Diocese of San Jose Accused Priests

Systemic abuse in the dioceses throughout California has recently come to light. In response to accusations of child sexual abuse by priests and widespread cover-ups by the Church, many dioceses released lists of credibly accused clergy members who abused children over decades. In October 2018, in an effort to show its commitment to transparency, honesty, and accountability, the Diocese of San Jose released a list of all clergy accused of sexual abuse against minors. The list included:

• Clergy members with credible allegations
• Non-diocesan clergy who ministered within the Diocese of San Jose’s territory with a credible allegation either occurring within the Diocese’s institution or ministry or somewhere else
• Non-diocesan clergy members residing at a seminary, religious retirement home, or some other institution within the Diocese of San Jose with a credible allegation that occurred elsewhere

The list received updates in April 2019 and now includes:

• 16 clergy members
• 23 non-diocesan clergy members who ministered within the Diocese’s territory
• 47 non-diocesan clergy members who had a residency within the Diocese of San Jose

The list of clergy included the name of the clergy member, the allegations and when they occurred, when the Diocese received reports of the allegations, the status of the clergy member, and where the clergy member had an assignment within the Diocese and for how long. Although the information detailed within the list is reasonably thorough, the list likely doesn’t include all the perpetrators or instances of abuse, as many victims of child sexual abuse never come forward to report what happened to them.

The list of non-diocesan clergy members who ministered within the Diocese includes the person’s name, the religious order or diocese, the allegation and who reported it and when, the person’s status within the religious order or diocese, and where the person had an assignment or ministered in the Diocese. Finally, the list of non-diocesan Clergy who resided within the Diocese includes the name of the person, when the person died, which religious order the person belongs to, and where the person resided in the Diocese.

Despite this attempt at transparency and accountability, the Vatican’s Congregation for Bishops announced in November 2020 that it ordered an investigation into the bishop of the Diocese of San Jose and his handling of allegations of sexual abuse and misconduct in his former diocese in New Mexico. The investigation focused on concerns regarding acts or omissions intended to interfere with or prevent civil or canonical investigations against a clergy member or other religious representative in suspected or reported child sexual abuse cases.

In February 2019, a victim filed a lawsuit against one of the priests included on the Diocese’s list, alleging that he sexually assaulted a minor on five separate occasions. A court convicted the priest of sexual misconduct, and he became a registered sex offender in 1983. The Church permanently banned him from ministry upon his retirement from the clergy in 1990. Later, in 2017, the court again charged the priest, this time with six counts of committing lewd acts on girls.

California recently passed new legislation extending the statute of limitations or time restriction for survivors to file civil claims against their abusers and the institutions that allowed the child sexual abuse to happen. You now have until your 40th birthday to initiate a civil lawsuit for compensation, or within five years of discovering injuries stemming from the abuse, whichever is later.

Additionally, California lawmakers created a look-back window that started on January 1, 2020, and gives all survivors of childhood sexual abuse three years to file a civil claim, regardless of their current age or when the abuse happened. This is good news for victims who previously sought relief but faced a block due to the state’s former statute of limitations that cut off civil claims after the victim’s 26th birthday.

With the lack of information coming from the Diocese of San Jose and the fact that more than two years have passed since the Diocese has updated its list of clergy members with credible allegations, it’s important for survivors to speak up to expose the wrongdoing and establish accountability. Additionally, with California’s recent legislative changes, now is the time to get the closure and justice you deserve and compensation to aid in your continued recovery.

Contact the sexual abuse attorneys at Herman Law today to receive a free case evaluation.