimore Archdiocese, and “almost certainly hundreds more,” according to former Maryland Attorney General Brian Frosh.
An independent and — perhaps more importantly — secular investigation is critical to the integrity of the findings. The Washington attorney general’s commitment to holding these dioceses accountable is a crucial step to truly understanding the magnitude of the abuse in Washington. Survivors deserve an investigation that publicly reveals the identities of perpetrators — and those who provide them safe haven. Ensuring that every potential legal recourse remains on the table is vital to offering healing to survivors and their families, as well as sending a message that such abuse will not be tolerated in the state of Washington.
“Washingtonians deserve a public accounting of how the Catholic Church handles allegations of child sex abuse, and whether charitable dollars were used to cover it up,” Ferguson said in a statement on his website. “As a Catholic, I am disappointed the Church refuses to cooperate with our investigation. Our goal is to use every tool we have to reveal the truth, and give a voice to survivors.”
FFRF has long called for an independent and secular inquiry to uphold the integrity of any such findings into clergy sexual abuse. The Seattle Archdiocese seems committed to impeding the investigation. Perhaps it realizes that the findings will uncover years of cover-up that will do serious financial damage to the church. FFRF Senior Policy Counsel Ryan Jayne has pointed out that as instances of abuse are uncovered, dioceses across the country dishonestly have resorted to bankruptcy to protect themselves against lawsuits.
“The abuse unearthed by independent investigations has been truly heartbreaking,” says FFRF Co-President Annie Laurie Gaylor. “The public deserves to know what the Catholic Church has done to cover up these egregious sexual assaults by their clergy. Praise goes to Attorney General Ferguson for holding the Seattle Archdiocese accountable.”
The Freedom From Religion Foundation is a national nonprofit organization with 40,000 members and several chapters across the country, including more than 1,700 members in Washington and two state chapters. Its purposes are to protect the constitutional separation between state and church, and to educate the public on matters relating to nontheism.
https://ffrf.org/news/releases/ffrf-applauds-washington-ags-commitment-to-clergy-sex-abuse-investigation/
Attorney General Ferguson announces investigation into Catholic Church’s handling of child sex abuse allegations
ReplyDeleteWashington State Office of the Attorney General May 9 2024
Seattle Archdiocese refusing to cooperate with subpoenas
SEATTLE — Attorney General Bob Ferguson today announced his office is initiating legal action against the Seattle Archdiocese. The Archdiocese has refused to comply with Ferguson’s investigation into whether the three Washington dioceses of the Catholic Church used charitable funds to cover up allegations of child sex abuse by clergy.
The Attorney General’s Office sent subpoenas to the Seattle Archdiocese, the Diocese of Spokane and the Diocese of Yakima. The Seattle Archdiocese refused to cooperate. Consequently, Ferguson filed a petition to enforce the subpoena in King County Superior Court. The office is asking the court to hear the petition on May 22.
The Attorney General’s Office has a longstanding policy that it does not comment on investigations, including confirming whether they exist. Because the Seattle Archdiocese refused to comply with the office’s subpoena, the office now must seek a court order to move the investigation forward. This process made the investigation public.
“Washingtonians deserve a public accounting of how the Catholic Church handles allegations of child sex abuse, and whether charitable dollars were used to cover it up,” Ferguson said. “As a Catholic, I am disappointed the Church refuses to cooperate with our investigation. Our goal is to use every tool we have to reveal the truth, and give a voice to survivors. If you or a loved one have been impacted by clergy abuse, please contact my office.”
Survivor Esther Lucero-Miner issued a statement in support of the investigation: “Like too many other women (and men too), I experienced sexual abuse at the hands of a priest, my Catholic pastor. … For years, I believed that family and friends and the community, would believe and defend the priest. I was terrified of being labeled and becoming an outcast, so I kept quiet. For too long, I felt estranged from my community of faith. I was reticent to go to church because I did not trust that I would be safe in what should be a holy and sacred place, this abuse engulfed my life. For me, the struggle is not over. As with any significant injury, the pain of the incident never completely goes away. … I strongly support the investigation by the Attorney General into the Catholic dioceses of Washington state. It is long overdue in my opinion and will be an important step in the healing that our Church deserves.”
