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	Some Answers in Sex-Abuse Scandal By Sandi Dolbee and Mark Sauer Union-Tribune July 22, 2007 http://www.signonsandiego.com/news/metro/20070722-9999-1m22diocese.html It began as a national scandal in 2002, a wildfire sweeping across the nation fueled by terrible secrets that had gone untended for decades. Thousands of lawsuits were filed against dioceses around the country by people who say they were abused by Roman Catholic priests when they were minors. Included in this tally were about 150 cases involving San Diego priests and other church personnel dating to the 1930s. On Feb. 27, the day before the first of those lawsuits was set to go to trial, San Diego became the fifth – and largest – diocese to file for Chapter 11 bankruptcy protection. "Early trial judgments in favor of some victims could so deplete diocesan and insurance resources that there would be nothing left for other victims," Bishop Robert Brom wrote in a letter to parishioners. Under the umbrella of the federal bankruptcy court, the diocese said it hoped to work out a plan that would fairly compensate victims without crippling the church's ministries. Plaintiffs' attorneys contend that the diocese filed for bankruptcy to avoid going to trial, where the graphic details of the cases and how the church handled them would be played out in open court. "(The bankruptcy) is nothing more than a cynical attempt to stop the truth from coming out," Orange County lawyer John Manly said. These first months in federal bankruptcy court have seen a blizzard of motions, with a storm of points and counterpoints. Here are some frequently asked questions and responses, based on interviews and other reporting. Why has it taken so long for people to come forward with these claims? Shame. Guilt. Fear of not being believed. Experts say there are many factors that make minors reluctant to immediately report abuse. "Victims of sexual abuse, both in the church and in all of society, do not come forward until many years after they have been abused. Professionals tell us this is a common trait," said Rodrigo Valdivia, the diocese's chancellor. The average age of all sexual-abuse victims in the country is 12, while the average age of disclosure is 42, said A.W. Richard Sipe, a La Jolla psychotherapist and former priest who serves as a consultant on behalf of plaintiffs. Many never come forward, Sipe added. Why did they speak up now? Partly, it's the domino effect. Bolstered by the Boston Globe series that began in January 2002, which revealed a history of child sexual abuse by priests and cover-ups by church officials there, men and women across the country began to come forward with similar allegations. At a national meeting that year, U.S. bishops issued a sweeping apology, adopted a zero-tolerance policy and began instituting other steps to try to ensure that history didn't repeat itself. Most of the allegations occurred many years ago. Isn't there a deadline for filing lawsuits? Usually, people can sue for childhood sexual abuse up until their 26th birthday or three years after they realized the emotional impact of the alleged molestation. But in 2002, as the church scandal exploded, the California Legislature temporarily suspended the statute of limitations for civil cases. In 2003, during this one-year window, more than 850 lawsuits were filed against dioceses in the state, according to a tally by The Associated Press. How many priests are implicated here? The diocese has released the names of 38 priests with "credible allegations" of sexually abusing minors over seven decades. Most are dead or out of the ministry, although one was listed as still serving as a priest in the Tijuana archdiocese. Plaintiffs' attorneys say their list has 31 additional names. Why aren't the men who are still alive being prosecuted on criminal charges? Some clergy, including former priest Anthony Rodrigue, who admitted to abusing children in the San Diego and San Bernardino dioceses, were convicted and served prison time. But in 2003, the U.S. Supreme Court struck down a 1994 California law that allowed for criminal prosecution of sexual-abuse cases that occurred years ago. Convictions were overturned and prosecutors dropped proceedings, including those involving some priests. How much have the clergy sex-abuse cases cost the U.S. Catholic Church so far? Counting the record $660 million settlement last week in the Archdiocese of Los Angeles, the national cost is more than $2 billion, according to The Associated Press. As for the Diocese of San Diego, bills for the bankruptcy proceeding alone topped $2 million for the first three months. The diocese's attorney said he expects the price to be twice that by August. What has the San Diego diocese offered to victims? In a reorganization plan filed with the bankruptcy court in March, the diocese offered $95 million, an average of $633,000 based on 150 cases. How does this offer compare to those in other dioceses? The Los Angeles settlement is by far the largest, averaging $1.3 million per case. Orange County's settlement averaged about $1.1 million per case. The San Diego diocese says it cannot afford those amounts. In an explanation to parishioners, Auxiliary Bishop Salvatore Cordileone said San Diego's offer was "relatively high" compared to others outside California, citing averages of $280,000 per claim in Covington, Ky., and about $318,000 in Portland, Ore. Plaintiffs' attorneys disagree, arguing that the diocese has sufficient assets. The two sides in San Diego appear to be about $100 million apart. Lawyers representing sexual-abuse victims collect about 40 percent of settlement money. Isn't this excessive? Civil lawyers take such cases on contingency, meaning they are not paid hourly or by a set fee. If they lose at trial, or fail to secure a settlement, they get nothing. That risk is why contingency fees are so high, lawyers say. Law firms may invest millions of dollars in staff salaries, investigations, research and court appearances over several years with no guarantee of collecting anything. Why do victims want financial settlements, as opposed to nonmonetary concessions? Many settlements do include other concessions, such as releasing of secret personnel files and details involving the church's handling of cases. As for the money, victims say it is a way to force the church to seriously confront its wrongdoing. They also say the emotional damage caused by their abuse has left them largely dysfunctional. "No amount of money will ever make this go away," said Guy Lowry of Temecula, who alleges that he was abused by a lay employee at a Catholic school in San Diego. "There are things we encounter in daily life that don't allow us to function normally. The money will ease our financial burden, pay for needed therapy and act as an equalizer so we might live normally." Can additional claims be filed as part of this bankruptcy process? Yes. The official creditors committee, which represents plaintiffs who filed lawsuits, has set up a Web site, www.sandiegocommittee.com, which will include information about how to file a claim. The bankruptcy court judge has agreed to set a cutoff date, which likely will be around Feb. 1. What's next? The next several weeks could be telling. Secret mediation talks continue with a federal magistrate, and the bankruptcy judge has scheduled an Aug. 23 hearing to consider releasing some lawsuits back to state court for trials. The court-appointed financial expert's report on the diocese's finances also is being finalized. It took the Tucson diocese just under a year to settle its bankruptcy case, while Portland and Spokane took more than two years of legal wrangling. The Diocese of Davenport, Iowa, filed its bankruptcy petition in October, and the case is continuing. Sandi Dolbee: (619) 293-2082; sandi.dolbee@uniontrib.com Mark Sauer: (619) 293-2227; mark.sauer@uniontrib.com
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