These lawsuits join many others alleging the diocese failed to properly address claims of child abuse, allowing members of the clergy to continue to interact with and victimize children for decades.
The Albany Times Union reports that according to one of the most recently filed lawsuits, the diocese took years to put a priest accused of abuse on a list of offenders, allowing many more children to come into contact with the offender. The priest, Daniel J. Maher, was accused of abuse by numerous people between 2003 and 2007. However, it wasn’t until 2019 that Maher was added to the diocese’s online list of offenders and put on leave.
Roman Catholic Sexual Abuse Allegations
The Diocese of Albany was reportedly hit with three lawsuits alleging abuse. These lawsuits join more than 100 other complaints filed against the diocese, according to the Times Union.
One lawsuit claims that former priest Maher and another, now deceased, abused the plaintiff when he served as an altar boy in the 1960s. The plaintiff reportedly says that the pair touched him inappropriately and forced him to have oral sex. The plaintiff alleges that the abuse occurred over two years, when he was 11 through 13-years-old. The priests reportedly told him to keep the abuse a secret “between us and God.”
The second lawsuit claims that another priest in the Albany Diocese abused a child in the 1980s.
The third sexual abuse lawsuit recently filed against the diocese reportedly details the abuse of the child of a former Albany priest in the 1960s and 70s. The Times Union reports that the lawsuit was filed by the child of Victor DeSantis. He reportedly came forward years ago with the allegations of abuse against four priests, but the Church ultimately cleared the men.
“The priesthood is a pretty close club, you know?” the plaintiff’s father and former priest told Times Union reporters. “The priesthood is certainly much, much more closely a fraternity and they going to protect one another, that kind of thing, you know? It’s really a close club. Things have changed, I think, since my time — but not totally.”
Survivors Have Additional Time to File Lawsuit
The lawsuits against the Diocese of Albany come in light of the state’s New York Child Victims Act. Enacted last year, the Child Victims Act gives additional time to survivors to make claims of sexual abuse they were subjected to as children. Under a temporary look back window, survivors have until Aug. 14, 2021 to file a claim.
New York Governor Andrew M. Cuomo recently extended the statute of limitations on allegations of child sexual abuse under the Act. Citing the COVID-19 health emergency, the governor noted that extending the act would help more survivors come forward as state offices and services recovered.
“As New York continues to reopen and recover from a public health crisis, extending the look back window is the right thing to do and will help ensure that abusers and those who enabled them are held accountable,” stated the governor.
In addition to extending the time survivors have to file claims, the Child Victims Act allows claims to be made against public and private institutions over allegations that they did not do enough to prevent or address reports of sexual abuse. In addition, the Act eliminated the need for a notice of claim to be filed for sexual offenses committed against a minor. Judicial training regarding child sex abuse crimes is also required under the legislation.
Lawsuits Join Others Filed Against Albany Diocese
In June of 2020, two law firms reportedly announced 52 lawsuits alleging the sexual abuse of children at the hands of Albany clergy members. According to The Daily Gazette, the alleged abuse spanned decades, with instances occurring up to 63 years ago.
Lawyers representing the plaintiffs told Daily Gazette reporters that the extended time to file child sex abuse lawsuits and look back window under the New York Child Victims Act gives survivors the chance to hold perpetrators and the organizations that allowed the abuse to occur accountable.
“We believe very strongly that there has been an insidious and longstanding cover up of sexual abuse in the Albany Diocese,” one of the attorneys representing the plaintiffs told reporters. The attorney also noted that while proof in these cases often rests on the testimony of survivors who experienced abuse decades ago, that testimony may be enough.
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