A jury last week rendered a historic judgement against the Diocese of Burlington in a sexual abuse case that could serve as a template for the scandals that have shaken the Roman Catholic Church.The jury awarded the victim $8.7 million, including $7.75 million in punitive damages, for abuse by a former priest, Edward Paquette, whom the diocese had placed in churches in Rutland, Montpelier and Burlington before finally dismissing him.
All of the elements were there: the horrified discovery by parents that their children had been abused; the warnings by out-of-state church officials that went unheeded by others; the seemingly endless patience of the church hierarchy with the abusive priest; only the dimmest understanding of the nature of sexual abuse. There was even a so-called therapist used by the church who was himself an abuser and a thief.
The most disquieting element of all was the lack of concern evidenced by the church hierarchy with the welfare of the children who were abused. A story in today's Rutland Herald and Times Argus provides abundant documentation of the correspondence regarding Paquette's crimes.
There is much talk of the potential for scandal and the need to keep a lid on it, and there is a dismissive comment by Bishop John Marshall about the concern of "irate" parents. Only after the church had finally fired Paquette did Marshall express concern for the victims, and then it was in a paragraph that equated concern for the victims with concern for the criminal priest.
In the trial that ended last week, lawyers for the church tried to establish that these crimes occurred at a time when understanding of sexual abuse was limited and that Marshall and others did what they thought was best. They argued that it was not right to hold today's church accountable for the lack of understanding that prevailed decades ago.
It was clear that Marshall and others were aware of the explosive nature of the charges against Paquette. It appears they thought the best way to address the scandal was to try to cure Paquette of his wayward tendencies, and so they urged psychiatric care.
The unavoidable conclusion, however, is that concern for the institutional welfare of the church seems to have outweighed concern for the welfare of the altar boys who served with Paquette.
All of those other dioceses that rejected Paquette's applications for employment after his crimes in Indiana seemed to understand that a priest who violated the trust of parishioners did not serve the interests of the church or the parishioners.
The voluminous documentary record of the church's dealings with Paquette showed no sign that the welfare of children was a high priority for the church in Vermont. That failing would appear to be the chief reason for the large punitive award given to the plaintiff in the Paquette case.
That is what punitive damages are for. They are meant to drive home a point. Whether levied against a tobacco company, a pharmaceutical company or an organization that harbors child abusers, punitive damages are meant to say, "You don't get it."
The church's determination to fight lawsuits alleging past negligence suggests a continuing failure to get it. The church did not deny Paquette's guilt. Rather, it sought to defend itself in part by attacking the victim of Paquette's abuse. The church has its own financial standing to consider, but the jury last week showed that the church will not be able to walk away from its past failures.
The church can no longer protect itself by dismissing the concerns of irate parents or irate former altar boys.
For Catholics, the sex scandals in Vermont and elsewhere have been a source of great shame and sadness. It would have to be so. The pervasiveness of the crimes has caused some Catholics to raise serious questions about church practices, such as priestly celibacy and an all-male priesthood. The scandals have also served notice on the church that within the broader secular world, the church will not be allowed to exist apart as a place where criminals can find shelter.
The sex scandals have created an enormous spiritual and financial burden for Catholics, and as the church rebuilds and reforms, it will have to do so within a world where it is accountable for its abuses, a world where the suffering of trusting children is taken fully into account.
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