Lawyer for sex abuse victims says warning others about chaplain didn’t violate secrecy order

Lawyer Paul Sterbcow, left, with his client, attorney Richard Trahant, talks to reporters outside the federal appeals court building in New Orleans, Wednesday, April 3, 2024. Trahant is appealing a $400,000 court sanction for allegedly violating a bankruptcy court secrecy order by alerting a school principal and a reporter that a suspected child predator was working as a chaplain at a high school.

By KEVIN McGILL

A New Orleans attorney facing a $400,000 court penalty for warning a school principal and a reporter about a high school chaplain who was suspected of being a sexual predator took his case to a federal appeals court Wednesday.

Richard Trahant, who represents victims of clergy abuse, acknowledges having told a reporter to keep the chaplain “on your radar,” and that he asked the principal whether the person was still at the school. But, he said in a Tuesday interview, he gave no specific information about accusations against the man, and did not violate a federal bankruptcy court’s protective order requiring confidentiality.

It’s a position echoed by Trahant’s lawyer, Paul Sterbcow, under questioning from members of a three-judge panel at the 5th U.S. Circuit Court of Appeals.

“Here’s my problem. I think I have a moral obligation to disclose something I find out about someone to protect them,” said Judge Priscilla Richman. “But the court has said unequivocally, ‘You are under a protective order. You cannot violate that protective order.’ I do it knowingly. I may have good intentions, but I do it knowingly. To me, that’s an intentional, knowing violation of the order.”

“Our position is that there was no protective order violation,” Sterbcow told Richman, emphasizing that Trahant was cautious, limiting what he said. “He’s very careful when he communicates to say, I’m constrained by a protective order. I can’t do this. I can’t do that, I can’t reveal this, I can’t reveal that.”

Outside court, Sterbcow stressed that it has been established that Trahant was not the source for a Jan. 18, 2022, news story about the chaplain, who had by then resigned. Sterbcow also said there were “multiple potential violators” of the protective order.

The sanctions against Trahant stem from the Roman Catholic Archdiocese of New Orleans’ filing for Chapter 11 bankruptcy protection in 2020 amid growing legal costs related to sexual abuse by priests. The bankruptcy court issued a protective order keeping vast amounts of information under wraps.

In June 2022, U.S. Bankruptcy Court Judge Meredith Grabill ruled that Trahant had violated the order. In October of that year she assessed the $400,000 penalty — estimated to be about half the cost of investigating the allegations of the alleged protective order violation.

The appeal of the bankruptcy court order first went to U.S. District Judge Greg Guidry, who upheld the sanctions. But Guidry later recused himself from handling matters involving the bankruptcy case after an Associated Press report showed he donated tens of thousands of dollars to the archdiocese and consistently ruled in favor of the church in the case involving nearly 500 clergy sex abuse victims.

The bankruptcy case eventually was assigned to U.S. District Judge Barry Ashe, who last year denied Trahan’s motion to vacate the sanctions.

Richman at one point in Wednesday’s arguments, suggested that Trahant should have asked Grabill for an exemption from the protective order rather if he thought information needed to get out. It was a point Attorney Mark Mintz, representing the archdiocese, echoed in his argument.

“If we really thought there was a problem and that the debtor and the court needed to act, all you have to do is pick up the phone and call,” Mintz said.

Sterbcow said Trahant was concerned at the time that the court would not act quickly enough. “Mr. Trahant did not believe and still doesn’t believe — and now, having reviewed all of this and how this process worked, I don’t believe — that going to the judge was going to provide the children with the protection that they needed, the immediate protection that they needed,” Sterbcow said told Richman.

The panel did not indicate when it would rule. And the decision may not hinge so much on whether Trahant violated the protective order as on legal technicalities — such as whether Grabill’s initial finding in June 2023 constituted an “appealable order” and whether Trahant was given proper opportunities to make his case before the sanction was issued.

Richman, nominated to the 5th Circuit by former President George W. Bush, was on the panel with judges Andrew Oldham, nominated by former President Donald Trump, and Irma Ramirez, nominated by President Joe Biden.

Complete Article HERE!

Pope Francis breaks with tradition in annual ritual by washing the feet of women only

Pope Francis washes and kisses the feet of 12 women inmates of the Rebibbia prison on the outskirts of Rome on Holy Thursday, March 28, 2024, a ritual meant to emphasize his vocation of service and humility.

By Christopher Lamb

Pope Francis on Thursday has washed the feet of 12 women at a prison in Rome during a ceremony emphasizing humility. It is the first time the pope has washed the feet of women only during the special annual service.

The 87-year-old pontiff, who has been experiencing health and mobility difficulties recently, led the ceremony at Rebibbia prison in Rome, washing the feet of each of the women from his wheelchair, many of whom were in tears as he did so.

