Superior Court judge makes landmark church official abuse ruling

[Bob]

Possible new avenue for those abused by clergy.

Source: www.boston.com

quote:

Superior Court judge makes landmark church official abuse ruling

By Michael Kunzelman, Associated Press Writer | February 22, 2005

BOSTON -- A Superior Court judge has ruled that a Jehovah's Witness church in Boston can be sued for breaking its trust and legal duty to a girl who claims she was sexually abused by one of the church's ministerial servants.

Suffolk Superior Court Judge Herman Smith Jr.'s ruling earlier this month is believed to be the first time a Massachusetts court has ruled that church officials have a "fiduciary duty" to members of their congregation. Lawyers and doctors already owe a similar legal responsibility to their clients and patients.

Smith's ruling also is expected to open another legal channel for attorneys to bring civil suits against churches for clergy abuse cases, according to Lisa Bruno, news editor for Massachusetts Lawyers Weekly.

"It gives another piece of ammunition to plaintiffs, another grounds for finding a church liable for the actions of priests and ministers," Bruno said.

Carmen Durso, a Boston lawyer who settled 40 lawsuits against the Catholic Boston Archdiocese in 2003, said he expects Smith's ruling to pave the way for more clergy abuse cases to proceed.

"It affords another basis, a stronger basis, for bringing claims against churches in sex abuse cases," Durso said.

"There have been a number of rulings that have gone the other way," he added. "We had pretty much given up on this issue."

The girl at the center of Smith's ruling was between 9 and 11 when her alleged assailant, a ministerial servant with the Columbus Park Congregation of Jehovah's Witnesses, molested her, during Bible study classes in her home, Lawyers Weekly reported.

The girl's parents, who learned about the alleged abuse in August 2000, sued the ministerial servant and two Boston-area Jehovah's Witness congregations for negligence as well as breach of fiduciary duty.

Edited February 23, 2005 by Bob

[Shellon]

Good!! I read about this earlier today and was encouraged as well.

Thanks Bob

[danteh1]

One question.

Would this ruleing cover older people? Like with TWIT cases? If so then any new sexual abuse cases against leaders in TWIT should be able to use this ruling in the plantiffs favor for any new cases.

[Bob]

This is an interesting question.

It is a state ruling, applying only in Massachusetts. But, if this type of judicial logic were to make its way to Ohio...

Ohio has a 1 year limitation on sexual harassment cases. But if they were reclassified as a breach of fiduciary duty, as they should be, TWI could be facing what the RC Church in Boston is -- multiple lawsuits for sexual abuse going back 25 years.

It is not inconcievable that if this were to occur, given the number of people abused by TWI, they could face bankruptcy.

Interesting...

[Belle]

Interesting indeed. Would that go back as far as vee pee's days?

[Bob]

It should, although the fact that he's dead might throw a kink in things.

[Belle]

Yeah, a dead man can't defend himself and now his wife can't even help convict him since she's got alzheimer's. I still think it could be done as a class action lawsuit, there's too many women who have been abused. Sad thing is they would have to relive all that horrible stuff and I couldn't blame them for not wanting to.

[Bob]

Yes, I'm begining to see the value in leaving the past in the past. I couldn't blame them either for not wanting to relive it.

[Ham]

But.. I wonder- what about the limb/region/trunk bigshots that took advantage of their position? Most of those numbnuts are still alive and kicking. I think the fact that some left da ministry would be irrelevant.

Poor ole rosey.. her knees would knock together if she could just lose a few pounds..

[Bob]

Damn, you paint the grossest pictures. I can now imagine Rosey losing some weight, but the skin not shrinking with it, her knees trying to knock together, but ending up just being a muffle -- like having blankets between the knees.

Stop it! I can't take it! :)-->

[Ham]

Hey, it might make a great new proverb: "quiverin like a Rosie under deposition..."

[Ham]

Gruesome.