SC Supreme Court reverses decision in child sex abuse case against Charleston Diocese

COLUMBIA, S.C. (WCBD) – The South Carolina Supreme Court has reversed a decision made by a lower court in a child sex abuse case involving the Roman Catholic Diocese of Charleston.

A Charleston man sued the Roman Catholic Diocese of Charleston in 2018, alleging two teachers sexually assaulted him while he was attending the former Sacred Heart Catholic School, which was operated by the Diocese, for two years in the 1970s.

Former Charleston County Circuit Court Judge Bentley Price made a summary judgment in the case — meaning a decision was made without a full trial — in favor of the Diocese under charitable immunity. By granting summary judgment, Judge Price ruled that charitable immunity applied to intentional torts, which means that intentional harm was caused.

“We conclude   South   Carolina has never extended charitable immunity to cover intentional torts,” Justice D. Garrison Hill wrote in the ruling.  “We, therefore, reverse the decision of the court of appeals and remand this case to the trial court.”

Now that the decision is reversed, John Doe can continue to pursue his case against the Diocese.

The state Supreme Court repealed charitable immunity in a 1981 ruling on Fitzer v. Greater Greenville YMCA, but the actions in the suit occurred before the 1981 ruling, which is why the doctrine was considered.

The high court agreed to review the case after John Doe requested that they review the lower court’s decision. Oral arguments were held Dec. 10.

When reached for comment, a Diocese spokesperson said: “Based on the Court’s decision, this case will continue to proceed through the legal process.  We cannot comment further since this is pending litigation.”