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	Brothers Alleged Priest a Predator Sexual-Abuse Lawsuit Fails High Court Says Men Waited Too Long to File Action; Case Is Ended By Pamela Manson Salt Lake Tribune [Utah] March 14, 2007 http://www.sltrib.com/news/ci_5431023 The Utah Supreme Court on Tuesday upheld the dismissal of a lawsuit by two brothers who claim they were sexually abused by a priest, ruling they had waited too long to investigate whether Catholic Church leaders had prior knowledge that their abuser was a pedophile. Ralph and Charles Colosimo claim that officials with the Catholic Diocese of Salt Lake City and Judge Memorial Catholic High School knew of the Rev. James F. Rapp's sexual predation but failed to properly supervise him or stop him from molesting them. The Colosimos, who filed their suit in 2003, say they were molested in the 1970s by Rapp, then a teacher at Judge Memorial. In a unanimous decision, the justices said they recognized the "troubling nature of child sexual abuse," but precedent and policy considerations stopped them from extending the time to file suit for plaintiffs who fail to investigate potential claims arising from the molestation. "Moreover, it would be particularly unwise for us to abolish the limitations period in this case where the claims at issue are against institutional defendants that were not the actual perpetrators of the abuse," Justice Jill Parrish wrote for the court. Larry Keller, the lawyer for the Colosimos, said the ruling is allowing the church and school defendants, who do not deny the brothers were injured, to hide behind a technicality on the statute of limitations. He said the high court's decision ends the case. The brothers do not regret bringing the suit, Keller added. "They wanted to come forward and bring this all out," he said. "They feel good about the fact that they did the right thing. They're willing to take the positive aspects of what happened and go forward with their lives." Their suit was believed to be the first in Utah since the national sexual abuse scandal engulfed the U.S. Catholic Church in 2002. Rapp pleaded no contest in 1999 to charges in the sexual abuse of an Oklahoma boy and is serving a 40-year prison term. The defrocked priest did not respond to the suit and a default judgment was entered against him. David Clohessy, a St. Louis man who is national director of SNAP (Survivors Network of those Abused by Priests), accused the church of exploiting legal loopholes to dodge responsibility for sexual abusers. "We applaud the bravery of these brothers and are saddened the courthouse doors have been slammed in their faces," Clohessy said in a written statement. But Matthew F. McNulty III, the lawyer for the diocese, noted that the case is based on alleged incidents that took place more than 30 years ago. He said the ruling was not based on a technicality but on a substantive issue of how long a plaintiff can wait to bring a suit. "This was a legal right granted by the Legislature, steeped in case law," McNulty said. And the diocese said Tuesday in a written statement that it has "strictly observed" the mandatory reporting of sex abuse allegations and noted that it has implemented a Safe Environment Program to protect children. "The abuse of children is a terrible occurrence," the statement said. "The pastoral care for victims of abuse is important for their healing. The Catholic Diocese has offered such care for both Charles and Ralph Colosimo. They and their families have been and continue to be in our prayers." The Colosimos' suit was thrown out twice, by the 3rd District Court and the Utah Court of Appeals, on the grounds that the brothers had waited too long to pursue legal action. Under Utah law, they had until age 22, four years after they became adults, to file the suit. Ralph is now 53 and Charles is 45. Keller had argued that the nature of child sex abuse and newly discovered information should exempt the case from the statute of limitations. The brothers have said they first became aware of Rapp's history of molestation after seeing a May 2002 article about him in The Washington Post. The story included information about documents dating back to 1969, including correspondence from staff members at Judge Memorial, that outline Rapp's long history of sexual abuse. The lawsuit sought millions of dollars in damages. Named as defendants were the Catholic Diocese of Salt Lake City, which encompasses all of Utah; Judge Memorial's board of financial trustees; Rapp; three priests who were administrators at the high school at the time; and the Ohio-based Oblates of St. Francis de Sales, which trained and ordained Rapp. Ralph Colosimo alleged Rapp molested him when he was a student at Judge Memorial in the early 1970s. Charles Colosimo said the priest became a family friend when he was attending Kearns-St. Ann School and sexually abused him from 1972 through 1975. E-mail: pmanson@sltrib.com
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