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Judge Denies Archbishop Carlson's Motion to Dismiss Abuse Victim's Lawsuit

XiuHuiJiang1.jpg
SLMPD
Xiu Hui "Joseph" Jiang.
A Lincoln County judge has refused to dismiss the civil lawsuit filed against the Archdiocese of St. Louis and Archbishop Robert Carlson by the family of an underage girl who alleges priest Xiu Hui "Joseph" Jiang sexually abused her.

Lawyers for the archdiocese wanted the judge to dismiss charges that the church failed to supervise Jiang and intentionally inflicted emotional distress by arguing that the church isn't responsible for the abuse if it isn't on church property. The judge denied their motion.

See also: Lawsuit: Priest Asked Teen to Dress Like a Woman, Not a Child, Before Sexual Abuse

"We are pleased with the court's ruling that the case against the archdiocese can proceed despite the defendants' argument that it should be dismissed because most of abuse happened off church property," says the family's lawyer, Ken Chackes. "We argued that the archdiocese still had control over Jiang even when he was molesting the victim at her family's home in Lincoln County."

Jiang is no longer facing criminal charges for the abuse allegations that spurred the lawsuit. Judges ruled he was not alone with the victim, so child-endangerment and witness-tampering charges were dropped.

See also: Court Drops Teen Sex-Abuse Charges for Catholic Priest Joseph Jiang

The civil lawsuit against Jiang says he asked his victim, a minor, to look good for him, to dress more like a woman than a girl, even buying her an expensive Coach purse. The victim lost 25 pounds and was upset that she didn't look enough like a woman for the priest, according to the lawsuit.

Jiang, who told his victim he wanted to marry her, directed her to set up a private e-mail account so they could communicate, according to the lawsuit. When her parents found explicit e-mails, they confronted Jiang, who admitted to the abuse, left the house and returned with a $20,000 check.

Archbishop Carlson called the family to say Jiang had confessed, according to the lawsuit. He said he would remove Jiang from the priesthood only if he'd had sex with a child and suggested the family return the check he left them.

"Defendants Archdiocese and Archbishop failed to stop Father Jiang from engaging in sexual behavior or to notify children or their parents of Jiang's propensity to sexually abuse minors," the lawsuit says. "As a result, Father Jiang was allowed unlimited access to the minor plaintiff because [the parents] trusted that their parish priest was safe."

The news that the case against Jiang will move forward came down the same day a different civil suit against the archdiocese was settled out of court. In that case, a woman claimed she'd been abused by known sex offender and former priest Joseph Ross, sometimes while her mother was at choir practice.

See also: St. Louis Archdiocese Dismisses Victim's Abuse Claims as Lies, "Personal Issues"

Jiang, 31, currently faces two counts of first-degree statutory sodomy for sexual conduct with a boy younger than fourteen at the St. Louis Cathedral School, in the 4400 block of Maryland Avenue. The boy told investigators Jiang abused him twice in a school bathroom between July 2011 and August 2012, according to court documents.

See also: New Sex-Abuse Charges Filed Against Catholic Priest Xiuhui Joseph Jiang

Jiang is out on bail, and the archdiocese revoked his canonical privileges while he faces the charges.

Follow Lindsay Toler on Twitter at @StLouisLindsay. E-mail the author at Lindsay.Toler@RiverfrontTimes.com.


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4 comments
dalediversity
dalediversity topcommenter

Joe Jiang - ask not for whom the bell tolls, it tolls for thee

maturlishmdsnd
maturlishmdsnd

Maybe Pope Francis will call Archbishop Carlson and order him to do everything possible to get justice in this sexual abuse case? 

"... that the church isn't responsible for the abuse if it isn't on church property."

This is a legal argument?  What a crock.

Archbishop Carlson would be another bishop Francis could remove from office, that is if the pope intends to follow up Monday's pious words with real actions.

Guess we'll have to wait.  I give Pope Francis just a week to follow up his words with action.

Sister Maureen Paul Turlish

Advocate for Survivors & Legislative Reform

New Castle, DE

Founding member of CatholicWhistleblowers dot com

snapjudy
snapjudy

Archbishop Carlson keeps working hard to keep himself out of court, even at the expense of protecting innocent children. -- Thankfully the judge rejected his motion to dismiss this trial.
It takes a lot of courage to speak up about being sexually abused, but let's hope that anyone who may have knowledge or may have been harmed by Fr Xiu Hui "Joseph" Jiang, will find the courage to come forward, get help, and contact law enforcement, no matter when it happened. It is extremely rare that a child predator has only one victim. Some have many. Child predators need to be kept far away from kids forever, and it's never too late to come forward about being sexually abused.

Your silence only hurts, and by speaking up there is a chance for healing, exposing the truth, and therefore protecting others
Judy Jones, SNAP Midwest Associate Director, USA, 636-433-2511,  SNAPJudy@gmail.com
SNAP, the Survivors Network of those Abused by Priests

snapclohessy
snapclohessy

Remember Fr. James Beine (a.k.a. Marr James)? He faced indecent exposure charges by city prosecutors and child porn charges by the feds. He beat both thanks to legal technicalities. So if you're assuming that Fr. Jiang will soon be locked up, think again. These predator priests are really shrewd. And they have wealthy, powerful allies. 


So don't sit back and hope for the best. If you know something, say something (preferably to police and prosecutors and journalists and lawyers and therapists and groups like ours). If you suspect something, ditto.


Please - kids need all of us to act with courage and compassion, not to cower in shame, fear, confusion and self-blame.


David Clohessy, SNAP, Survivors Network of those Abused by Priests, 314 566 9790, SNAPclohessy@aol.com

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