KJ McElrath  |  September 13, 2019

Category: Legal News

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Beds at an orphanageA survivor of Catholic sex abuse has reportedly filed lawsuits against two Church-run homes for orphaned and troubled children in upstate New York, alleging repeated molestation and other forms of physical abuse from staff members.

The plaintiff, who has chosen to remain anonymous, says he was orphaned at age 5 and was eventually placed at a facility in Rochester in 1973. According to the victim’s complaint, he was fondled and eventually sodomized by the home’s chaplain, Father Austin Hannah, in the latter’s apartment adjoining St. Joseph’s Villa (currently known as the “Villa of Hope”).

Punishing the Victim

According to the Democrat & Chronicle, the plaintiff alleges that the chaplain’s repeated sexual abuse caused serious injuries to the victim, resulting in rectal bleeding. He says the abuse did not stop there; when a nun, identified only as “Sister Betty,” discovered the victim’s blood-stained underwear, she allegedly beat him – but did not bother to find out why the injury had occurred.

The plaintiff further claims that on another occasion, “Sister Betty” struck him in the genitals, demanding that he confess his “sins” to Father Hannah – who forced the victim to perform fellatio.

No Escape

Upon reaching the age of 16, the victim says he began petitioning the court for emancipation. Instead, he was sent to a group home operated under the auspices of DePaul Mental Health services, where he says the recreation director, Dan Charcholla, repeatedly subjected him to a range of severe sexual and physical assault until he was 18. On two occasions, he says the assaults resulted in injuries requiring hospitalization.

According to the separate lawsuit, DePaul officials never conducted an investigation, nor was the plaintiff permitted to file a formal complaint.

The Defense Responds to Catholic Sex Abuse Allegations

Neither Charcholla nor Hannah have ever been publicly accused of such crimes before, nor have they responded to the allegations to date, according to the Democrat & Chronicle. However, the plaintiff’s attorney reminds people that the accused are still entitled to a presumption of innocence, as the U.S. system of jurisprudence requires.

In reference to the allegations against Charcholla, the plaintiff’s counsel told the Democrat & Chronicle, “Just because he’s accused does not mean these acts have occurred.” However, he also says that the allegations have been “vetted thoroughly,” and there has been communication with another former DePaul resident who has made a similar accusation against the defendant.

The DePaul organization, which is also a named defendant along with the Diocese of Rochester, reportedly has not commented on the lawsuit. They have however stated that they have no records of complaints being filed at the time the alleged activities took place.

Assistance for Catholic Sex Abuse Victims

The New York Child Victims Act, passed in January of 2019, has extended the statute of limitations for filing a civil lawsuit against the Catholic Church and those who abused victims in an institutional setting. Prior to passage of the law, a victim of Catholic sex abuse would have had to take action prior to their 23rd birthday.

According to the New York Times, the Child Victims Act has now given all victims until next August to file lawsuits against abusers, regardless of how long the alleged assault took place.

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This article is not legal advice. It is presented
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