The foot-washing ritual takes place on the Thursday before Easter and seeks to imitate Jesus Christ’s washing of his disciples’ feet the night before he died.

Since his election, the pope has taken this ceremony out of Vatican territory and celebrated by washing the feet of prisoners, refugees and the disabled.

Over the years, Francis has washed the feet of women and Muslims. However, Michael Walsh, a prominent church historian and author, and Fr Anthony Ruff, a liturgical expert, both told CNN they believe this is the first time a pope has washed the feet of women exclusively during the ceremony.

Nadia Fontana, the director of the female prison in Rome where the event took place, said it was the first time a pope had entered their facility, which she said held 360 prisoners and one child.

In the early years of his pontificate, the pope changed church rules to officially include women in the ceremony, a move that met resistance in the Vatican.

His predecessor, Benedict XVI, only washed the feet of men, and later switched to washing only the feet of priests.

Pope Francis unexpectedly skipped delivering his homily during the Palm Sunday Mass service at the Vatican last week, although he was able to preside over the service and was later driven around in the popemobile.

The service marked the beginning of Holy Week, the most sacred week in the church’s calendar as Christians around the world prepare to celebrate Easter, and his decision to skip the homily, or reflection, was a surprise.

The pontiff has in recent weeks had aides read out several of his speeches after suffering from a bout of ill health. On February 28, he was admitted to hospital for tests. Over the winter months, Francis has battled with bouts of bronchitis, cold and flu.

People say they’re leaving religion due to anti-LGBTQ teachings and sexual abuse

— The PRRI poll found that the vast majority of those who are unaffiliated are content to stay that way. Just 9% of respondents say they’re looking for a religion that would be right for them.

Symbols of the three monotheistic religions

By Jason DeRose

People in the U.S. are leaving and switching faith traditions in large numbers. The idea of “religious churning” is very common in America, according to a new survey from the Public Religion Research Institute (PRRI).

It finds that around one-quarter (26%) of Americans now identify as religiously unaffiliated, a number that has risen over the last decade and is now the largest single religious group in the U.S. That’s similar to what other surveys and polls have also found, including Pew Research.

PRRI found that the number of those who describe themselves as “nothing in particular” has held steady since 2013, but those who identify as atheists have doubled (from 2% to 4%) and those who say they’re agnostic has more than doubled (from 2% to 5%).

This study looks at which faith traditions those unaffiliated people are coming from.

“Thirty-five percent were former Catholics, 35% were former mainline Protestants, only about 16% were former evangelicals,” says Melissa Deckman, PRRI’s chief executive officer. “And really not many of those Americans are, in fact, looking for an organized religion that would be right for them. We just found it was 9%.”

That these people are not looking for a religion has, Deckman says, implications for how and even whether houses of worship should try to attract new people.

Among other findings: The Catholic Church is losing more members than it’s gaining, though the numbers are slightly better for retention among Hispanic Catholics.

There is much lower religious churn among Black Protestants and among Jews who seem overall happy in their faith traditions and tend to stay there.

As for why people leave their religions, PRRI found that about two-thirds (67%) of people who leave a faith tradition say they did so because they simply stopped believing in that religion’s teachings.

And nearly half (47%) of respondents who left cited negative teaching about the treatment of LGBTQ people.

Those numbers were especially high with one group in particular.

“Religion’s negative teaching about LGBTQ people are driving younger Americans to leave church,” Deckman says. “We found that about 60% of Americans who are under the age of 30 who have left religion say they left because of their religious traditions teaching, which is a much higher rate than for older Americans.”

Hispanic Americans are also more likely to say they’ve left a religion over LGBTQ issues. Other reasons cited for leaving: clergy sexual abuse and over-involvement in politics.

The new PRRI report is based on a survey of more than 5,600 adults late last year.

About one-third of religiously unaffiliated Americans say they no longer identify with their childhood religion because the religion was bad for their mental health. That response was strongest among LGBTQ respondents.

The survey also asked about the prevalence of the so-called “prosperity Gospel.” It found that 31% of respondents agreed with the statement “God always rewards those who have good faith with good health, financial success, and fulfilling personal relationships.”

Black Americans tend to agree more with these theological beliefs than other racial or ethnic groups. And Republicans are more likely than independents and Democrats to hold such beliefs.

Complete Article HERE!

In Nigeria, A Clergy Rape Survivor Turns Pain Into A Source Of Support For Others

Joshua Love was recently paid $15,000 by a Catholic religious order to keep quiet about his claim that two Franciscan Friars abused him as a child. Now he’s going public and talking about how he’s tried to heal.

