“The sexual abuse exception to the statute of limitations, if improperly applied, can wrongfully label a Respondent a sexual abuser,” eight bishops of the court wrote in their unanimous ruling. A ninth member of the court, the Rt. Rev. Wayne P. Wright, Bishop of Delaware, recused himself for personal reasons.
“Title IV courts must guard against allowing that exception to be used without proof of actual sexual abuse,” the ruling added. “This is especially true under circumstances where the exception is invoked not so much to deal with sexual abuse but, rather, as an effort to use events in the distant past when the Respondent was a priest to remove a bishop during current times of strife within the diocese. To allow Title IV and the sexual abuse exception to the statute of limitations to be used in this manner diminishes the monumental efforts of the Church to address, punish and remove incidents of actual clergy sexual abuse.”
Pabarue said in a conference call Thursday that he was disappointed the review court considered his client guilty of conduct unbecoming a member of the clergy, but he was thankful for its ultimate decision.
Bishop Bennison joined his attorney in discussing the case.
“I’m very gratified by the decision of the court. I’ve always believed that the charges were without merit,” he said.