August 6, 2021 – The former Archbishop of Washington and cardinal – expelled from the church and laicized in 2019 – was “criminally” charged last week with three counts of indecent assault and battery on a teenage boy in Massachusetts decades ago, all according to a court filing by the Wellesley police in Dedham District Court. The charges reflect an alleged sexual assault of a minor that took place at a wedding in 1974, at Wellesley College.
Criminal Charges – a First in the US
For the record, McCarrick is the first cardinal in the US to be criminally charged with a sexual crime against a minor, as stated by Boston attorney, Mitchell Garabedian who has litigated hundreds of sex abuse cases against the Catholic church. Garabedian, known for his relentless pursuit of pedophile clergy beginning with the Fr. Geoghan case and the Archdiocese of Boston decades ago. Garabedian’s work takes aim at the multitudes of pedophile priests who have not only ruined lives, but those who have caused several victims to commit suicide. Because attorneys have an ethical duty to report a crime that has occurred, Attorney Garabedian referred this case to the Norfolk District Attorney, who is now prosecuting this criminal charge against McCarrick, on behalf of the yet unnamed victim.
In a recent interview by Attorney Mary Kay Elloian of The Legal Edition, Garabedian outlined the methodology used by pedophile priests to lure unsuspecting families and their children into their lairs of deceit, lies and exploits. The full interview with Attorney Mitchell Garabedian,”entitled “Clandestine Clergy: Politics & Policies in the Catholic Church” can be viewed here.
A Different Breed of Predator
In the case of the former cardinal, McCarrick, his “alleged” actions are different in scope than predators before him. He was a world-traveler for the Catholic church – amassing fortunes for the Church from his global fund-raising activities. Having been circling the globe in search of donors, while also amassing what appears to be unwitting participants of seminarians, and youths – from homes on the Jersey shore to private islands. From ignored reports of him sleeping with boys in his bed to reports of fondling and sexual acts to the hierarchy, much of it went ignored.
Despite al the rumors and reports of McCarrick’s exploits within the clergy, he was continuously promoted, rising to the rank of Cardinal as many in the church hierarchy chose to look the other way. One likely reason: McCarrick was known for his phenomenal fundraising-ability, bringing vast wealth to the church. Because of his high visibility and ability to effectively promote the church, he was hailed by the Catholic Church as one of it’s most ardent advocates – allowing him to meet with dignitaries around the world, including a number of US presidents – both Republican and Democrat.
A Reputation That Proceeds Him…
As seen in recent reports, McCarrick had racked-up quite a reputation from accusers – from alter boys to seminarians. McCarrick violated many promises he made to become a priest in the Catholic church, including: the promise of celibacy and chastity, and the Commandments of God – namely the 7th Commandment against adultery and fornication, and the 9th Commandment against bearing false witness against thy neighbor. By his repeated denials of wrongdoing despite multiple clergy and lay reports, by his insistence of his innocence to cast aspersions upon his victims – it is no wonder that Pope Francis had him defrocked in 2019. What was once a money-making machine for the Catholic Church – is now one of its biggest financial drains, and faith-based detractors.
But why after 50 years is the 91 year old McCarrick making headlines?
For one, the statute of limitations had been changed in a number of states to allow child victims of sex abuse, many of whom are now adults, additional time to come forward. As Garabedian stated, it takes a lot of courage to tell one’s story of abuse and betrayal. For some it takes a lifetime – if at all, as most are embarrassed and ashamed, so many wait until family members are no longer alive to tell their story – to spare their family the pain, and grief, knowing they entrusted their child to a pedophile priest. Other victims, according to Garabedian are not as fortunate: many committing suicide to avoid the haunting memories of abuse and betrayal by someone they and their families once revered. For those victims and their families, there may never be any closure.
Catholic Church Finally Does Investigation at the Insistence of Pope Francis
A Vatican investigation ordered by Pope Francis in 2018, confirmed that McCarrick had sexually molested adults as well as children. Because the church failed to timely take heed of the sordid reports by other members of the clergy and even some parents until 2019, McCarrick was allowed to propagate his sexual exploits, leaving victims from the New Jersey shore to Washington DC to Boston – and other locations in the US and across the globe. The ruins of his tenure spanned the papacy of Pope John Paul II, Benedict XVI – and ending with the investigation ordered by Pope Francis.
Why a Half Century Later is There a Criminal Complaint?
The Massachusetts statute of limitations on rape of a child begins to run when a minor becomes 16. But because the minor victim was younger than 16 at the time of the “alleged” sexual assault, combined with the fact that McCarrick left the state shortly thereafter, the statute of limitations was tolled. This means the clock on the statute of limitations was frozen as soon as McCarrick left the states borders – leaving it up to the victim to come forward at any point when he was able and willing to do so. That time is apparently now.
Had McCarrick had been a resident of Massachusetts or remained in the state for six years without any reporting by the victim, the statute of limitations would have protected McCarrick from prosecution. But according to Michael Cassidy, a Boston College criminal law professor, a criminal “[s]houldn’t be able to thwart a criminal investigation by leaving, and then just stay away long enough that the statute of limitations runs out.”
McCarrick will be arraigned in Dedham District Court in Massachusetts, September 3.
© Copyright 2021, Mary Kay Elloian, Esq. All Rights Reserved.
See The Legal Edition programming on Trauma and Abuse in Domestic Violence, Sexual Assault, Recent Judgments & #MeToo, and Clandestine Clergy – Sexual Abuse in the Catholic Church & Trusted Institutions
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