UK - Catholic Church can be held responsible for wrongdoing by priests

besty

http://www.guardian.co.uk/world/2011/nov/08/catholic-church-responsible-priests-court

High court ruling will make it easier for victims of clerical sex abuse to bring compensation claims against the church

A high court judge has ruled for the first time that the relationship between a Catholic priest and his bishop is akin to an employment relationship.

Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.

In a test case, heard on Tuesday at the high court, Mr Justice Macduff gave a decision in favour of a woman, known as JGE, who claims she was sexually assaulted by a Portsmouth priest at a children's home in Hampshire.

The judge said although there was no formal contract between the church and the priest, the late Father Baldwin, there were "crucial features" that should be recognised.

"He was provided with the premises, the pulpit and the clerical robes. He was directed into the community with that full authority and was given free rein to act as a representative of the church. He had been trained and ordained for the purpose. He had immense power handed to him by the defendants [the trustees of the Roman Catholic Diocesan Trust]. It was they who appointed him to the position of trust which (if the allegations be proved) he so abused."

It is the first time a court has ruled that the relationship between a Catholic priest and his bishop is akin to an employment relationship. It sets a precedent for similar cases, by providing further guidance for such trials in the future, while also putting the church in unchartered territory. It has been granted extended leave to appeal the decision.

Lord Faulks QC, on behalf of the defendants, said the church was not seeking to evade responsibility for paedophile priests. "My clients take sexual abuse extremely seriously and are very concerned to eradicate and investigate it. This case has been brought as a point of law that has never been decided."

JGE told the Guardian she was pleased with the judgment, but angry about the church getting leave to appeal.

She said: "I'm fuming. I've had no support from the church whatsoever. Nobody has contacted me. They are ignoring victims. It feels like being on a rack, turning the screws tighter and tighter, over hot coals."

If the church had won the argument it would have meant it could avoid paying any compensation to victims of clerical sexual abuse.

cantleave

I wonder if this has implications for the WTS?

finallysomepride

I would say that UK Head Office of WTBTS will be rather uncomfortable upon reading that,

not so much as shitting theirs pants, but will be onto their lawyers

designs

How can you 'Appoint' someone to an official office of your organization and not be responsible for their actions.

US Evangelical Pastor Michael Pearl who advocated and taught technics in child corporal punishment will soon find out about attached guilt.

PSacramento

The RCC is in SUCH NEED of reform, its ridiculous !

You'd think that by now that would have realized it and gone to measures to fix the problems and to be able ot deal with the ones YET to come ( and yes, there are FAR MORE).

Just another example of organization stupidity on the part of a group that sees itself above the law.

wobble

The WT does all it can to distance itself from individual congregations and individual Elders if they smell litigation coming. The problem for them ,if this is upheld on Appeal against the RCC, is that they are SO very similar to the RCC.

They appoint Elders,MS, Pioneers etc. they train them, and then send them out into the community with authority vested in them by the WT, which will even provide an I.D card stating this for them if they ask their COBOE.

It could be argued that the WT's responsibility extends to all baptised JW's as they have claimed that all are "Ordained Ministers".

I can think of a number of ways that they can try to wriggle out of this, I will not write them here in case I am giving the WT Legal Dept ideas, but wriggle they will try, if called to account.