Advocacy organization Heal Our Church offered a statement: “For too long the faithful have been kept in the dark regarding the ‘how and why’ of this sordid chapter of Church history. We call on the Church, and its legal representatives, to cooperate fully with the investigation by granting full access to all relevant records, including internal chancery memos, attorney correspondence and financial information. Church members and survivors deserve no less.”
If the investigation reveals any violation of the law, the Attorney General’s Office will take all steps within its power to seek justice, and to put in place any appropriate oversight and monitoring to ensure that children are not exposed to abuse in the future.
Survivors of clergy sexual abuse and their loved ones can contact the Attorney General’s Office at 833-952-6277.
Legal approach
The Attorney General’s Office has authority under the Charitable Trusts Act to investigate organizations’ use of charitable funds.
continued below
The three Catholic dioceses in Washington are organized as a special type of corporation under Washington law — a “corporation sole” — that holds assets in trust for religious and charitable purposes. The Attorney General’s investigation is aimed at uncovering whether these charitable funds were used to conceal the sexual abuse of Washingtonians.
ReplyDeleteThere is reason to believe that the Seattle Archdiocese knew about certain priests’ abusive behavior, but used its resources to protect and support the abusers instead of their victims. For example, publicly available information indicates that the Seattle Archdiocese knew for decades that Father Michael J. Cody repeatedly sexually abused children, but it allowed him to stay in positions of power and moved him to different parishes periodically to hide his predations, giving him access to new victims while continuing to support him financially.
Calls for transparency
When Ferguson opened his investigation, he and his team reached out to organizations supporting and advocating for survivors of childhood sexual abuse. At the center of these conversations has been the desire that people of faith have to bring daylight to allegations of sexual abuse and efforts to cover up that abuse.
The Catholic Church has in recent years made a number of reports about clergy sexual abuse, including publicizing the names of current and former priests that it determined to have been “credibly” accused of sexual abuse.
These claims are evaluated by the church itself. When state attorneys general have conducted their own investigations, some have found a dramatically greater number of credible allegations.
For example, when the Illinois Attorney General’s Office published its report in 2023, it listed four times as many substantiated child sex abusers than the dioceses of Illinois had previously disclosed – 451 compared to 103.
Investigation timeline
The Attorney General’s Office has primarily civil legal authority, a significant difference from other states that have announced similar investigations. Many states have used grand juries to conduct their investigations, an authority the attorney general does not have in Washington.
In 2021, Washington State Supreme Court issued a decision that said a statutory religious exemption from a state law did not cover a church’s secular activities, where exempting the church from the law would affect another person’s fundamental rights.
While Washington’s Charitable Trust Act contains an exemption for religious organizations, Ferguson argues that there is no reasonable ground for applying this immunity to an investigation focused on sexual abuse. Therefore, his office has the authority to investigate whether the church has misused charitable trust funds to cover up systemic sexual abuse and shield abusive priests.
Ferguson subsequently opened a formal investigation, and sent the first round of subpoenas to the Seattle, Spokane and Yakima dioceses in summer of 2023.
The dioceses only responded with information that was already public. They did not fully respond to the subpoena.
The office sent a second set of subpoenas this spring seeking additional information, including accounting and financial records.
The Seattle Archdiocese refused to respond. The office filed today’s petition to enforce its subpoenas as a result.
The office has not yet taken action against the Spokane and Yakima dioceses, but is prepared to do so if they refuse to comply.
Investigations by other attorneys general
Including Washington, 23 state attorneys general have announced investigations into the Catholic Church – 27 have not.
In the past five years, six states have produced reports detailing their findings. Many investigations are ongoing.
to see the links embedded in this article go to:
https://www.atg.wa.gov/news/news-releases/attorney-general-ferguson-announces-investigation-catholic-church-s-handling
Washington AG investigating Catholic Church’s role in clergy sex abuse
ReplyDeleteSpokane Public Radio | By Laurel Demkovich/Washington State Standard May 10, 2024
Bob Ferguson is taking the Seattle Archdiocese to court over documents he says it has refused to release.
Washington Attorney General Bob Ferguson is taking the Archdiocese of Seattle to court over records he said the church is refusing to give up in an investigation of its handling of child sex abuse allegations.
