Autumn McClain  |  April 11, 2020

Category: Legal News

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Diocese of Buffalo deals with misconduct allegations.

A top aid to the Diocese of Buffalo will not face criminal charges as a result of sexual misconduct allegations made against him, District Attorney John J. Flynn told The Buffalo News. Flynn told reporters that his investigators had determined based on an interview with the accuser that the allegation didn’t amount to a crime.

“There was no allegation of physical contact of any kind between the priest and the alleged victim. The complaint involves something that the priest stated to the individual while the priest was hearing a confession,” Flynn said. Flynn said that while the remark could be called “creepy”, it wasn’t criminal and could be interpreted “as an innocent remark”. The Diocese of Buffalo said it “welcomes” the DA’s judgment.

Diocese of Buffalo Places Priest on Leave

Rev. Peter J. Karalus, the accused, holds one of the highest positions in the Diocese of Buffalo. The temporary administrator of the Diocese for whom Karalus worked as an aid, Bishop Edward B. Scharfenberger, placed Karalus on administrative leave because of the allegation and the Diocese of Buffalo’s own investigation into the matter.

The Diocese has declined to comment on the substance of the allegation but stated that Karalus would remain on leave until the diocesan investigation is finished. In the meantime, Karalus cannot perform any religious services, is no longer allowed to perform the duties of the Diocese of Buffalo’s number two administrator, and will be replaced in his role as “moderator of the curia”, according to WKBW News, Buffalo.

Diocese of Buffalo deals with misconduct allegations.Diocese of Buffalo Chapter 11 Filing

The New York Times (NYT) reports that the Diocese of Buffalo has filed bankruptcy because of all of the sexual misconduct lawsuits they and their priests are facing. The Church released a statement regarding the filing saying it was done to enable “financial resolution for the most number of individuals who have filed claims under the Child Victims Act”. The decision was also made to enable the Diocese to continue to function in Western New York while the sexual abuse claims are being settled.

After the Child Victims Act was passed, there was speculation as to whether or not one or more of the eight New York diocese would declare bankruptcy, NYT reports. The Diocese of Rochester became the first in September, 2019. The Diocese of Buffalo was the second to do so, but more dioceses could soon follow suit.

“I certainly wouldn’t be surprised to see other dioceses in New York file,” Terence McKiernan, the president of BishopAccountability.org, told NYT. “That’s partly because of the enormous number of legal claims being brought under the Child Victims Act, but also because there is potential there to control various aspects of that process of accountability. This is a way of managing their exposure.”

The Diocese of Buffalo and the Child Victims Act

Hundreds of lawsuits flood the Diocese of Buffalo after New York passed the Child Victims Act on Jan. 31, according to NYT. The CVA gives victims of sexual abuse in New York more time to press charges and file civil actions by extending the statute of limitations. The New York City Bar reports that, previously, victims of childhood sexual abuse had one to five years to bring a civil suit against their abuser after the victim turned 18. The CVA extends that timeline until the victim is 55.

The other key provision of the CVA is a “look back” window for survivors of sexual abuse. This provision gives survivors who were unable to file a claim previously a one year window during which they can file a civil case that had already expired. The Diocese of Buffalo cited this window as the reason they needed to file for bankruptcy.

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