The mother of a boy from Chicago filed recently a case against the Vatican for the alleged role it played in the cover up of sexual abuse committed by a priest on her son.
The case was filed within weeks of a landmark decision in Oregon which ruled that the Vatican should yield documents and testify under oath regarding its supervisory responsibility over a priest who was shown to have a long-term pattern of sexually abusive behavior toward children, the AFP said.
Jeffrey Anderson, lawyer for the mother of the boy, said his client filed the case against the Vatican because she was frustrated by its failure to shield children from known child abuse by clergy, the AFP reported.
Anderson said, “The reason we have to do this is because Daniel McCormack [a former Roman Catholic priest who molested the woman’s son] is just one of many offenders who’ve been allowed to offend in secret. Until there is change at the top, children remain at risk,” according to AFP.
Anderson said he has enough evidence to show that Pope Benedict XVI and recently-beatified Pope John Paul II played a role in enabling McCormack to abuse many children over a period of years, the Chicago Tribune reported.
Anderson said, “This case is not really about what Daniel McCormack did as much as it is about those at the top allowing him to do it,” including Cardinal Francis George, archbishop of Chicago, according Chicago Tribune.
Without merit
Atty. Jeffrey Lena, who represents the Vatican in cases regarding clergy sex abuse, told the AFP, “This case is without any merit. The complaint rehashes the same tired theories already rejected by US courts. The plaintiff already received payment from the Archdiocese of Chicago and released all further claims. And, importantly, the Holy See had no factual involvement in this matter whatsoever.”
The U.S. has a Foreign Sovereign Immunities Act which provides certain protections for sovereign nations, including the Vatican, from being charged in a U.S. court. Anderson will have to prove the Vatican is an exception by showing evidence that it had a direct responsibility in the abuse.
Anderson claimed that he has enough proof to show that the Vatican, with protocols and its hierarchy, enabled McCormack to continue to abuse children as a priest, Chicago Tribune said.
Background
McCormack was arrested in 2005 on complaints of sexual abuse of several boys. However, he was allowed to still work at a Catholic school, after which more boys issued complaints of sexual abuse, the AFP said.
In July 2007 McCormack pleaded guilty to the abuse of five boys. The following year, the Archdiocese of Chicago reached a settlement of $1.6 million with the families of the boys (including the mother who is now suing the Vatican), the AFP said.
Anderson said the new lawsuit does not negate the settlement, but it may exert pressure on the Chicago archdiocese to release records as was agreed upon in the 2008 settlement and which, until now, has not been done, Chicago Tribune said.
The archdiocese was angered that Anderson would say they are stalling. In a statement it said, “We are surprised that Mr. Anderson is making an accusation like this because the Archdiocese is engaged in an ongoing mediation process with him that includes provisions about how to resolve disputes over the production of documents.”
The statement added, “Mr. Anderson has not invoked any of the processes required under these agreements for the resolution of disputes. Instead, he has made accusations in a press conference and in a lawsuit against the Holy See,” the Chicago Tribune reported.
Anderson said his client decided to file the case after an Oregon court decision was reached which ordered the Vatican to open all records regarding a Servite Order priest, Chicago Tribune said.
Legal precedence
Anderson, who is also involved in the Oregon case, said this is an impetus to go after the Vatican with the McCormack case, too. He said, “We have some legal precedence and some authority that really does make me believe we can do this,” the Chicago Tribune reported.
The Oregon court is trying to determine whether the Vatican can be viewed as an employer of abusive priests, and therefore, liable in clergy sex abuse cases. In previous lawsuits the Vatican has argued successfully that it wields spiritual control over clergy, but temporal control falls under the purview of local dioceses, the AFP said.
While winning the suit may appear to be a long shot, Bruce Boyer of Civitas Child Law Clinic, Loyola University, said filing the case in itself is significant. He told Chicago Tribune, “It’s difficult to fund litigation that the profession may look at as quixotic, [but there] is an important secondary goal which is to try to change the culture in which the church operates.”