Dispute over compensation for pain and suffering - The diocese expects the civil process to clarify abuse cases
In the legal dispute over a damages payment to a victim of abuse, the Catholic Diocese of Hildesheim has applied for the dismissal of the lawsuit. A corresponding response to the lawsuit has been filed with the Regional Court of Hildesheim. The Diocese cannot make any statements as to whether the victim's allegations are accurate as described, it was stated. It considers the allegations to be time-barred.
Case of Liability for Public Authorities
The Diocese expects the court proceedings to provide clarity, objectivity, and transparency for all parties involved. Among other things, it is also about questions of liability for public authorities. The accused priest had taught the plaintiff in religion at primary school. If the alleged acts occurred in the school or private sphere, it is not clear whether the legal regulations for claims for damages against public authorities apply in this case.
400,000 Euros in Damages Claimed
The victim, who was under 14 years old at the time of the crime, is demanding at least 400,000 euros in damages from the Diocese of Hildesheim. In addition, the Diocese should cover all future material damages such as treatment costs, loss of earnings, or reduction in pension.
The victim had previously been awarded payments of 50,000 euros from the Independent Commission for Compensation (UKA). However, he had reportedly felt that these payments were rather insignificant and wants to be considered a severe case, which would entitle him to more than 50,000 euros.
Out-of-Court Settlement Rejected
The Bishop of Hildesheim, Heiner Wilmer, had previously rejected attempts to reach an out-of-court settlement. In an interview last year, he described such a settlement as "shady". In an out-of-court settlement, there is no independent instance; this is given in the UKA procedure.
In June 2023, the Cologne Regional Court awarded 300,000 euros in damages to a victim. This was a man who had been sexually abused by a priest for many years in the 1970s while serving as an altar boy. The Cologne ruling was the first court decision of this kind.
The Diocese of Hildesheim argues that the victim's claim for 'Payment for pain' exceeding 400,000 euros might not be covered under the legal regulations for damages against public authorities, given the priest's role as a teacher. Despite the previous compensation of 50,000 euros, the victim seeks a more substantial payment, considering himself a severe case.
