Catholic Church The Catholic Church in Hawaii, named in a lawsuit over a former parish worker's admitted sexual abuse of an altar boy, has filed a counter motion seeking to have the boy's mother reimburse the church for financial costs arising from the case.
counters isle
sex abuse suit
The diocese wants the victim's
family to reimburse its legal feesBy Mary Adamski
madamski@starbulletin.comThe woman's attorney said yesterday that his client is outraged that church officials "are seeking to blame the victims of this molestation for what occurred rather than accepting responsibility."
The Catholic diocese responded with a statement that "The abuse was not caused by the diocese, nor was the diocese in any way party to it."
The case involves a layman's admitted sexual molestation of the boy, who was 10 at the time the offenses began in 1994.
Manuel Feliciano, a former sacristan at Sts. Peter and Paul Church, pleaded guilty to six counts of sexual assault. He was 73 in November 2000 when he was sentenced to one year in prison and five years' probation.
Kimberly Jenkins filed a criminal complaint in 1998 about incidents which occurred between 1993 and 1995 while she was a member of the parish. Her suit also claims Feliciano had sexual contact with her younger child, then 7, but no criminal charges were filed. The family moved from Hawaii in 1995.
Her attorney Mark Davis said that recent mainland news reports about priests accused of sexual abuse of minors led to his press release yesterday calling attention to recent developments in the civil suit he filed in October 2000.
"What is happening in the country has gotten our attention," Davis said. "The Pope's theme (in a speech last week) is that we need to treat our victims with compassion."
Besides Feliciano, the suit names the Kaheka Street parish, the Honolulu diocese and Honolulu Bishop Francis X. DiLorenzo as defendants.
Circuit Judge Gary W.B. Chang set an April 8 hearing on the church's request to expand on its original response filed more than a year ago. The March 12 motion asked that the complaint against the church defendants be dismissed, and that the church be repaid for costs and expenses should Jenkins win in the suit against Feliciano.
Feliciano, who did not respond to the suit, is still in Hawaii, according to Davis.
Davis said "The trauma suffered by this family as a result of this incident has been ongoing for years." The mother seeks an unspecified amount in damages, saying that her two children were forced to enter residential treatment facilities for behavioral and family problems, and the older youth remains in a treatment facility.
The suit claims that church authorities engaged in a "pattern of ignoring warning signs and complaints of sexual misconduct and creating an atmosphere of tolerance and non-reporting of those who have sexual contacts with children and adults so as to cover up the conduct."
The church's counterclaim denied that Feliciano's "wrongful conduct ... was in the course and scope of any employment or other relationship" with the church. It claims that the mother "was reckless, negligent and/or otherwise breached duties of care" she owed her children. It also states that the older son "has been adjudged to be a juvenile law violator, including for sexual assaults and batteries" committed against the younger child.
"The Catholic church is not at fault in this case," said John Reyes-Burke, who represents DiLorenzo and the diocese. He said in a written statement that "there is strong evidence supporting allegations contained in the church's counterclaim which will come out at trial. Under the code of conduct applicable to my profession, I am not comfortable trying this case in the media."
The diocese responded to a request for comment with a written statement. "The sexual abuse of minors is a crime and morally repugnant. The Roman Catholic diocese of Honolulu vigorously condemns such conduct. The diocese has strict policies concerning the investigation and handling of any allegations of such misconduct."
It noted that Feliciano was found guilty of sexual abuse and "he alone is liable for it. The diocese cannot be held responsible for the criminal conduct of a worker such as Mr. Feliciano."
The diocese has requested a jury trial. No trial date has been set.
The Catholic Church in Hawaii