The number of Catholic molestation cases facing the Roman Catholic Diocese of Rochester has reportedly forced the diocese to file for bankruptcy.

New York dioceses are facing more than 400 lawsuits since the state’s look-back window on old sexual abuse cases opened Aug. 14. The look-back window, provided by the passing of the Child Victims Act, will be open for one year, allowing old claims to be brought against perpetrators who thought they had gotten away with their misdeeds after decades of alleged coverups.

The Roman Catholic Diocese of Rochester is the first diocese in the state to file Chapter 11 bankruptcy. In a Frequently Asked Questions page devoted to the bankruptcy filing on its website, the diocese says, “Chapter 11 does not mean the entity is going out of business or is insolvent… The Diocese simply does not have enough resources to settle or litigate these claims.”

Several other dioceses in New York are waiting to see how many lawsuits are filed against them before deciding whether or not to litigate the lawsuits or to file for bankruptcy protection.

The Diocese of Rochester is the 20th Roman Catholic diocese to file bankruptcy in the U.S. over the course of 17 years of Catholic molestation cases coming to light.

Filing Chapter 11 means the plaintiffs in the sexual abuse cases will be placed in a category with other church creditors. The filing also might place limits on the access plaintiffs’ lawyers have to past records that could contain evidence that church officials knew of the abuse and covered it up rather than intervening to stop it.

The Senate sponsor of the Child Victims Act, Brad Hoylman, told NBC New York Affiliate Channel 4 that he was not happy about the bankruptcy proceedings, but did believe the churches would see their finances placed under a microscope, which would mean they would have to account for their riches.

Lookback Window for Catholic Molestation Cases

According to the Democrat and Chronical, the look-back window for child sexual abuse cases applies to civil claims, which allows victims to pursue financial compensation, but not to press criminal charges.

The Child Victims Act also allows victims of child sex abuse until they turn 28 years old to have the perpetrator brought up on felony charges. The law previously only gave the child until age 23 to do so.

After the look-back window closes on Aug. 14, 2020, the statute of limitations for civil filings will be open until the victim turns 55 years old.

New York has designated 45 judges to preside over Child Victims Act cases. A dozen of those are in New York City. The new law recommends a timeline for every case to try to ensure the courts don’t become backlogged. The recommendations are only guidelines, though.

For years, the Catholic Church lobbied against any type of Child Victims Act becoming law, but the church’s opposition waivered when the Act made it clear that any public institution, including other churches, schools and organizations such as the Boy Scouts of America, could face lawsuits as well.

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