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Penn Law News

2022
MAR

Sexual Abuse Survivor Litigation Scores a Win at Georgia Supreme Court

By: Katheryn Hayes Tucker, Daily Report

Lawsuits alleging childhood sexual abuse by leaders of churches or other institutions have a new path to the courtroom with an opinion released by the Georgia Supreme Court Tuesday.

Until now, the overwhelming obstacle for such cases was the seven-year statute of limitations, which blocked lawsuits before many survivors of childhood sexual abuse disclose the crime later on as adults, according to attorneys who work with them. Advocates lobbied the Georgia Legislature to open a window on that statute of limitations, but the change was temporary and few cases made it through.

But a unanimous opinion written by Justice Verda Colvin said that clock can start not when the alleged abuse happens but when the survivor finds out the institution knew about it and covered it up.

The decision delivers new life not to only this case at hand against the Catholic Church, but others against religious institutions, scouting organizations and other groups accused of hiding sexual abuse by leaders or employees, according to Michael Terry of Bondurant Mixson & Elmore, who made the winning oral argument. Terry worked on the case with Jane Vincent of Bondurant as well as Darren Penn and Alexandra “Sachi” Cole of Penn Law.

“There are a number of child molestation cases pending against churches—and the Boy Scouts—that have been dismissed based on statute of limitations,” Terry said. “The issue is what knowledge on the part of the victim started the statute of limitations running. Trial courts and [the] court of appeals held that knowledge that you were molested and of the affiliation of the molester with the church or scouts was sufficient to start the statute running. The Supreme Court reversed and held that the victim had to know that the church knew of the danger posed by the molester and did not act. If you didn’t know that (and weren’t negligent in not finding out), the statute is tolled until you find out.”

Terry said the ruling will impact many other cases.

“This opinion revives the possibility of bringing closure and justice to many victims of child molestation and other wrongs who did not realize that a powerful entity knew the molestation was occurring but hid that knowledge to protect itself,” Terry said. “Days like this make you remember why you practice law.”

Edward Wasmuth of Smith, Gambrell & Russell represents the Catholic Church in this case. He declined to comment.

The lawsuit was filed in 2018 against St. Joseph’s Catholic Church, the Archdiocese of Atlanta and Archbishop of Atlanta Wilton Gregory by a former altar boy who alleged he was molested by a priest in the 1970s. The timing of the filing closely followed the archbishop’s public apology for sexual abuse of children by the Catholic Church and the release of a list of credibly accused priests. One of the priests named is the alleged perpetrator in this lawsuit, filed by a man identified as Phillip Doe. He also alleged the church knew about the abuse and covered it up.

Colvin said the fact that Doe knew of the abuse for many years did not necessarily mean he knew of the church’s involvement until those public statements were made. She reversed the Cobb County Superior Court and the Court of Appeals, saying they erred in dismissing Doe’s claims for “negligent supervision and training, negligent retention, failure to warn, failure to provide adequate security, breach of fiduciary duty, and fraudulent misrepresentation and concealment.”

“We emphasize that we are not deciding the merits of any of Doe’s remaining claims or of his tolling claim or whether those claims might survive a motion for summary judgment or a trial. Those decisions will turn on what evidence is ultimately presented,” Colvin said. But the case will go back to the trial court for further litigation.

 

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