Ferguson announced Thursday his office is investigating whether the Catholic Church used charitable funds to cover up allegations of sex abuse by clergy in three dioceses in Washington: the Seattle Archdiocese, the Diocese of Spokane and the Diocese of Yakima.
Fergusons’s office sent its first round of subpoenas to the dioceses last summer, but none have yet to provide any information not already publicly available.
On Thursday, his office filed a petition asking the King County Superior Court to enforce the Seattle Archdiocese subpoenas and requested a hearing for May 22.
The state has not yet taken action against the other two dioceses, but Ferguson said his office is prepared to if they refuse to comply.
As a Catholic, Ferguson called the church’s decision to withhold these documents “so disturbing to me on a very deep level.”
“There’s still time for the church to do the right thing, but I can’t say I’m optimistic,” Ferguson said at a press conference Thursday. “I can imagine, for the church right now, the right thing is especially painful, but it’s time for them to lead by example.”
Ferguson is one of 23 other state attorneys general who’ve opened investigations into the Catholic Church. So far, six have produced reports with their findings, according to Ferguson’s office. That includes an Illinois investigation that found four times as many abusers in the state’s dioceses than they had previously disclosed.
Since 2016, the Seattle Archdiocese has released the names of 83 individuals with allegations of sexual abuse against them that the church has deemed credible. Ferguson said Thursday that number could be bigger, given the amount of information the archdiocese still refuses to disclose.
Still, the state’s petition filed Thursdaycalls the list “deeply concerning, as it shows many of the individuals served in positions of power within the Church for decades and were frequently transferred between locations.”
Ferguson added there is reason to believe that the Seattle Archdiocese has known about priests’ abusive behavior and used its charitable funds to protect them.
According to court documents, the archdiocese has refused to provide any “meaningful transparency” regarding whether it was complicit in the abuse, if there are reports of other priests or how it investigated the individuals on the list.
“There needs to be an acknowledgment that protecting abusers is being an accomplice to the crime of clerical sexual abuse,” Esther Lucero-Miner, a survivor of sexual abuse from a Catholic priest, said. “There also needs to be transparency, including an openness to locked-up records, a willingness to meet face-to-face with survivors.”
continued below
The decision to take the church to court over these subpoenas is “highly unusual,” Ferguson said. In most other investigations by his office, the person or group being investigated cooperates.
ReplyDelete“I wish there was another way to resolve this, but there is not,” Ferguson said. “We’re moving forward with or without their cooperation.”
Because the attorney general only has civil authority, Ferguson cannot press criminal charges against the diocese, but local prosecutors can refer criminal cases to his office if they have the necessary information.
He said Thursday he didn’t want to speculate on any criminal investigation.
In a statement released Thursday, the Archdiocese of Seattle said it has cooperated with the Attorney General’s Office since its first subpoena 10 months ago and has already turned over some of the requested information.
“We have a good understanding of the content of our files and we have no concern about sharing them with the Attorney General lawfully and fairly,” according to the statement.
“However, based on the recommendations and guidance of professionals, we must do so in a way that protects the privacy of victims and ensures they are not re-traumatized,” the statement went on.
Although religious organizations are exempt under Washington’s Charitable Trust Act, Ferguson argued that there is no reasonable ground to apply that exemption for an investigation related to sexual abuse.
The Catholic Accountability Project, an organization that advocates for victims of clergy sexual abuse, praised Ferguson’s decision to pursue a court order but pushed him to go a step further. In a statement Thursday, the group called on him to subpoena the state’s religious orders for documents related to widespread abuse among clergy members to obtain documents and evidence from the Vatican archive, which likely has documents and evidence related to abuse among Catholic clergy.
The group has also pushed state lawmakers in recent years to require clergy to report child abuse or neglect when they hear it. A bill to do so failed two years in a row in the Legislature, in part because of disagreement over whether that requirement applies during confession.
Ferguson’s office encourages survivors and their families to call (833)952-6277 if they have any information that may be helpful to the investigation.
to see the links embedded in this article go to:
https://www.spokanepublicradio.org/regional-news/2024-05-10/washington-ag-investigating-catholic-churchs-role-in-clergy-sex-abuse