Articles Posted in Sexual abuse

In Kenneth R. v. Roman Catholic Diocese of Brooklyn, the Appellate Division, considered whether a religious institution could be sued for claims based on its handling of a priest who later sexually abused children. The case did not turn on whether the abuse occurred. The priest had already pleaded guilty to sexual abuse in the third degree based on the conduct alleged in the civil action. Instead, the court examined which legal theories could proceed against the Diocese itself.

Background Facts

The plaintiffs alleged that between July 1983 and August 1989 they were sexually abused by Enrique Diaz Jimenez, an ordained Roman Catholic priest. The abuse formed the basis for civil claims against both Jimenez and the Roman Catholic Diocese of Brooklyn. Jimenez later pleaded guilty to sexual abuse in the third degree based on this conduct.