Concord, New Hampshire — CONCORD, N.H. (AP) — The state Supreme Court ruled Wednesday that a 2020 New Hampshire law eliminating deadlines for lawsuits alleging sexual assault cannot be applied retroactively.
The ruling came in the case of Randy Paul, who sued the Roman Catholic bishop of Manchester in 2023 alleging he was raped by a priest at a summer camp in the 1970s. Under the law at the time of the alleged assaults, Paul only had until he was 20 in 1986 to file suit, but he said his suit was allowed under a 2020 amendment that eliminated the statute of limitations.
The amendment itself did not specify whether it could be applied retroactively, but the court ruled that doing so would violate the state constitution, which gives private parties a right to defend the statute of limitations.
In upholding the dismissal of Paul’s lawsuit, the justices said they “fully recognize that victims of child sexual abuse are among the most vulnerable victims and deserve every protection and remedy available in our judicial system,” but emphasized that it is their role to interpret the Constitution.
Paul’s attorneys did not respond to a request for comment on Wednesday. In court documents, they said it was understandable that it took him decades to speak out about the alleged abuse in which a deceased priest told him the rape was “the product of God’s love and all part of His plan.” They also said the court should weigh the diocese’s vested right in the statute of limitations defense against Paul’s right to seek compensation for the harm he suffered.
“It is one thing in a debt collection case to claim the right based on the passage of time to keep one’s books in order,” they wrote. “It is quite another to demand freedom from accountability for our role in the rape of a child because enough time has passed to make one believe that one has escaped responsibility for the same thing.”
In a statement provided by its lawyers, the Diocese of Manchester said defending such lawsuits may be difficult, if not impossible, because witnesses and evidence may no longer be available. “In this case, the report was prepared 50 years later, and the accused priest died in 2002,” the diocese said, adding that protecting the safety of children was one of its top priorities.
In 2002, the state agreed after a lengthy investigation not to prosecute the diocese as an institution or any individuals over their past handling of sexual abuse allegations involving clergy. In exchange, the diocese agreed to enact strict new child protection policies, admit that its actions harmed children, and opened itself to a series of audits.
“For more than 20 years, the diocese has worked with victims and survivors of abuse to listen to their experiences and respond to what each person may need, including pastoral care, counseling support, and financial assistance,” the diocese said.
It is unclear how many potential lawsuits will be affected by the ruling. Dioceses elsewhere have Filed for bankruptcy Because of the costs associated with lawsuits and settlements resulting from clergy abuse scandals. In January, Maine Supreme Judicial Court She sided with the Roman Catholic Diocese of Portland, which challenged a 2021 law that retroactively eliminated the statute of limitations for civil lawsuits related to child sexual abuse.