Loading
High court applies statute of limitations in California abuse suit
Chief Justice Tani Cantil-Sakauye
Chief Justice Tani Cantil-Sakauye

.- Oakland's Catholic diocese cannot be sued over alleged abuse cases falling outside the legal time limit and a subsequent one-year extension, the California Supreme Court ruled on March 29.

“We believe the court made the right decision today and are gratified at the justices’ conclusion that the legislature meant what it said when lawmakers enacted a one-year exemption to the statute of limitations,” said Bishop Gerald E. Wilkerson, president of the California Catholic Conference of Bishops.

“Nothing in the court’s ruling, however, changes the fact that the protection of young people has been, and remains, our top priority,” said Bishop Wilkerson, who promised that California dioceses “will continue to take whatever steps are necessary to keep children safe.”

Thursday's ruling confirmed that six brothers of the Quarry family could not sue the Oakland diocese over the psychological effects of sexual abuse they say occurred in the early 1970s. The accused priest, Father Donald Broderson, was forced to leave the priesthood in the 1990s, and died in 2010.

During 2003, California legislators opened a one-year “window” allowing alleged victims of sexual abuse to sue for damages in cases that would otherwise have been regarded as too old to pursue in court.

The Quarry brothers brought their suit in 2007. It was only during that year, they said, that they realized the extent of the psychological damage caused by the alleged abuse.

On Thursday, however, the state's high court ruled 5-2 that the statute of limitations could not be suspended again on this basis.

“We are unreservedly sympathetic to the plight of persons who were subjected to childhood sexual abuse,” wrote Chief Justice Tani Cantil-Sakauye in her opinion.

But she held that the existing time frame for lawsuits, along with the temporary 2003 extension, gave victims “considerable time following the abuse in which to come to maturity, or even middle age, and discover the claim.”

Statutes of limitations serve to protect defendants' rights in “stale” cases – where a lack of remaining evidence, and problems with witnesses' recollection of details, make it difficult to establish facts and mount a defense.

Chief Justice Cantil-Sakauye noted that the legislature's one-year window for old claims was an attempt at “striking a balance between the strong interest of victims,” and the “burden on third party defendants … of being required to defend stale claims.”


Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)

Featured Videos

Pope Francis celebrates the closing Mass and announces site of next World Youth Day
Pope Francis celebrates the closing Mass and announces site of next World Youth Day
Pope Francis visits poor neighborhood and meets with young people from Argentina
Pope Francis celebrates Mass at the National Shrine of Our Lady of Aparecida
Denver rally draws hundreds in support of religious freedom
Pope Francis prays over a sick man in St Peter's Square
Denver women's clinic will offer natural, Catholic care
Interview Clips: Barbara Nicolosi speaks to CNA
US Cardinals press conference at North American College
Pope Benedict to retire to monastery inside Vatican City
Pope cites waning strength as reason for resignation
Hundreds convene in Denver to urge respect for life
New Orange bishop encourages Catholic unity in diversity
Chinese pro-life activist calls for reform, international attention
At Lincoln installation, Bishop Conley says holiness is success
Mother Cabrini shrine reopens in Chicago after a decade
Ordination of 33 deacons fills St. Peter's with joy
Cardinal says "Charity is the mother of all the virtues"
Augustine Institute expands evangelization effort with new campus
Bishops recall 'Way of St. James' as chance to trust in God
Los Angeles cathedral's newest chapel houses Guadalupe relic
Apr
24

Liturgical Calendar

April 24, 2014

Thursday within the Octave of Easter

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Lk 24:35-48

Gospel
Date
04/24/14
04/23/14
04/22/14

Daily Readings


First Reading:: Acts 3:11-26
Gospel:: Lk 24:35-48

Saint of the Day

Easter Sunday »

Saint
Date
04/24/14
04/22/14

Homily of the Day

Lk 24:35-48

Homily
Date
04/24/14
04/23/14
04/22/14

Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
     HTML
Text only
Headlines
  

Follow us: