The state supreme court agreed to consider the diocese’s appeal in June 2020.
Guerrero’s attorney said that his accuser was in her 40s and had not claimed abuse by Guerrero, according to United Press International.
In April 2019, after the lawsuit was filed, the Lubbock diocese issued a statement of clarification that Guerrero was not accused of abusing anyone under the age of 18; the diocese said that his alleged accuser was a vulnerable adult who “habitually lacks the use of reason,” and thus would be considered a minor under canon law.
According to canon 99 of the Code of Canon Law, “Whoever habitually lacks the use of reason is considered not responsible for oneself (non sui compos) and is equated with infants.”
Guerrero’s attorney disputed whether the woman was a “vulnerable adult” at the time of the abuse.
“The Diocese of Lubbock has concluded there is a credible allegation against Jesus Guerrero of sexual abuse of a person who habitually lacks the use of reason,” the diocese stated in April 2019.
The diocese explained that it considered an accusation “credible” when, “after review of reasonably available, relevant information in consultation with the Diocesan Review Board or other professionals, there is reason to believe is true.”
Guerrero’s attorney said that he did not dispute the Church’s authority to warn the faithful about abusers, but rather disputed the diocese’s claim that he was “credibly accused.”
“Churches have never enjoyed complete immunity,” Guerrero’s attorney Nick Olguin said, as reported by Courthouse News Service in January 2021 when the diocese asked the supreme court to toss out the case.
“Basically, what the diocese wants to do is play the game, make the rules and never be called on a foul,” he said.
Matt Hadro was the political editor at Catholic News Agency through October 2021. He previously worked as CNA senior D.C. correspondent and as a press secretary for U.S. Congressman Chris Smith.