A young man has filed a lawsuit against a priest, the Roman Catholic bishop of San Jose, and other Catholic leaders, for alleged sexual abuse that occurred ten years ago, as reported by the Mercury News in Silicon Valley.
M.F., now 23, claims that in 2001, while in the eighth grade, he was sexually fondled by Father D.F. at San Jose's St. Frances Cabrini Church.
Santa Barbara-based attorney, Tim Hale, represents M.F. Hale stated, "It's unusual for victims to come forward this soon.
Some victims take this to their graves. Others, in their 30s, 40s or 50s after a lifetime of problems. This is way out of the ordinary."
Hale further claimed that D.F. grabbed at M.F.'s genitalia while the two sat on the priest's bed.
Kurt Seibert is defending D.F. Seibert said of his client, "He denies all wrongdoing.
The DA investigated this and there were never any charges filed."
Seibert claimed that D.F. has never been arrested or charged.
D.F., now 76 and retired, lives within the Diocese of Fresno per Seibert.
M.F. is currently on leave from studying at California Lutheran University.
Hale stated that his client's record - M.F. was convicted in 2009 of misdemeanor possession of child pornography - is a direct result of being a victim of sexual abuse.
The lawsuit was filed in San Francisco County Superior Court on August 9. It names the San Jose bishop and Catholic leaders in San Francisco and Fresno as negligent as they failed to do anything about D.F.'s inappropriate sexual behavior - that began back in the 1960s - when he worked in Fresno.
The suit is almost 50 pages in length. It includes 14 formal complaints that range from hiring and retention fraud, to failure to warn, intentional infliction of emotional distress and childhood sexual abuse.
The Roman Catholic Diocese released a statement making it clear that while D.F. did live within the San Jose diocese - it was only to help "his ailing mother" from 1991 to 2006. He as technically still part of the Fresno diocese at this time, where he had "letters of good standing."
The diocese also stated that D.F. "is not and has never been a priest of the Diocese of San Jose."
D.F. last performed religious duties in San Jose prior to November 2006.
Hale claims to have witnesses that can attest that though D.F. may not have been working in San Jose, he did indeed perform Mass, and other ministerial duties, for many years in San Jose - officially or unofficially.
The Diocese of Fresno released a statement that said D.F. was within the diocese living in "full retirement." While they complete an investigation of the charges against D.F., however, he will be placed on administrative leave - as is their policy for any accused clergyman - until their investigation is completed.
D.F. worked in Fresno after being ordained in 1964. He served as the chaplain at San Joaquin Memorial High School.
During this period, several unnamed witnesses have offered their accounts of how D.F. summoned male students to either his office, or the confessional, before touching them inappropriately.
The suit alleges that the diocese had to know about the priest's reputation as many of the boys had given him negative nicknames with sexual connotations.
The victim has until he is 26 years old before the civil statute of limitations on this type of crime has expired.
Have been abused by a member of the clergy? Contact a personal injury lawyer soon, before your statue of limitations is up.