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Sexual assault case from 1999 to be reviewed by Michigan Supreme Court
The court's decision has the potential to establish a legal precedent for future sexual assault cases involving survivors who were minors at the time of the abuse.
FOX 2 (WJBK) - The Michigan Supreme Court is set to review a sexual abuse case from 1999, under a new statute of limitation that takes into consideration the childhood trauma of survivors who were minors at the time of the abuse.
The court's decision has the potential to establish a legal precedent for future sexual assault cases in Michigan.
The McLain v. Lobert lawsuit, filed in 2021, accuses a Michigan priest of sexually abusing a minor about 24 years ago.
"I went into darkness. It was the worst feeling anybody could ultimately feel," said survivor Brian McLain during a press conference Tuesday morning. "I was scared."
McLain was 16 years old when he was forced to perform sexual acts on Father Richard Lobert at W.J. Maxey Boys Training School in Whitemore Lake.
The abuse took place during confession, McLain said.
"I had spoken with him about something I had done as a juvenile and I wanted to repent for it," McLain added. "He ultimately used that against me and on numerous occasions – used that against me to do things to him sexually."
While the school has since closed, McLain filed the lawsuit against Lobert, the Diocese of Lansing, and the Archdiocese of Baltimore — where Lobert most recently ministered and has since been removed of duties as of April 2021, following the filing of the lawsuit.
"Since 1999, plaintiff was diagnosed with adjustment disorder, anxiety, bipolar disorder, and required ‘medication throughout his lifetime,'" according to court documents.
In June 2018, Michigan's statute of limitations in sexual assault cases was extended to 15 years in criminal cases, and 10 years in civil cases. Prior, the state only allowed for sexual assault civil suits to be filed within three years of the first assault – otherwise, they’d be dismissed.
However, "the bills also specify that criminal proceedings do not need to be brought for civil action to be filed and that civil action must be brought before the survivor is 28 years old or three years after the victim discovers that they had been a victim of sexual assault," according to a news release.
McLain did not become aware of the correlation between his mental health issues and Lobert's sexual abuse until he disclosed the abuse to his therapist in November 2020, court documents stated.
The Michigan Appeals Court already sided with the Lansing Diocese, stating that the statute of limitations has run out.
However, Michigan's Supreme Court will soon decide if the new statute of limitations applies in this case.
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"The question that’s really in front of the Michigan Supreme Court when we argue this case is: what did the Michigan legislature intend in 2018 when they amended this statute?" asked McLain's attorney, Chris Desmond, during the conference.
The lawsuit against the Archdiocese of Baltimore is on hold after it declared bankruptcy.
However, the Diozese of Lansing sent FOX 2 a statement, reading:
"Because the ruling of Michigan’s Court of Appeals correctly applied Michigan law, we are asking the Michigan Supreme Court to uphold that ruling. As the matter is in litigation, it would be inappropriate to comment further at this time."
The court has not yet determined a specific date for when the case will be heard.
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