The man said he was raped at the age of 9 by Father Patrick O’Sullivan in his family home in 1968. O’Sullivan was a priest at St. Mary’s Catholic Church, where the man’s family attended and where he went to school.
The Roman Catholic Diocese of Boise owns St. Mary’s and assigned O’Sullivan to the parish.
The man filed a claim of constructive fraud against the diocese and St. Mary’s in March 2021. To prove constructive fraud, a plaintiff has to establish that there was a relationship of trust and confidence, along with several other elements.
The diocese and St. Mary’s asked the district court for a summary judgment, which it granted. That means the judge determined that there was no genuine dispute over key facts in the case, and closed it without holding a trial.
The man could not establish the existence of a relationship of trust or a false representation or statement of fact without violating the free exercise clause of the First Amendment, the court said.
The free exercise clause prohibits government from regulating, prohibiting or rewarding religious beliefs, according to the Library of Congress.
During oral arguments Friday at the state Supreme Court, the man’s attorney, Melanie Baillie, told the justices that the district court judge got the facts wrong.
Baillie argued that a relationship of trust and confidence existed between her client and O’Sullivan because of the diocese’s position of authority and influence over him as not just a parishioner, but also a student and participant in church-related activities.
She also argued that because O’Sullivan had regular contact with the family, including weekly visits to their home, that created a power dynamic that the priest allegedly took advantage of. O’Sullivan shared dinners with the family, drank with the man’s parents, and would pray with and counsel them, Baillie said.
“This priest was seen as holy — held out as being safe and holy to the appellant and his family,” Baillie said. “He had his collar. He always wore his palette. (The plaintiff) always saw the priest as the priest. He was never off-duty.”
She also argued that the Diocese of Boise knew then of the history of sexual abuse by certain priests within the Catholic Church, but concealed the dangers.
Stanley Welsh, the attorney for the church, said Friday before the Supreme Court that the diocese had no notice of any sexual abuse allegations by a priest until 1985 — nearly two decades after the Nampa man alleges he was raped.
He urged the justices to affirm the district court’s dismissal, noting that the alleged sexual abuse occurred while O’Sullivan was babysitting at the family’s home and not at a church or school activity.
He said there is no evidence the diocese directed, knew about or sanctioned such child-care activity.
Going to the home was not part of the priest’s duties, he added.
The justices pressed Welsh on that point.
“Everybody knows that priests go and visit people in their homes frequently,” Justice Cynthia Meyer said.
The case was taken under advisement, and the Idaho Supreme Court is expected to issue a written decision at a later date.
The man told the Idaho Statesman after the hearing that he looked forward to a resolution in the case.
(The Statesman does not name victims or accusers in sexual-misconduct cases without their permission.)
“I’ve had a tough time dealing with this whole thing,” he said. “It just keeps dragging on and on and on. But this should put a nail in it, one way or another.”