Rochester Diocese to Settle Child Sex Abuse Lawsuit for $246 Million

This phase of the case began in September 2019, when the Diocese filed for bankruptcy protection in the United States Bankruptcy Court, Western District of New York. But the victims’ stories go back for decades.

New York Child Victims Act

On February 14, 2019, New York Governor Andrew Cuomo signed the Child Victims Act (CVA). Under the CVA, individuals who were sexually abused as children (under the age of 18) can file a civil lawsuit against their abuser or a liable third party, like a church or school, until they are 55 years old. This is true, even if the abuse happened decades ago.

However, under a special rule applicable from August 2019 to August 2020, a child sex abuse victim could file a civil case, regardless of how old the victim was at the time of filing, how long ago the abuse took place and even if the case was previously dismissed because the statute of limitations had expired at the time it was initially brought.

Carol DuPré, one of those who will be compensated under the expected settlement, filed her lawsuit against the Diocese in 2019, immediately after enactment of the CVA. She was over 70 at the time. She sued over sexual abuse committed by her parish priest when she was 15 or 16.

When, as a child, she finally was able to tell her mother about the abuse, she said, her mother contacted the church. “Nowhere in her mind was the idea that you should let the police know, because you have to keep this in, you have to keep this hidden.” Unlike Carol, many don’t want to retell their stories. Survivors may feel shame and confusion that they do not want to relive.

It has been a very long struggle for these folks.

A cold, hard stop – Was it another betrayal?

Rochester was the first Catholic diocese in New York to file for bankruptcy protection in 2019 as it faced dozens of lawsuits related to the alleged sexual abuse by clergy. But when a defendant files for bankruptcy protection, all civil litigation stops. It’s a cold, hard stop.

And so, time ticked on for six more years. Carol DuPré is now 78 years old.

No sex, please. Let’s just talk about money.

Another advantage to a bankruptcy filing is that it changes the conversation. It’s no longer about innocence, love, faith and betrayal. It’s just a nice clean business-like conversation about dollars. Nothing personal, here. It’s just business.

A trial could have done incalculable damage to the Roman Catholic Diocese of Rochester. It could have involved discovery, expert testimony and excruciating survivor stories about abuse, child rape, intimidation and the willful blindness of those ostensibly in supervisory roles. And so, it won’t happen.

The very business-like nature of the bankruptcy settlement is reflected in the composition of the settlement fund which will be used to compensate the survivors:

• Only $55 million comes from the Diocese, itself;
• $71 million comes from various other sources, including parish contributions and sales of Diocesan property; and
• $120 million will come from Continental Insurance, the last holdout.

Is it fair?

That, of course, is the lingering question. Simply in terms of settlement negotiations, the U.S. Department of Justice’s bankruptcy watchdog had objected, arguing that the settlement was not consensual because victims would be bound by its terms unless they filed paperwork to opt out of the deal. As a strategic matter, requiring victims to opt in might produce a smaller number of participants, but might also spawn prolonged litigation. In the only remaining objection, the Sisters of Saint Joseph of Rochester, argues that the bankruptcy settlement could impair its legal defenses against potential sex abuse lawsuits in the future.

The response of the abuse claimants has been mixed. They voted unanimously to approve the settlement, and Carol DuPré, herself, expressed satisfaction with the process.

However, she also, but also expressed frustration that she had been unable to speak directly to Bishop Salvatore R. Matano, who now represents the Diocese. “When you look somebody in the eyes … there’s something powerful in that kind of delivery,” DuPré said. “I wasn’t given that opportunity.”