By Chinonso Kenneth

LAGOS, Nigeria — Statistics compiled by Amnesty International in 2021 show that there is a culture of stigmatization and victim-blaming towards rape survivors. The result is a large percentage of rape and sexual assaults go unreported in Nigeria.

Paul Akinyemi Thomson was far more than a statistic. It was a reality he lived every day for 21 years. Born in 1986, Thomson told Religion Unplugged that his mother was sexually molested by the Reverend Kolawole Olaiya Thomson of a Cherubim and Seraphim church starting from age 12.

Thomson said his mother had to go live with the late reverend from a young age because her parents could no longer raise her. It was at the reverend’s home that Thomson’s mother conceived him and his elder sister after being raped multiple times.

“This man of God already had like 10 wives, very respected in the community. … Peopled loved him because he does miracles and all that,” Thomson said. “My mother was complaining to people that this man of God molested her but nobody listened to her because in Nigeria they blame the victim first. The molestation by the pastor continued until she got pregnant at age 17 and had my big sister, they had me three years later.”

Thomson and his sister continued to be abused by his father and other fmaily members, including being subjected to curses, voodoo and constantly called “omo eru,” a slur in the Yoruba language meaning “slave.”

“I was sexually molested too and even this year they were still calling I and my sister slaves,” he added. “In 1998, my dad used Deuteronomy 28 to curse me. Deuteronomy 28 is the worse chapter in the Bible, and the only chapter in the Bible, filled with curses, generational curses and my dad was using it to curse and swear at me.”

A 2021 study by the United Nations Population Fund found that 28% of Nigerian women between the ages of 25-29 have experienced some form of physical violence since age 15. The prevalence of sexual violence against women in Nigeria is further boosted by victim blaming, which has flourished in Nigeria as a prevailing attitude. This has the concomitant effect of discouraging victims from seeking justice, thus allowing abusers to continue with impunity.

“I’m just trying to rewrite what’s wrong … because everybody blamed my mom then and I can imagine, why are you blaming a 12-year-old girl? She is just 12! The man doing this is 50 years old,” Thomson said.

In 2014, Thomson started a nonprofit organization named after his mother – Comfort Empowerment and Advocacy Foundation (CEAF) — to raise awareness about sexual assault, domestic violence and child marriages and to also provide free shelter and psychotherapy support to survivors.

Based in Lagos, CEAF offers victims access to free psychological counselling and therapy. CEAF also operate an online portal through which individuals can report abuse for CEAF staff to follow up with civil authorities.

CEAF has assisted over nine people since its founding with free legal services, psychotherapy support and financial grants. Currently, CEAF’s safe shelter, meant to house survivors of sexual violence, domestic violence and child marriage, is 90 percent complete, Thomson said.

One of such beneficiaries is Nkiruka Onyebuchi, 29, who told Religion Unplugged she was trapped in an abusive relationship for six years until CEAF intervened and gave her the help she desperately needed.

“I was in my early 20s when we met and started living together because we were to get married but the abuse was a lot and I could not really tell anybody including my parents because I never forgot what my mother always said to me ‘if you want to stay in a marriage, you need to have patience’ so I thought it meant I had to be patient with everything,’” Onyebuchi said.

She eventually got pregnant, which led to an increase in the physical and mental abuse she had endured.

“I actually thought the beating was going to stop when I was pregnant, but it got worse until I had the baby but the baby died,” Onyebuchi said. “He usually says the reason he beats me is because I’m stubborn and I believed him.”

In January 2023, Onyebuchi’s friend introduced her to CEAF. As a result, Onyebuchi’s boyfriend was arrested by the police and made to sign an undertaking not to physically abuse her again.

Onyebuchi also received financial help to move out of her house and lease her own place, receive counseling and help with finding a job.

“If I didn’t have the therapy sessions, I would not be having this interview with you because I had insecurity issues,” she said. “I was very defensive and aggressive then. The counseling sessions really helped at least 60 percent. I still talk to my therapist from time to time.”

A major challenge for CEAF has been funding and finding partnership. Thomson has been funding CEAF out of his pocket and has not had much success partnering with others, he said, including the Lagos’ Domestic and Sexual Violence Agency.

“Since I started CEAF, nobody has actually contributed any money, so all of the money I’ve made has been invested into CEAF,” he said. “I’m doing this because of my mom. This is personal to me and this is what I want to do for the rest of my life.”

Complete Article HERE!

Dismay as Louisiana lookback law for child sexual abuse victims struck down

— Court rules 4-3 to overturn law that had allowed victims to file civil suits over sexual abuse that took place decades ago

By David Hammer

In a split ruling that has major implications for hundreds of child sexual abuse victims, the Louisiana state supreme court has struck down a law that had allowed victims to file civil lawsuits over molestation that happened decades ago.

