The Catholic Diocese of Erie, Pa. is asking to be dismissed from a child sex abuse lawsuit, claiming it was not involved in the case. According to the Erie diocese, at the time the alleged child abuse occurred, the former bishop named in the suit was employed by the Diocese of Buffalo, not Erie.

The plaintiff, identified anonymously as PB-14 Doe, filed a Catholic sex abuse lawsuit against Bishop Donald W. Trautman, the Erie Diocese, the Diocese of Buffalo, and Infant of Prague Catholic Church and school in Cheektowaga, N.Y. The alleged victim claims that the Rev. Gerard A. Smyczynski, who died in 1999, abused him in the 1980s when Trautman was the auxiliary bishop of the Diocese of Buffalo, The Erie Times-News reports.

The plaintiff argues that Smyczynski abused him for about a year, starting when the plaintiff was 10 years old. He claims Trautman was aware of the abuse and instead of investigating or reporting it, he moved accused pedophile priests through different parishes. Trautman attempted to quash the allegations by offering what the plaintiff characterized as “hush money,” according to the Catholic News Agency. Because Smczynski was not removed from his post, the lawsuit states, he went on to abuse another child.

Before becoming a bishop in the Erie Diocese in 1990, Trautman served as vicar general in the Catholic Diocese of Buffalo and then an auxiliary bishop there, according to the Times-News. Trautman retired in 2012.

Because Trautman worked in the Diocese of Buffalo during the time of the alleged assault and cover-up, the Erie diocese claims that it should not be included in the litigation and has asked the court to dismiss the case. Additionally, the Erie Diocese is asking the judge to require the alleged victim to pay its legal fees. The plaintiff argues that the effort to cover up the abuse continued even after Trautman went to the Erie diocese.

Lookback Window

Trautman has denied the allegations and in March filed a motion to dismiss, which is still pending. He denies covering up any abuse and states that he did not know Rev. Smycynski. 

The plaintiff filed his claims under the New York Child Victims Act. The state law expanded the statute of limitations for civil sexual assault lawsuits and established a one-year look-back window during which victims can file a lawsuit that otherwise would be barred due to the statute of limitations. The law was passed following a flood of alleged victims who came forward in the Roman Catholic Church sexual abuse scandal and other large organizations that reportedly covered up systemic sexual abuse. 

Pennsylvania proposed a similar law change but it did not pass, however, the state did make moves to offer victims a similar look-back window. In November, Pennsylvania lawmakers passed an amendment to the state constitution providing victims a two-year lookback window.

However, because the amendment process can take years, explains the Times-News, this doesn’t do much for victims wishing to file claims now.

Reportedly, the Erie Diocese was not initially included in the plaintiff’s sexual assault lawsuit. It named only Trautman but later added the Diocese of Erie.

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