Local diocese to pay $12M

Judge approves settlement for sex abuse victims

Judge approves settlement for sex abuse victims

A circuit judge in Dorchester County has approved a $12 million settlement agreement between the Catholic Diocese of Charleston and victims of sexual abuse nearly seven months after she first considered the class-action suit.

The order, released July 30, cleared the way for the diocese to provide initial funding of $5 million, which has been deposited in a local account, according to Larry Richter, an attorney representing victims. But the diocese has asked Circuit Judge Diane Goodstein for permission to delay payments to eligible victims until various pending objections filed by another attorney have been addressed.

The settlement sets aside the standard six-year statute of limitations and earmarks a total of $12 million to be distributed to eligible individuals who were born before Aug. 30, 1980 and were sexually abused by priests and diocese employees. Payments range from $10,000 to $200,000, depending on the type of alleged abuse. Spouses and parents of victims also could be eligible to receive a $20,000 payment.

The initial arrangement was forged by the diocese and the Mount Pleasant-based Richter and Haller law firm after months of sometimes acrimonious negotiations. The deal received preliminary approval from Goodstein in January.

But at a fairness hearing in March, Goodstein refused to approve the agreement when concerns were raised in court about alleged cover-ups.

The judge expressed "grave concern" over the existence of a 1962 Vatican document calling for secrecy on the part of church officials and "denouncers," and a suggestion by Richter that there is a difference between the number of priests who have actually engaged in sexual assault or abuse and the official number.

Goodstein ordered Dorchester County Solicitor David Pascoe to lead an investigation.

"I must have assurances that there are no crimes that have been committed against children, now adults, that have been undisclosed to law enforcement," she said at the time.

James Geoly, an attorney for the Catholic Church, objected during the fairness hearing to the citation of the document, called "Crimen Sollicitationis," or "Instruction on the Manner of Proceeding in Cases of Solicitation." He said it referred to the sacrament of confession, not sexual abuse, and that "it lacks authentication and is hearsay."

The document came to light in 2001 when then-Cardinal Joseph Ratzinger, prefect to the pope, referred to it in a letter. "Crimen Sollicitationis," which discusses sexual abuse and bestiality, among other subjects, was authenticated in a 1995 deposition taken at Catholic University in Washington by Texas lawyer Daniel J. Shea.

"We're glad that the solicitor and the judge agreed that the document was irrelevant and did not show this concerted intent to hide cases of abuse," local diocese spokesman Steve Gajdosik said on Monday. "In fact, the Catholic Church, more than other institutions, has reached out to victims."

Gajdosik said the investigation took five months because diocese officials "had to go back through all the records" to assure the court that all known victims are accounted for.

Richter said the length of investigation only demonstrated the ineptitude of the diocese. Since the 1950s, the diocese has seen 50 sex abuse claims involving 28 church employees. It's outrageous that church officials have not consolidated information about these cases, he said.

Of the known cases, 20 involved offenders who were never reported to state authorities by the diocese, Richter said. "I call on the bishop to release the names of all known perpetrators and tell us where they are," he said.

Gajdosik said the diocese has abided by the law, reporting all sex offenders when required to do so.

Four of the 20 victims cited by Richter were juveniles who came forward with their parents when South Carolina did not require mandatory reporting, or when clergy were exempted from such reporting by the state, he said. The other 16 victims were adults.

Attorney Gregg Meyers, who represents 11 victims and knows of 17 who might fit in the class, said he objects to the settlement's relatively narrow definition of eligibility and hopes to persuade the judge "to expand the relief received by victims ... without making the diocese pay more money."

During the fairness hearing, Meyers said that the $20,000 consortium cap for spouses and parents was unfair because families also suffer from the effects of sexual abuse.

He also objected to ill-defined "opt-out" language in the original agreement, language that subsequently has been modified. But the judge disqualified Meyers' clients, assuming they had opted out, when no such arrangement had been made, he said.

Reach Adam Parker at 937-5902 or aparker@postandcourier.com.