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

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absolute control over <strong>the</strong> means to sanctity and organizational control over <strong>the</strong><br />

institutional Church, as well as <strong>the</strong>ir exalted social status, creates a situation where abuse<br />

is likely to occur:<br />

Thus, in <strong>the</strong> sociological sense, instances of abuse,<br />

exploitation and manipulation, whe<strong>the</strong>r <strong>by</strong> pedophilic<br />

<strong>Catholic</strong> priests, corrupt televangelists or extremist cult<br />

leaders, should not simply be regarded as <strong>the</strong> occasional<br />

outcomes of a few ‘bad apples.’ . . . Ra<strong>the</strong>r, <strong>the</strong> nature of<br />

trusted hierarchies systematically provides opportunities<br />

and rationales for such deviance and indeed, makes<br />

deviance likely to occur. 369<br />

This hierarchical form of government supports <strong>the</strong> tendency to victimize o<strong>the</strong>rs.<br />

Power is not shared; it resides in individuals. The laity has no role in <strong>the</strong> assignment of<br />

power, nor do <strong>the</strong>y have any means of curbing abuses. On <strong>the</strong> o<strong>the</strong>r hand, a hierarchical<br />

structure also has a greater potential for effectively dealing with abuse among <strong>the</strong> clergy.<br />

The failure of <strong>the</strong> system to deal with deviance among its key members points to abuse of<br />

power on a massive scale.<br />

E. Religious Duress and <strong>the</strong> Trauma Bond<br />

Many recent civil suits against <strong>Catholic</strong> dioceses have been brought <strong>by</strong> adults who<br />

allege that sexual abuse occurred when <strong>the</strong>y were children or adolescents. 370 Church<br />

officials have often questioned <strong>the</strong> sincerity of plaintiffs who have come forward years<br />

after <strong>the</strong> alleged abuse occurred. Plaintiffs, victims’ supporters, and psychological<br />

experts counter such accusations with information about <strong>the</strong> long term effects of clergy<br />

369<br />

Id. at 30.<br />

370<br />

Laurie Goodstein, Trail of Pain in Church Crisis Leads to Nearly Every Diocese, N.Y. Times, Jan. 12,<br />

2003, at A1. Also, <strong>the</strong> authors conducted an informal poll of 40 plaintiff attorneys <strong>the</strong> results of which<br />

revealed that nearly 100% of <strong>the</strong>ir present clients are over 25 and allege that abuse had taken place when<br />

<strong>the</strong>y were between 12 and 16 years of age. Id.<br />

68

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