MINNESOTA
St. Louis County Attorney Mark S. Rubin
The sexual abuse of a child is a felony offense. Jurisdiction to prosecute the case after investigation by law enforcement lies with the County Attorney’s Office. To enable us to hold offenders accountable and to protect our children, response to a report of sexual abuse needs to be compassionate and according to the law.
All allegations involving the sexual abuse of children by a priest or anyone, should always be reported. Allegations of sexual misconduct occurring within three years of the disclosure are required to be reported to either law enforcement or social services under the Minnesota Reporting of Maltreatment of Minors Law. These agencies then cross-report with each other. All other incidents should be reported, as they involve the alleged violation of criminal statutes. The issue of whether the statute of limitations has expired should be left up to the investigating agency. This is what should be done whether or not the victim wishes to remain anonymous. If there is any doubt about whether reporting is mandatory, the appropriate action is to report the matter to the responsible law enforcement agency or social services.
Earlier this year after conducting an internal investigation with the assistance of a professional, independent investigator, the Diocese of Duluth disclosed it had received from an adult in 2012, a credible allegation of sexual abuse by Father Cornelius Kelleher which abuse had occurred many years ago. The reporting victim requested that her privacy be respected and as a result, the Diocese did not report the allegation to law enforcement or social services. However, the Diocese did take immediate appropriate action to remove Father Kelleher from where he was residing as requested by the victim and has, pursuant to Church law, prohibited him from further acting publicly as a priest.
These actions addressed the voiced concern of the victim, however, this matter should also have been promptly reported to law enforcement or social services.
I have met with Diocesan leadership for the purposes of addressing the issues involved in the Father Kelleher matter and to provide guidance to the Diocese to ensure it is responding according to the law and in the best interests of victims.
Regarding the matter involving specific allegations against Father Kelleher, at my suggestion and due to the expressed privacy concerns of the victim, the Diocese gave the victim my name and telephone number. Since then, she and I have spoken on a number of occasions by telephone. She is an adult and is adamant that her privacy be respected and preserved.
In my conversations with her, it became apparent the incident occurred approximately three years beyond the expiration of the statute of limitations that would otherwise have allowed my office to prosecute the case after an investigation by law enforcement. The statute of limitations is a law that limits the number of years that can pass from the date the alleged incident of abuse occurred and the date charges can be filed. She remained adamant that she did not want the matter investigated further or prosecuted, even if the statute of limitations had not run. Her reason for reporting the incident in 2012 was because Father Kelleher had moved into a residence very close to her home.
I have subsequently received telephone calls from two other women who also reported being victims of acts of sexual abuse by Father Kelleher. These incidents also occurred a few years beyond the expiration of the statute of limitations. These women wanted to remain anonymous and did not want to report it to law enforcement, but wanted the matter brought to my attention to support the credibility of the first victim’s allegations.
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