Open windows for reporting expected to trigger avalanche of new abuse cases

Washington D.C., Dec 4, 2019 / 06:18 pm (CNA).- Open windows for reporting incidents of child sexual abuse regardless of when they occurred could lead to a wave of thousands of new abuse cases against Catholic clergy and billions of dollars in lawsuits, a recent report from the Associated Press estimated.

“A trickle becomes a stream becomes a flood,” James Marsh, a New York lawyer who represents abuse victims, told the AP. “We’re sort of at the flood stage right now.”

In total, eight states have opened “look back” windows, which allow adult victims of sex abuse to come forward with allegations from their childhoods, even if they have passed the statute of limitations. Seven more states have significantly relaxed their statutes of limitations, allowing victims to come forward much later in life than previous laws had allowed.

In August of this year, New York opened up such a window for one year, as part of the Child Victims Act. Prior to this, victims had until the age of 23 to come forward with cases of childhood sexual abuse. After the open look back window closes, victims will now have until the age of 55 to come forward.

New Jersey opened a two-year window for victims Dec. 1. After that window closes, a new law extended the statute of limitations on reporting childhood abuse from 20 years of age to 55.

California’s three-year “look back” window will open Jan. 1, 2020, and victims will be awarded triple in damages if they can prove there was an attempt on the part of the Church to cover up the abuse. Once the window has closed, victims will be able to come forward with childhood abuse cases up until the age of 40, instead of the previous limit of 26 years of age.

According to AP interviews with lawyers and clergy abuse watchdog groups, the number of cases that will come from just those three states could lead to at least 5,000 additional cases of abuse, with lawsuit payouts that “could surpass the $4 billion paid out since the clergy sex abuse first came to light in the 1980s.”

The other states that have opened up look back windows are Arizona, Montana, Hawaii, Vermont, and North Carolina, along with the District of Columbia. Most states have temporary look back windows, though Vermont’s window will never expire, allowing anyone to come forward with an allegation of childhood sexual abuse at any time.

Seven other states have increased the age at which adults may come forward with cases of childhood abuse; in many cases, the increase was by more than a decade.

The relaxed or temporarily eliminated statutes of limitations have victims cheering, lawyers competing for sex abuse clients, and the Church preparing for another onslaught of cases.

“I was sitting in my living room and someone came on TV, ‘If you’ve been molested, act now,’” 57-year-old Ramon Mercado told the AP. “After so many years, I said, ‘Why not?’”

Mercado told the AP that he had been quiet about the abuse he had suffered as a child in the 1970s so as not to upset his mother, who recently died.

Many of the cases being brought forward include priests already on the public “credibly accused” lists that many dioceses have.

But some cases, like Mercado’s, name priests who are dead, and are not already on such lists, complicating the possibility of defense on the part of a diocese.

“Dead people can’t defend themselves,” Mark Chopko, former general counsel to the U.S. Conference of Catholic Bishops, told the AP.

“There is also no one there to be interviewed. If a diocese gets a claim that Father Smith abused somebody in 1947, and there is nothing in Father Smith’s file and there is no one to ask whether there is merit or not, the diocese is stuck,” he added.

Steven Alter, a lawyer who has represented multiple sex abuse victims and is collecting more clients, insisted to the AP that “it’s not a cash grab.”

“They (victims) want to have a voice. They want to help other people and make sure it doesn’t happen again. I haven’t had one person ask me about the money yet,” he said.

The new wave of abuse cases comes after several years of sex abuse scandals that have rocked the Church in the United States, including the allegations against former cardinal Theodore McCarrick and the grand jury report from Pennsylvania detailing decades of abuse cases, which triggered an avalanche of victims to come forward and investigations of clergy sex abuse in dioceses across the country.

The newly relaxed or eliminated statutes of limitations in these 15 states will further strain diocesan finances, with dioceses looking to victim compensation funds or selling valuable real estate as ways to pay victims.

Victim compensation funds are currently being used in several dioceses, including the Archdiocese of New York, every diocese in the states of New Jersey and Colorado, and several dioceses in Pennsylvania and California.

These funds offer to settle with victims outside of court, which means that victims are compensated more quickly, but at a lower amount than what they might have won in court, according to the AP. Compensation funds are formed by donations taken up specifically for that purpose, and are not funded by donations made to Catholic schools, seminaries, or other ministries.

Since setting up its fund in 2016, the Archdiocese of New York has paid “more than $67 million to 338 alleged victims, an average $200,000 each,” the AP reported.

In a 2018 op-ed for the New York Daily News, Dolan said that the use of victim compensation funds “surpasses endless and costly litigation — which can further hurt the victim-survivors; it insures fair and reasonable compensation; and prevents the real possibility — as has happened elsewhere — of bankrupting both public and private organizations, including churches, that provide essential services in education, charity and health care.”

Still, bankruptcy may be in the future for some already financially strained dioceses, which also leads to less compensation for victims than if they were to win at a trial. A Penn State study cited by the AP of 16 dioceses and other religious organizations that had recently filed for bankruptcy were able to settle with sex abuse victims for an average of $288,168 per case.

Paul Mones, a Los Angeles lawyer who has successfully prosecuted millions of dollars worth of sex abuse cases against the Catholic Church, told the AP that if these newly-revealed cases are taken to trial, the amount that the Church will owe in victim compensation could be “astronomical.”