1 1 Catholic Clergy Sexual Abuse Meets the Civil Law by Thomas P ...

subsequent resignation, significantly changed the image of the presidency in a short period of
time. In contrast, it took a gradual process in the civil courts and the emergence of “medical
malpractice” suits followed decades later by the HMO's to effectively de-mythologize the
medical profession. 268
The same process of de-mythologization for the Catholic Church started from within
during the Vatican Council (1962-65), and has continued with results never imagined by the
conciliar participants. This process brought the institutional Church down to a human level, and
made it vulnerable to attack by the victims of clergy sexual misconduct. 269
B. The Power of Clericalism
Sexual abuse, especially the abuse of children, is a particularly insidious form of criminal
activity. The long-term destructive effect on the victims is obvious. Segments of society look on
in horror and amazement when they view the limp responses of Church authorities to revelations
of the actions of sexual offenders in their midst. 270 As a crime, sexual abuse of the young is one
of the most odious and socially repugnant. What then is there in the very nature of an organized
religious body that prompts it to react so defensively about itself and with so much indifference
towards the victims? The complex nexus between clergy sexual misconduct and the church is
colored at every level by the socio-cultural reality known as clericalism. 271
Suing an established church in the United States presents unique challenges to plaintiff
and defendant alike. The Church’s most common defense is brought under the First
268
Id.
269
See Anson Shupe, Religion, Sociology and the Scandal of Clergy Malfeasance, in In the Name of All That’s
Holy 11-14 (1995).
270
See Eileen McNamara, A Higher Authority, The Boston Globe, Nov. 13, 2002, at B1. The editorials appearing
in various U.S. secular newspapers expressing critical responses to the Catholic Church’s official actions in face of
the sex abuse scandals are too numerous to list.
271
See Doyle, supra note 20.
48