Diocese, lawyers agree to mediated settlements on abuse claims

Bishop Robert J. Baker announced the decision Jan. 25 in a letter to South Carolina Catholics in The Catholic Miscellany, the diocesan newspaper, and held a press conference Jan.26. It has the preliminary approval of the Dorchester County Court of Common Pleas and awaits final approval based on a March 9 fairness hearing.

"The demands of justice and the desire to heal the hurts of those abused by those sent to minister to them weigh heavily upon my heart," Bishop Baker said in his letter.

"I deeply regret the anguish of any individual who has suffered the scourge of childhood abuse and am firmly committed to a just resolution of any instance in which a person who holds the responsibility of protector has become a predator," he said. "I believe that a proactive approach to healing the evil that has been done is not only constructive, but absolutely necessary."

Two classes of claimants against the diocese will be formed. The first class includes all individuals born on or before Aug. 30, 1980, who claim they were sexually abused as minors by agents of the Diocese of Charleston. The second class includes spouses and parents of those victims.

The monetary range is $10,000-$200,000 for first-class settlements and a set amount of $20,000 per claimant for the second class. Those who agree to settle will not be able to make future legal claims against the diocese.

The diocese will fund the settlements from two pools of money. The first pool will be $5 million and if $4 million of that sum is awarded, a second and final pool of $7 million will be available. If the total sum of all settlements falls below the allotted funds, that money will be returned to the diocese.

The 1980 date was selected to limit problems with state statutes of limitations and make it easier for adults to step forward, according to A. Peter Shahid Jr., attorney for the diocese.

The court will appoint a neutral arbitrator to review and validate each claim. The arbitrator will determine the monetary award for each victim within a predetermined range based on the nature of the abuse he or she suffered.

Four victims' claims were settled last summer. Shahid said the diocese knows of at least eight other victims, although more may come forward. Since 1950, there have been 50 abuse claims involving 28clergy or other diocesan employees settled for almost $3 million, he said. Those claims were not part of the new settlement.

During the press conference, John Barker, chief financial officer for the diocese, said that money for the settlements will come from insurance, interest on investments and, if needed, the sale of property. He said that selling property would be the last option.

"The settlement will benefit both victims and the church,"Barker said. "It provides a forum for victims to come forward in a confidential, non intimidating manner. It also allows the church to reach out to victims and compensate them for their suffering."

The identity of all claimants will be confidential, according to Shahid.

"This really is, for lack of a better word, a user-friendly approach,"he said. "They can come forward as quietly, as individually, as possible. This doesn't continue the embarrassment and victimization. We invite people to come forward with their claims so they don't continue to harbor this emotional drain so they can experience fullness with the church."

In a press release sent out by the diocese, Lawrence Richter, lead counsel for the claimants, stated: "Hopefully this class settlement will bring to a close this sad and shameful chapter, and enable victims to have some closure, compensation and peace. These brave and long-suffering victims who have stood firm and demanded accountability should be applauded.

"These individuals can never be fully compensated nor their suffering taken away. I anticipate they will find comfort in the hope that their actions may serve as a deterrent to future victimization by those who hold a public trust," he said.