A hearing into whether the church has the same legal
obligations towards priests as employers towards employees, could have
massive ramifications.
The Roman Catholic Church is taking the unprecedented step
of arguing in court that is is not responsible for sexual abuse
committed by its priests, arguing that the relationship between a
Catholic priest and the bishop of the local diocese is not an employment
relationship and therefore the diocese does not have vicarious
liability.
There have been thousands of accusations around the world of abuse by priests but the majority of legal cases have been settled out of court or withdrawn.
This is thought to be the first time that the Church has gone to court to defend itself against accusations specificially relating to liability.
The three day hearing, started last Tuesday, is part of a wider civil action being brought by a woman known only as Miss JGE.
She claims to have been sexually abused while living in a children's home run an order of nuns, the English Province of Our Lady of Charity.
She alleges that she was sexually abused by a priest of the Roman Catholic Diocese of Portsmouth, Father Baldwin, who died in 2006.
The claim in that case, due to start in December, will be that the nuns were negligent and in breach of duty, and that the diocese was vicariously liable for the abuse because Father Baldwin was a Catholic priest engaged within the work of the Portsmouth diocese.
However the hearing this week will not deal with the allegations of abuse at all, but will centre on the 'corporate responsibility' of the church in abuse cases.
If the claim is upheld, the church will be found legally responsible for the sexual abuse committed by their priests.
The solicitor representing Miss JGE, Tracey Emmott, said: "The most astonishing point to me to emerge from this tragic and sordid case is that the Catholic church is claiming that it isn't legally responsible for the behaviour of its own priest.
"We need to show that while Father Baldwin wasn't strictly an employee of the church, he was acting on the bishop's behalf and that the bishop clearly had a degree of control over his activities."
Ms Emmott said that the consequences of the Catholic Church winning the point was that they would be able to avoid compensating all victims of sexual abuse by priests.
The Catholic Church and the Portsmouth Diocese said they would not comment until the end of the hearing.
There have been thousands of accusations around the world of abuse by priests but the majority of legal cases have been settled out of court or withdrawn.
This is thought to be the first time that the Church has gone to court to defend itself against accusations specificially relating to liability.
The three day hearing, started last Tuesday, is part of a wider civil action being brought by a woman known only as Miss JGE.
She claims to have been sexually abused while living in a children's home run an order of nuns, the English Province of Our Lady of Charity.
She alleges that she was sexually abused by a priest of the Roman Catholic Diocese of Portsmouth, Father Baldwin, who died in 2006.
The claim in that case, due to start in December, will be that the nuns were negligent and in breach of duty, and that the diocese was vicariously liable for the abuse because Father Baldwin was a Catholic priest engaged within the work of the Portsmouth diocese.
However the hearing this week will not deal with the allegations of abuse at all, but will centre on the 'corporate responsibility' of the church in abuse cases.
If the claim is upheld, the church will be found legally responsible for the sexual abuse committed by their priests.
The solicitor representing Miss JGE, Tracey Emmott, said: "The most astonishing point to me to emerge from this tragic and sordid case is that the Catholic church is claiming that it isn't legally responsible for the behaviour of its own priest.
"We need to show that while Father Baldwin wasn't strictly an employee of the church, he was acting on the bishop's behalf and that the bishop clearly had a degree of control over his activities."
Ms Emmott said that the consequences of the Catholic Church winning the point was that they would be able to avoid compensating all victims of sexual abuse by priests.
The Catholic Church and the Portsmouth Diocese said they would not comment until the end of the hearing.
This is an example of RCC Inc. at its most hypocritically disgusting.
ReplyDeleteAnd, regardless of even whether they win legally they will NEVER be able to hold their heads up again - they CANNOT win morally, by the spirit of any law. If ever anyone doubted the RCC Inc. tag, think again - when I read such as this it totally confirms that we have been in the grip of a Constantine-possessed church, a body of Constantine if you like, all these centuries rather than The Body of Christ and this usurper church is just a front for the boy's club behind it. Oh how they know how to get the better of such as us victims - the playing field is totally unbalanced and they're now trying to make it even more unbalanced IN THEIR FAVOUR. Jesus must be utterly weeping to see what has become of his humble message.
This story/case is just gobsmackingly unbelievable - on one hand we have an institution that has absolute control over its 'employees' and is not at all afraid to use it, to the point where it can excommunicate them and/or defrock them and/or remove them from office even without full explanation or right of comeback (eg. Bishop Morris), but now, when money is involved they cry , 'no control' - pathetic creeps; (sorry - but there is just no other term).
And what of all their protestations of support for victims, well, now we do know where they really stand and what they are really on about and it's not the good of victims.
Always thought their so called concern was money and image based alone. This proves it. Well the image part is shot now. At a meeting I went a few days ago a woman just happened to mention (to all present) how a letter concerning a priest from her area had been sent to all parishioners informing them of one of their priests who had been arrested on possession and making of child porn and how her daughter was so disgusted when she found out and saying, "Oh mum, and he gave me communion. Yuk! To think what he might have been thinking while doing so". And this is just one story - and it seems they are coming thicker and faster and people are getting angrier. No guys, your image is shot to pieces. And it's all your fault and doing what you are trying to do in this case ain't going to improve anything: It will actually just confirm in everyone's mind who and what the real you is - RCC Inc, a front for the boy's club behind it.
Stephen