Personal Injury Law

Supreme Court Allows Landmark Sexual Abuse Lawsuit to Continue

By ckramer

Providing further hope for victims of sexual abuse, a lawsuit against the Vatican has leapt over another hurdle.

According to the Associated Press, the Supreme Court recently refused to stop a sexual abuse lawsuit filed by an Oregon man against the Vatican.

In the lawsuit, the accuser alleges that he was sexually abused as a teenager in Portland, Ore., by Rev. Andrew Ronan. According to sources, the Catholic Church had already transferred Rev. Ronan twice before, from Ireland to Chicago and then to Portland, in the wake of sexual abuse accusations.

The lawsuit says the Vatican acted irresponsibly by transferring the offending priest from city to city despite repeated allegations of sexual abuse.

In an effort to dismiss the case, the Vatican, operating under its legal name as the Holy See, appealed an appellate court decision allowing the case to proceed. However, the Supreme Court refused to hear the case, allowing the trial to move forward.

According to the Christian Science Monitor, the Vatican?s primary defense rests on the longstanding doctrine that sovereign foreign nations cannot be sued in American courts. Historically, the Vatican has been considered a sovereign foreign nation.

However, there is an exception to this rule. Under the Foreign Services Immunities Act, a foreign nation can be sued in a U.S. court if the illegal act was performed by an employee or official of the foreign country ?while acting within the scope of his office or employment.?

Arguing against this exception, the Vatican claimed it could not be held responsible for the alleged acts of Rev. Ronan because his acts were completely unrelated to his employment as a priest.

Since sexual abuse is not part of a priest?s work for the Catholic Church, the Vatican should not be responsible for paying damages related to such acts.

In response, the accuser?s attorneys argued that the priest used his position as a member of the clergy to gain the trust of young boys. As a result of the access to children granted to him by the church, the priest was able to perform the alleged abusive acts.

After reviewing these competing claims, both the 9th U.S. Circuit Court of Appeals and the Supreme Court ruled in favor of the plaintiff, saying that the priest was serving as an employee of the Catholic Church at the time of the alleged sexual abuse.

As a result, the trial will move forward, and its outcome will likely have a significant impact on future lawsuits against the Catholic Church.

If you or a loved one has been a victim of sexual abuse, a personal injury attorney can help you navigate through the sensitive and complex issues such a case presents.

Full post as published by The Injury Blog on July 08, 2010 (boomark / email).