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Fact or Fiction? Older Abuse Allegations Can’t Be Proven

Home  >  Sexual Abuse Law Blog  >  Fact or Fiction? Older Abuse Allegations Can’t Be Proven

September 9, 2024 | By Horowitz Law
Fact or Fiction? Older Abuse Allegations Can’t Be Proven

There's a prevalent misconception about abuse allegations that date back decades. Most people think that older accusations can't ever really be proven one way or another. This is an 'easy out' for many - a way to throw up one's hands, walk away, and feel OK doing so. But as we suggested when we used the word 'misconception,' we at Horowitz Law believe strongly that this notion - 'No one will ever know the truth about these old allegations' - is often simply not true.

Fact or Fiction Older Abuse Allegations Can’t Be Proven

Here's a recent example from the 'comments' section of a major daily newspaper that reported about a recent abuse and cover-up lawsuit: "We face a conundrum here . . . there is no way to prove these allegations. We have nothing like DNA or a rape kit to provide the 'smoking gun.' It's a shame that it can neither be proven or disproven." Time and time again, we've heard and seen this sentiment expressed by Catholics and non-Catholics alike. To think this is to reveal a very poor imagination. Consider these possibilities.

1) An accused priest, monk, nun, bishop, brother, or seminarian could, if asked by a church or law enforcement official, admit the abuse. This is no theoretical possibility. It happens more often than one might think. Maybe the predator is plagued by a guilty conscience. Or he assumes that his bishop already knows or believes he is guilty, so he thinks, 'If I admit my wrongdoing, maybe the bishop will be more lenient or understanding with me.'

2) Someone-a victim, witness, whistleblower, or church employee (either current or former)-could have written or recorded evidence of a cleric's crimes. 

3) Others in the church - again, whether employees or volunteers, still on the payroll or retired or moved on - might have FOUND evidence of child sexual abuse by a priest or nun. (A pair of soiled children's underwear, for example, or sexual photos of a child

4) Ten or twenty other victims could corroborate these allegations by reporting similar-and sometimes nearly identical-experiences. Most notably, this happened in the 1980s with Fr. Gilbert Gauthe in Louisiana, in the 1990s with Fr. James Porter of Minnesota, in the 2000s with Fr. John Geoghan of Massachusetts, and countless times since.

5) Church records can sometimes corroborate a victim's abuse report, and many are shocked when they learn just how thorough record-keepers Catholic officials often are. Remember, it was the church's internal documents that broke open the abuse and cover-up scandal in Boston, portrayed so well in the award-winning film Spotlight.

6) Surprisingly, often, child molesting clerics act in concert with one another, and when caught, one predator priest sometimes tells the truth and implicates an abusive colleague.

One of the most egregious cases of priests colluding in the abuse of kids emerged from a Pennsylvania grand jury investigation. It uncovered a 'ring of predatory priests' within the Diocese of Pittsburgh who 'shared intelligence regarding victims, exchanged the victims amongst themselves, and manufactured child pornography. The group included George Zirwas, Francis Pucci, Robert Wolk, and Richard Zula, and they used whips, violence, and sadism in raping their victims."

Another egregious case of priests molesting together involved Fr. James Janssen of Iowa, who reportedly "coordinated abuse by Frs. Francis Bass, Anthony Geers, and James W. Murphy. Another involved Kansas City clerics Thomas R. Reardon and Thomas J. O'Brien.

7) Others in the church might have come forward to back up a victim's report of child sexual abuse by a priest or nun. Some conscientious priests have actually reported an abusive clerical colleague to law enforcement. Sadly, these 'good priests' are often later retaliated against by their church supervisors.

Here's just one real-life example:

In 2003, a criminal trial against Fr. Bryan Kuchar for abuse ended in a hung jury in Missouri. The prosecutor bravely opted to try the case again, and before the second trial began, three individuals agreed to testify on behalf of the victim - a layperson, a nun, and a priest, all of whom worked for the St. Louis archdiocese. Fr. Kuchar was found guilty in the second trial.

Still, no one denies that investigating, prosecuting, and suing predator priests is more difficult than pursuing other, simpler crimes. It's true that usually, when child sex crimes happen, only two people are in the room. But others are still out there who can help. Some have information or suspicions, others have seen suspicious behavior or troubling rumors. And they're sometimes just waiting to be asked or nudged or guilt-tripped into finally breaking their silence - and can shed sorely needed light on old abuse reports and either exonerate those wrongly accused OR, more likely, corroborate or prove those 'rightly' accused abusers.

Horowitz Law is a law firm representing victims and survivors of sexual abuse by religious authority figures and other clergy.  If you need a lawyer because a member of a religious organization sexually abused you, contact us today at 888-283-9922 or [email protected] to discuss your options today. Our lawyers have decades of experience representing survivors of clergy sexual abuse nationwide. We can help.

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