Federal 5th Circuit Hears Case On Statute of Limitations and Clergy Sexual Abuse

I hate to say this with such a serious issue but the reporting here, now was tweeted out and read by countless people, is so tragically comic in that it actually does not tell you what is going on.

From WWL. (The Bolding is mine) :

Should an 85-year-old defrocked priest face trial for molestation?
Dave Cohen Reporting
The federal appeals court in New Orleans today hears the case of an 85-year-old former priest charged with molesting dozens of children.

Defense attorneys claim the statute of limitations has run out to prosecute Christopher Joseph Springer.

Barbara Dorris with the Survivors Network for Those Abused by Priests, SNAP, says time should never run out to seek justice against priests charged with molestation.

"Statue of limitations is a predator friendly, archaic law that allows predators to continue to molest throughout their lifetime," she insisted. "We feel these cases should stand on their own merit. Did he commit these crimes? If so, he should be held accountable."

Chuck Bishop says the now defrocked priest molested him.

"I was an alter boy, and the second time I was to serve I was by myself. I was really scared, and he comforted me. He took me to dinner, then that weekend I was at his camp being abused," Bishop said.
"I'd like to see the case go forward," he said.

SNAP says Springer worked in more than six parishes in Louisiana including St. Gerard Majella in Baton Rouge, St. Pius X in Baton Rouge, St. Mary's of False River, Pointe Coupee Church, Our Lady of the Assumption in Clinton, Our Lady of Lourdes Parish in Slidell and St. Alphonsus Parish in New Orleans.

Then if you note at the top of the page there is a online poll. That is Should an 85 year old priest who admitted to molesting dozens of children go to jail?.

The use of Charge, the use of the word trial (without clarification) , the tweet that went out to and that online poll all give the impression this is a criminal matter. It's not. It is a Civil matter involving various defendants. Because of that the reader might be misled and not be alerted that this case has implications far beyond the Catholic Church.

The case here is James Chenevert, et al vs. Christopher Joseph Springer, et al. The defendants in this matter Christopher Joseph Springer, The Redemptorists Denver Province, Thomas D. Picton, Jr. and The Redemptorists/New Orleans Vice Province.. This case that is being heard on appeal in the Fifth Circuit is coming up from the Louisiana Middle District Court (in Baton Rouge).

The issue here is if these claims are barred by the Statute of Limitations. What we in Louisiana call prescription. The Judge at the Federal District Court level rule in part fora and dismissed in part actions for both the plaintiffs and defendants in both as to these issues. See page 12 of the opinion.

The case is now in the Fifth Circuit on these matters. That case *No. 10-30791. James D. Chenevert, Et Al., Appellants vs. Christopher Joseph Springer, Et Al.will be heard today by the panel of Judges consisting of JUDGES E. GRADY JOLLY, CATHARINA HAYNES AND SARAH S. VANCE.

Let me address this in the above article:


Barbara Dorris with the Survivors Network for Those Abused by Priests, SNAP, says time should never run out to seek justice against priests charged with molestation.
"Statue of limitations is a predator friendly, archaic law that allows predators to continue to molest throughout their lifetime," she insisted. "We feel these cases should stand on their own merit. Did he commit these crimes? If so, he should be held accountable."

Regular readers of this blog know I find the elimination of the Statute (NOT STATUE) of Limitations folly and dangerous. One does not have to not feel for the victims of these crimes and torts ( or in fact any Crimes or torts) not too have that view. Further such a view is not "Pro child molester" or trying to cover things up. It is not trying to whitewash things.

We have Statute of Limitation because experience has shown us they are needed. We can debate what the Statute of Limitation should be no doubt. No doubt we should look at the specific crime and tort of abusing children to look at those time limits. However we cannot just retroactively declare that they don't exist.

Lets take this case out of the Catholic Church context. Lets say you bought or inherited some business or non profit entity where there is brought to court a tragic issue of child abuse in the past that falls outside the prescription dates. This could be a nursing home, a hospital, a day care center, a school, or various other things. Then one has to deal with a law suit about a tort that occurred decades ago!!

First there is the issue of justice. That is after such a time period because of the natural process of life can the truth be found. However another issues arises. That is the needed stability in governing one affairs. There are budgets and insurance to buy so that if these things happen the business can be protected and the victim gets recompense. Decisions are made that affect not only the core nature of the "Business" or mission of the non profit that affects it's function but also the employees and the people it serve. As a part of this potential liabilities are considered in part in the governing those affairs and the use of assets of the future.

In other words this case the outcome of this case might not just involve the Catholic Church. It will depending on the outcome affect other Churches, other non profits, and various other business entities . All of which serve people and have their own employees and serve people in various ways.

I do not mean to sound cold and heartless as to victims of sexual abuse when it occurs in the family, in the Church, in a hospital , in YMCA, in the school (both private and public), or in the Boy Scouts of America. However matters of Justice and fairness to arrive at the truth must be kept. Further just for stability one has to have laws as to lawsuits that one can bank on.

There are issues here in this tragic case and it's impact might affect those far outside the Catholic Church no matter if they are potential future plaintiff or defendant.