By Kelli Jones
After its success at the Oscars, Spotlight has once again drawn attention to the systematic cover up of child abuse within the Catholic Church, particularly highlighting the courage and persistence of journalists at the Boston Globe. However, less than a week after the awards ceremony, a new legal decision regarding child sex abuse in Philadelphia has failed to file criminal charges for the covering of abuse of hundreds of child victims. The two Bishops on trial for purposely concealing evidence of abuse face no criminal consequences as either the statute of limitations has expired, or the accused abusers are deceased. While members of the Spotlight team should be highly commended in their actions, which drew attention to the shocking systematic procedures of the Catholic Church, the case in Philadelphia once again highlights that legal reform is ultimately needed.
The now public Grand Jury report states that two Bishops in Philadelphia covered up the sexual abuse of hundreds of children, by over fifty members of the church, across four decades. The FBI’s Behavioral Analysis Unit assessed the actions of the Bishops at the Diocese of Altoona-Johnstown, and their “conclusions were blunt but exact. James Hogan and Joseph Adamec enabled the priests of the Diocese to sexually abuse children.” In a process that resembles the account of the Boston diocese shown in Spotlight, Priests who were reported to the church for sexual abuses including rape were often removed for ‘treatment’ and subsequently relocated to a different parish. Instead of reporting the accusations to legal authorities, the Bishops kept the information within the church, using its own system to reportedly attempt rehabilitation and reintegration into service. The report even found that Bishops asked the accused Priests if they felt they needed this help, effectively allowing them to judge their own case. The public image of the Catholic Church was the main priority for the Bishops, rather than the protection of children within its care.
A more shocking revelation of the report is that at times when members of the community came forward to the police, they took no action further than a referral of the matter back to the church to deal with internally. One church official told the jury that church officials held such power within the community that “the police and civil authorities would often defer to the diocese.” This is a process unheard of in any other area of the justice system, and one that undoubtedly neglects to achieve justice or ensure protection for the child victims involved. The report found that the “men took actions that further endangered children as they placed their desire to avoid public scandal over the wellbeing of innocent children. Priests were returned to ministry with full knowledge they were child predators.” Common Pleas Judge Patrick Kiniry, for example, had a meeting with Bishop Hogan after allegations were made against a priest in his jurisdiction. When asked about Hogan’s decision to move the Priest to another location, Judge Kiniry replied “You have to understand, this is an extremely Catholic county…Back then the Diocese moved the problem, that’s just how it was.” Yet the evidence presented, and the lack of conviction for a Bishop who orchestrated the cover up, suggests that this is how it remains.
The main obstacle to securing a prosecution is the statute of limitations, which ensures that prosecutors can only charge a criminal within a given time frame after the crime. In general, this aims to ensure that evidence does not devalue over time and to motivate victims to come forward earlier to prevent further abuse. Former federal prosecutor Richard E Myers also argues “If you allow a case to get really old, it skews heavily in the prosecution’s favor...The defense is more likely to lose witnesses than the prosecution." Yet within the Philadelphia case alone, evidence and testimonies regarding hundreds of individual victims were presented, a quantity difficult to dispute. The idea that justice can be achieved decades later for a criminal charge such as murder is also widely accepted, as no state places a statute of limitations on such a prosecution.
In the case of child victims therefore, the statutory period appears arbitrary and neglectful. As children, many of the victims understandably don't feel able to come forward and can be too young to identify that a crime or fault is present. The Grand Jury report states “the victims of sexual abuse often engage in delayed reporting if they report at all. The reasons for delayed reporting are numerous and understandable…Victims find themselves alive and walking but feeling dead or dying.” In the Philadelphia case, the victims were required to come forward up to twelve years after coming of age however the report “detailed an account of a 70-year old victim who came forward to report the devastating trauma of their youth.” The difficulty victims face in speaking out, especially involving an institution such as the Catholic Church, which has a strong voice within the community, cannot be underestimated. Removing, or considerably extending, the statute of limitations is an essential step to ensure that those who do find the courage to speak out receive full justice, and prevent future child abuse.
Ultimately, the statute of limitations must be reconsidered, not merely in Philadelphia but nationwide, as it places an arbitrary time frame on the suffering that victims face. This requires legislative and legal action, which will undoubtedly take time that unfortunately not all victims have. A Bill recently passed in Oregon for example, eliminates the statute of limitations for sexual assault crimes. It is expected to be signed into law by Governor Brown shortly, and would set a hugely significant precedent. Some have also suggested a temporary lifting, particularly in light of cases regarding the Catholic Church, in order for prosecutions to occur that can break the cycle of the systematic concealment of abuse. Philadelphia Attorney General Kathleen Kane commented, “Victims need to be heard. Abolishing this statute would allow these predators to be held accountable until the last day of their lives, because these victims live with it until the last day of their lives.” In the more immediate future, the report emphasizes the need for members of the church and law enforcement to pursue, and investigate all accusations accordingly. The Grand Jury acknowledged that the “report details incidents of law enforcement officials falling short of their oaths,” and urged officials to continue the investigative work that was able to bring the Bishops to trial, even if no prosecution was possible. The continuing action of law enforcement and the actions of legislators is vital to protect the most vulnerable in society who have, for too long, been grossly violated and unprotected by the laws that should serve them. Until these changes occur, the justice system is tragically failing precisely those who need it most.
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