An Idaho man brought his case against the Diocese of Boise before the state Supreme Court April 17, alleging that he was raped by a Catholic priest whom he trusted as a child and asking the court to uphold his claim of constructive fraud.
According to the Idaho Statesman, the man, who was not identified, argues that Father Patrick O’Sullivan took advantage of his close relationship with the man’s family to abuse him, which the man says constitutes constructive fraud.
A district court previously dismissed the case, ruling that it could not be determined whether Fr. O’Sullivan and the man had a relationship of trust without infringing on the diocese’s free exercise rights.
The man took the case to the state Supreme Court, where his attorney Melanie Baillie, again presented his claim that a trusting relationship existed because he was involved with the church in several ways, including as a parishioner, student, and participant in church activities. Baillie also said that Fr. O’Sullivan frequently came to the man’s home for meals and visits with the man’s parents.
“This priest was seen as holy — held out as being safe and holy to the appellant and his family,” Baillie argued, saying that the man always viewed Fr. O’Sullivan as a priest, never in a different role.
The man further alleges that the diocese knew of instances of clergy sex abuse within the Church but covered it up. However, the diocese’s attorney, Stanley Welsh, argued before the court that the diocese did not know about any sex abuse allegations until 1985, which was nearly 20 years after the alleged abuse by Fr. O’Sullivan in 1968.
Welsh also pointed out that the alleged abuse happened while Fr. O’Sullivan was babysitting for the family, not during a church event. He said that going to the family’s home was not part of Fr. O’Sullivan’s priestly duties, the Idaho Statesman reported.
According to the outlet, the Supreme Court will issue a written decision later, at an undisclosed date.