Child molestation victims and their advocates were devastated by the 4-3 ruling from a court whose members are elected.

Lawyers Richard Trahant, Soren Giselson and John Denenea, who represented the plaintiffs in the case at the center of Friday’s ruling, said: “Today, four of the seven … justices overruled a law passed by a unanimous Louisiana legislature, signed by then governor [John Bel] Edwards, supported by then attorney general and current governor Jeff Landry and current attorney general Liz Murrill. That’s nearly 200 elected officials who viewed this law as being constitutional.

“Four elected officials just obliterated that. They cannot fathom the excruciating pain this decision has heaped upon adults who were raped as children and already suffer a life sentence.”

Richard Windmann, president of Survivors of Childhood Sex Abuse, said: “Once more the victims and survivors of childhood sex abuse have been denied justice. The institutionalized, systematic and wholesale rape of our children by these organizations is self-evident.”

Windmann pledged to take the case to the US supreme court if necessary, calling it “the final stop to see if we, as human beings, are going to let these atrocities stand and continue to happen”.

Kathryn Robb of ChildUSA, an advocacy group that helped pass lookback or revival windows across the country, said Friday’s ruling meant “predators and institutions that protect predators are going to continue with their bad practices”.

“They’re going to continue with their coverup,” Robb said. “They’re going to continue with putting children in harm’s way. And so I’m saddened. I’m saddened by this decision.”

Such laws were upheld as constitutional in 24 states and the District of Columbia. Louisiana now joins Utah as the only states to find them unconstitutional, Robb said.

Louisiana’s supreme court heard arguments in January involving cases filed against the Roman Catholic diocese of Lafayette over allegations that a priest in that region – about 135 miles (217km) west of New Orleans – molested several children between 1971 and 1979.

The lawsuits were filed under a “lookback window” law the Louisiana legislature passed unanimously in 2021, which eliminated deadlines for old claims in recognition of scientific research that found the average victim doesn’t come forward until that person is 52 years old.

Four Louisiana supreme court justices – James Genovese, Scott Crichton, Jeff Hughes and Piper Griffin – concurred that the “lookback window” law is unconstitutional. The majority opinion written by Genovese said reviving old sexual abuse claims violated the due-process rights of alleged abusers and their enablers to no longer be sued for damages once the original deadline to do so had passed.

The deadlines for filing such lawsuits have changed over the years. In the 1960s and 70s, victims – even children – had a single year to come forward. Those deadlines were extended in the 1980s and 90s to allow child victims to file suit well beyond their 18th birthdays. In 2021, such deadlines were eliminated entirely.

Several justices said from the bench that, regardless of how horrendous the harm caused by child molestation, applying the law retroactively raised constitutional concerns. But in his dissent Friday, Justice William Crain said Louisiana lawmakers should retain the power to give that right to victims.

“Absent a constitutional violation, which defendants have not established, the forum for this debate is the legislature, not this court,” Crain wrote. “The legislature had that debate and – without a single dissenting vote – abolished the procedural bar and restored plaintiffs’ right to sue.”

Crain was joined in dissent by colleagues Jay McCallum and John Weimer, the court’s chief justice.

Friday’s ruling does not affect measures eliminating deadlines to demand civil damages in cases of child sexual abuse that occurred after the law was enacted in 2021.

The lookback window struck from the books Friday was not exclusively for clergy abuse claimants. But it prompted many new cases of that nature against Louisiana’s Catholic institutions and clerics who worked for them.

Among the organizations standing to gain most from Friday’s ruling is the archdiocese of New Orleans, which declared bankruptcy in 2020 in an attempt to dispense with a mound of litigation related to a decades-old clerical molestation scandal there. The lookback window was the strongest legal weapon that clergy abuse accusers seeking damages from the archdiocese had in their efforts to drive the value of their claims up.

With the lookback window no longer a factor, the archdiocese’s efforts to settle those claims for as cheaply as possible received a significant boost.

“The organizations that enable and protect child molesters are rejoicing over this ruling,” said attorney Kristi Schubert, who represents a number of clerical abuse claimants caught up in the New Orleans archdiocese’s bankruptcy. “The ruling shields wrongdoers from the consequences of their evil actions.”

Some supporters of Catholic clergy abuse victims expressed concern that the Louisiana supreme court would ultimately rule against them after its justices prayed with New Orleans archbishop Gregory Aymond at a service in October at St Louis Cathedral. Organizers said the service’s purpose was for members of Louisiana’s legal profession to join Aymond – the leader of the state’s conference of Catholic bishops – in praying for the healing of clerical molestation victims.

Neither the archdiocese of New Orleans nor the diocese of Lafayette immediately commented on Friday’s court decision when asked.

Complete Article HERE!