Saturday, December 29, 2018


I am asking lawyers and/or judges about the elimination of the statue of limitations. Should these laws be eliminated for the sake of justice when it comes to pedophilia?

In the last couple of days more very disturbing information about the extreme perversions of a bishop stripped of his cardinaliate has come from one of his victim who describes in pornographic detail his abuse and reported at Church Militant with these details described. The man now in his 50’s says these assaults began to take place when he was eleven and in some cases while McCarrick heard his confession!

There is evidently a canonical trial of sorts happening with the confessional details adding a new detail for a canonical prosecution of the McCarrick case. If McCarrick is found guilty he could and should be laicized (defrocked) as any priest would be just on the abuse evidence. But the Church has no power to incarcerate and if McCarrick wanted to break the penance imposed on him by the pope he could walk and live on his own, unless he is extradited to Vatican City which has a jail, but there would have to be a civil trial there.

But what about civil law in California where this man was first assaulted (raped?) in the late 1950's? If not for the statute of limitations McCarrick could be arrested and placed on a civil trial  there with real prison time a possibility. Justice would then be served.

Could a case going back to the late 1950’s be successfully prosecuted in civil trials today especially where there is no corroborating witnesses, only a he said, he said scenario?

The other interesting twist in all of this is that the now adult victim is on a crusade to reform the Catholic Church of it post Vatican II modernism which he believes has led to this kind of immorality increasing after Vatican II with little to no accountability for miscreant bishops and priests, only winks and nods and maybe a transfer or time in a mental health institution so the miscreant could be recyled.

Is Pope Francis' footnote in Amoris Laetitia a sign of this post-Vatican II modernism and so-called "mercy" where adulterers, fornicators, sodomites and other perverted sexual acts are minimized and allowed all in the name of mercy or graduality that "might" lead toward conversion and a change of course? 

I happen to think so because it is the modernism of the new morality of Vatican II which Pope Francis embraces without critical thinking about its ramifications. Or maybe he does, because it doesn't take much of a leap to other immoral irregularities in people's lives that are public, such as giving communion to those not in a Sacramental Marriage, simply living together, heterosexual, homosexual or with minors, as well as to non Catholics who have never gone to sacramental confession and may not believe what the Catholic Church believes about any of the Sacraments.


Fr. Michael J. Kavanaugh said...

I don't think the statute should be changed.

The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment:
1. A plaintiff with a valid cause of action should pursue it with reasonable diligence.
2. By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim.
3. Litigation of a long-dormant claim may result in more cruelty than justice.

rcg said...

The statute doesn’t need to be changed because the Church knew of the issue well within the time limit. They just did nothing and aparently covered up many, many cases of abuse. What the Adminstrative Church wants now is a “do-over” so that they can avoid being named to a conspiricy that was recently discovered and still within stutorial limits.

What the Church had better beware of is firing or punishing someone for homosexual activity among (several) consenting adults. That would probably lead to a civil rights case and an even worse situation for the Church in the USA.

TJM said...

If Republican politicians were involved, Kavanaugh would say the opposite.

Instead of posting here, why don't you get out there and convert some folks or round up some vocations?

Fr. Michael J. Kavanaugh said...

TJM - No, the principles apply regardless of the accused's political persuasions.

TJM said...


In my world yes, but in lefty world no. Just look at college campuses today if you want some real life examples of double standards

Fr. Michael J. Kavanaugh said...

TJM - In my world, the principles apply regardless of the accused political persuasions.

I imagine there are plenty of politicians of both major parties who could not be prosecuted due to the statute of limitations. In ALL cases the limitations rightly apply. I would not say the opposite in any case.