Sexualised violence: the Catholic Church lets the court decide

A victim of abuse complained, and the Catholic Church in Cologne had to decide: enforce the statute of limitations or risk paying a lot of money. She decided on Monday not to insist on the statute of limitations for the crimes.

It’s a David versus Goliath battle: a victim of sexualized violence against the powerful Catholic Church.

In this case, the David is Georg Menne. He was abused by a priest as a child. For at least ten years, more than 300 times. The priest confessed, but died, the deeds are time-barred. Nevertheless, Georg Menne sued the church for damages before a civil court. He wants all in all 800,000 euros. The trial before the Cologne district court begins on Tuesday.

Abuse has left its mark

The deeds mark his life. The abuse has left its mark – physically and mentally. Menne has a degree of disability of 50 percent.

He is a pastoral officer and works as a hospital chaplain in the Archdiocese Cologne. It took years, he says, before he even dared to take action against the “holy church” and a cardinal. He still sleeps badly, the David in this story.

Internal papers available to WDR show that Goliath is also shaking. Cardinal Woelki wrote to the Bishops’ Conference shortly after the complaint was received by the Archdiocese of Cologne at the end of August. He asks “to promptly obtain a vote from all (arch)dioceses as to how the Archdiocese of Cologne should react in this case”.

The bishops’ dilemma

The bishops face a dilemma, as becomes clear in the minutes of a meeting of some diocese justiciaries at the end of September 2022. Either they refrain from asserting that the case is statute-barred in the interest of the person concerned – and risk that the church will have to pay a lot of money through further lawsuits of this kind. Or they insist on the statute of limitations – and make themselves morally vulnerable.

The minutes show that opinions differ. The Cologne legal counsel seems to be well aware of the guilt of the church. She is quoted as saying “that this is a relatively ‘typical’ case in which the perpetrator was relocated after the allegations became known.” They also have the image of the church in mind.

The chairman of the Legal Commission says that “the media impact of the decision (…) should also be taken into account”. His colleague from Essen adds that it is necessary “to take the perspective of those affected into account in particular”.

On the other hand, there is the opinion of the legal advisor from the diocese of Limburg. In such cases, a person concerned knowingly goes before a state court. Then he must also submit to the rules. His vote: not to waive the statute of limitations.

No clear vote for Woelki

In the end, the Cologne cardinal did not get a clear vote. Perhaps that explains the gyrations his diocese is turning in the run-up to the trial. Georg Menne received a letter from the lawyers of the Archdiocese at the end of November. The statute of limitations will be invoked. A low blow. His impression was that his employer, the church, considered money more important than morals.

When asked by WDR, the Archdiocese then said that the letter was only sent for “reasons to meet the deadline”. A final decision has not yet been made, but will continue to be examined “with the greatest care”.

Waiver of Statute of Limitations

The exam only came to an end on Monday evening. And in the spirit of Georg Menne. Archbishop Woelki announced that the Archdiocese would not enforce the statute of limitations on the crimes. One refrains from raising an objection, as it is called in legal German. A state court should decide on the amount of the claim for compensation for pain and suffering.

“In this particular case, I wanted to waive the defense of the statute of limitations,” Woelki is quoted as saying in a press release. At the same time, he points out that it is not a fundamental decision. The decision refers “to the case currently being negotiated”.

For Georg Menne it is a first victory – in the fight between David and Goliath.

Among other things, the current hour on WDR television reports on this topic on Monday, December 5th at 6:45 p.m.

Source: wdr.de