BishopAccountability.org
 
  Judges Hear Arguments in Sex-Abuse Suit

By David O’Reilly
Philadelphia Inquirer [Philadelphia PA]
February 16, 2005

A lawyer for 18 adults who allege they were sexually abused as children by archdiocesan priests asked an appeals court Wednesday afternoon to establish a right for such victims to sue the Philadelphia Archdiocese.

Berks County lawyer Jay Abramowitch told a three-judge panel of the Pennsylvania Superior Court that lower court judges should no longer be allowed to automatically bar an adult from suing a diocese for abuse, simply because it happened many years ago.

Abramowitch argued that state law requires a jury - not a judge - to decide whether a diocese unlawfully concealed its role in allowing a priest to abuse, or played on the victim's trust, or interfered with the victim's prompt reporting of abuse.

The archdiocese's lawyer urged the court not to overturn, however, arguing that Pennsylvania's statute of limitations bars abuse victims from suing after so many years.

The 18 victims allege they were abused between 1957 and 1983. At the time, victims had only two years in which to report abuse.

A ruling in favor of the plaintiffs would establish a precedent in Philadelphia that allows adult victims of child sex abuse to sue an institution that facilitated their abuse and then interfered with the victims' reporting of that abuse to authorities.

Such a ruling might also strengthen similar arguments before other county courts. Lawyers on both sides have indicated that whoever loses will likely appeal to Pennsylvania's Supreme Court.

The judges hearing the case were Jack Panella of Northumberland County, Susan Gantman of Montgomery County, and Peter Olszsewski of Luzerne County.

A decision is expected in several weeks.

 
 

Any original material on these pages is copyright © BishopAccountability.org 2004. Reproduce freely with attribution.