NEW MEXICO
Albuquerque Journal
By Olivier Uyttebrouck / Journal Staff Writer
Thursday, September 22nd, 2016
Lawyers representing alleged victims of clerical sexual abuse told a judge last week that the Archdiocese of Santa Fe is liable for the actions of its priests because it provides them with “extraordinary power” over parishioners, comparable to that of police and corrections officers.
The legal theory, called “aided-in-agency,” is becoming more common in civil cases and gives attorneys a potent new tool in clerical abuse cases, attorneys in the case said.
Second Judicial District Judge Denise Barela Shepherd agreed and ruled Sept. 14 that a San Miguel County man who alleges he was raped by a Las Vegas priest in the late 1970s can use the aided-in-agency theory in his lawsuit against the archdiocese.
The judge also urged the archdiocese to appeal her ruling to an appellate court. Barela Shepherd said in the hearing that the issue needs the clarity that an appellate court can provide.
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