The Diocese of Providence has made an attempt to dodge a sexual abuse lawsuit filed under Rhode Island’s new law giving victims of childhood sexual abuse more time to file claims. Now, the Rhode Island Attorney General has joined the alleged victims in fighting back against the dismissal attempt.

In Rhode Island, a new law was passed in August 2019 that extends the statute of limitations on childhood sexual abuse claims, giving victims more time to file claims. Whereas victims use to have to file a childhood sexual abuse claim by seven years after turning 18, now victims have 35 years after their 18th birthday in which to sue.

In fighting the sexual abuse lawsuit, the Diocese of Providence claimed that an element of the law was unconstitutional. The new law not only applies to new cases, but applies retroactively, allowing those victims who were previously barred by the statute of limitations another chance to sue.

To support their claim that the new law is unconditional, the Diocese of Providence pointed to Kelly v. Marcantonio, a 1996 Supreme Court case conquering alleged priest abuse. The Providence Journal explains that the diocese claimed that in Kelly v. Marcantonio the court determined that a new law could not extend the statute of limitations for claims in which the statue had already expired.

However, the Attorney General’s office responded by poking holes in this argument referencing the 1996 case. According to the Attorney General, in 1996, the deadline to file claims only applied to cases going forward and did not apply retroactively.

With the new law change implemented in 2019, lawmakers intentionally made sure that the law applied retroactively, says the Attorney General’s office. 

In arguing that the sexual assault lawsuit should be dismissed, the Diocese of Providence did not stop just at saying that the old statute of limitations should still apply. The diocese also took issue with being included in the victims’ claims at all. 

The 2019 law states that the extended statute of limitations allows victims to specifically sue their perpetrators. This allegedly does not include claims for negligent supervision, states the Providence Journal. The diocese pointed to this limitation to say that the victims should not be allowed to bring claims forward that attempt to hold the diocese as a whole, not just specific alleged perpetrators accountable.

However, the Providence Journal then explains that the victims argue that the diocese should be held accountable as a perpetrator. According to the victims, the diocese did indeed commit a crime. Allegedly, the diocese and leadership actively attempted to cover up the abuse that occurred. According to the victims, this cover-up effort constituted aiding and abetting priests who committed sexual abuse.

The victims then also spoke to what they say was a larger pattern of abuse within the diocese. They say that their abuse was not the only abuse of its kind. Allegedly, the leaders of the diocese were so invested in covering up others’ abuse in an effort to avoid scrutiny for their own instances of abuse or impropriety. 

Responding to the Diocese of Providence’s attempt at dismissal, the Attorney General’s office explains that the diocese’s disparagement of victims’ attempt to make use of the statute of limitations extension is s marked contrast from the diocese’s previous expression of support for the new law. 

Last year, the Diocese of Providence took the step to publish a list of 50 clergy members who had faced accusations of sexual assault against minors. CNN explains that the Bishop of Providence Thomas Tobin referred to the list a an “expression of transparency,” and stated that it was an attempt to show that the diocese had nothing to hide.

This article is not legal advice. It is presented
for informational purposes only.