SC Supreme Court weighs if Catholic diocese must pay damages in child sex abuse case

By Samantha Kamman, Christian Post Reporter Friday, December 13, 2024

A Catholic Mass servant holds a crucifix prior the start of the procession on Easter Sunday March 31, 2024, in Ralbitz, eastern Germany. Following an ancient religious ritual, Sorbs ride decorated horses while singing and announce Jesus Christ's resurrection. The Sorbs are a Slavic minority in eastern Germany near the German-Polish border. | JENS SCHLUETER/AFP via Getty Images

South Carolina's Supreme Court is considering whether the Catholic Diocese of Charleston is exempt from paying damages resulting from lawsuits after an anonymous man accused the diocese of covering up his sexual abuse at the hands of two teachers in the 1970s.

The case stems from a lawsuit filed in 2018 against the diocese and the local bishop by an unnamed man from Charleston.

According to the filing, the "John Doe" alleges that two teachers sexually assaulted him in 1970 while he was a student at what was then called Sacred Heart Catholic School.

In his lawsuit, the man asserted claims for relief based on the alleged sexual abuse at the school operated by the respondents named in the complaint.

The diocese has claimed charitable immunity, arguing that under this legal doctrine, it is exempt from having to pay damages based on the conduct of its staff members.

While a state appeals court initially upheld a lower court decision siding with the diocese, the South Carolina Supreme Court reviewed the case on Tuesday, WBTW-TV reports.

The state's highest court repealed the doctrine granting charitable organizations immunity from liability in its 1981 Fitzer v. Greater Greenville YMCA ruling; however, the allegations raised in John Doe's case predate that ruling.

During arguments on Tuesday, Richard Dukes, the attorney representing the Diocese of Charleston, asserted that the court should uphold charitable immunity in this case.

"In Caughman vs. Columbia YMCA, where the court was asked to consider the applicability of the workers comp statutes to charitable entities, and they acknowledged that it was well settled in this state that charities are entitled to full immunity from tort liability," he said.

An attorney for the plaintiff argued Tuesday that his client seeks compensation from the diocese because his alleged abusers are now deceased, according to The Post and Courier.

The plaintiff's attorneys claim that the diocese is guilty of negligence and other crimes. These alleged crimes include a breach of fiduciary duty, the intentional infliction of emotional distress, fraudulent concealment, civil conspiracy, negligent retention or supervision, breach of contract and breach of contract accompanied by a fraudulent act.

"The allegations here are that the diocese is liable for what the diocese has done," the plaintiff's attorney, John Richardson, said. "We don't need to breach the question of whether they could be liable for the potential for what somebody has done."

The Catholic Diocese of Charleston did not immediately respond to The Christian Post's request for comment.

The South Carolina-based diocese, among other dioceses, is grappling with the fallout from decades-old sexual abuse allegations.

Earlier this month, the Roman Catholic Diocese of Rockville Centre, New York, announced that it reached a $323 million settlement with survivors of sexual abuse. The settlement is the largest payment of its kind in all of New York's history.

"We are grateful to God that on December 4th, the court confirmed the Plan that resolves and ends the Bankruptcy Case for the Diocese of Rockville Centre, all our parishes, and related ministries," a spokesperson for the diocese wrote in a Dec. 4 statement.

"For the sake of abuse survivors and the [Catholic] Church's mission on Long Island, we pray that the Plan brings some measure of healing to survivors and allows the [Catholic] Church to carry on the saving mission of Jesus Christ," the statement reads. "Victim survivors of child abuse deserve our respect, our prayers, and our pastoral support. The Church is grateful for their courage and perseverance."

According to the spokesperson, "The diocese, parishes and other related entities contributed $234.8 million to cover the cost of the settlement. Insurance companies also helped cover the cost, providing just over $85 million. In addition, the Counsel for the Creditor's Committee contributed just over $3 million."

In the spring, the Roman Catholic Dioceses of Sacramento and Fresno in California separately announced that they are filing for bankruptcy as they face expenses connected to hundreds of abuse lawsuits.

Samantha Kamman is a reporter for The Christian Post. She can be reached at: samantha.kamman@christianpost.com. Follow her on Twitter: @Samantha_Kamman