New Hampshire
NH Supreme Court Considers Camp Fatima Sex Abuse Lawsuit
By DAMIEN FISHER, InDepthNH.org
CONCORD – It’s now up to three judges whether or not a man who says he was raped by Fr. Karl Dowd is allowed to seek justice under the New Hampshire constitution.
The case illustrates the conflict between legislature’s 2020 law that removes the statute of limitations in child sex abuse civil complaints and Article 23 of the New Hampshire Constitution, which prohibits retroactive application of new laws.
The alleged victim, who claims he was raped in the 1970s while he was at a summer camp run by the Diocese of Manchester, brought his lawsuit in 2023. Under long-standing New Hampshire law, the man’s deadline to bring a lawsuit against the Church passed in the 1980s.
While the legislature removed the statute of limitations for child sex abuse complaints in 2020, the Diocese argues the legislature cannot pass laws that violate the constitution.
A skeleton-crew Court heard arguments Wednesday from attorney Scott Harris, representing the victim, and Olivia Bensinger, representing the Diocese. Supreme Court Associate Justices Patrick Donovan and Melissa Countway were joined by Superior Court Justice Charles Temple to hear the case.
Associate Justice James Bassett did not take part in the arguments due to his pending retirement, and Chief Justice Gordon MacDonald is disqualified from the case.
The victim’s lawsuit was dismissed last year when Superior Court Judge Elizabeth Leonard ruled that the law cannot be applied retroactively.
“The prohibition against retrospective application of laws under Article 23 of the New Hampshire Constitution must be respected in this case because “[r]etrospective laws are highly injurious, oppressive, and unjust” in every case, Leonard wrote.
Statute of limitations harm victims, enable abusers, and pervert justice, according to Harris. The 2020 law is absolutely meant to apply retroactively for people like the alleged victim, Harris said.
“The language could not have been clearer,” Harris said.
Victims of childhood abuse can take decades to even acknowledge what they suffered, and by the time they are ready to make a report the law closes the door on their ability to seek justice. The 2020 law ending limits for child sex abuse victims is a clear solution the legislature came up with to help victims, Harris said.
The 2020 law does not include any reference to retroactive enforcement. According to Harris, that is because the law is intended to apply retroactively.
“Our legislature would have included that language if they thought it necessary,” Harris said.
But Bensinger argued such language on retroactive enforcement isn’t needed since it is assumed that laws must comply with the constitution.
“[The 2020 legislature] knew the constitution protects against retroactivity,” Bensinger said.
The right to a statute of limitations defense is a vested right for all defendants, Bensinger said, and any change to the limits must also account for the constitution. Donovan expressed skepticism at Bensinger’s interpretation of the law.
“It seems to me that you’re reading language into the statute that isn’t there,” Donovan said.
Dowd was the priest in charge of the diocese’s Camp Fatima and Camp Bernadette for decades despite serious red flags. Dowd was promoted by the diocese in 1971 to be the camp director, after a prior sexual assault complaint at St. Bernard Parish in Keene where Dowd was accused of abusing a 16-year-old boy.
During Dowd’s leadership at Camp Fatima the summer camp become an abyss of child sex abuse, according to court records, with multiple priests and religious staffers raping the boys.
“Several other boys who attended Camp Fatima alleged that Dowd sexually abused them, including one man who alleged he was abused more than 100 times before 1975. Id. The abuse was so pervasive at the Camp that one former camper stated, ‘it was nothing to see somebody take a little kid, go into a cabin, [and] close all the shutters,’” court records state.
Camp Fatima is in Gilmanton Iron Works.
The alleged victim claims he was first assaulted by Dowd when other staffers directed the boy to hide in a particular cabin. The camp staffers were playing a game known as “strip the campers,” in which the boys were chased and forcibly stripped if caught by the staff. The victim was told he could avoid being stripped by going into the cabin, according to court records.
The alleged victim went into the cabin alone, and saw it was furnished with a bed. Dowd soon entered, joined him on the bed, and allegedly began his assault.
“Dowd proceeded to sexually assault the plaintiff while telling him that ‘God loved him and wanted him there, and so did Dowd,’” according to court records.
Dowd was the camp director until 1990. Dowd’s notorious abuse wasn’t known to the public until after he died in 2002 when several former campers came forward. But the victim alleges the diocese knew that Dowd sexually assaulted children.
Several former campers filed a class action lawsuit against the diocese in 2002, months after Dowd died while on vacation in Florida. That lawsuit was later settled out of court.
New Hampshire
NH Republicans push to allow guns on college campuses
CONCORD — The recent fatal shooting at Brown University shows that banning guns on campus makes students more vulnerable to violence, state Rep. Sam Farrington, a University of New Hampshire senior, told reporters Dec. 17 in promoting legislation to end such bans.
Farrington, R-Rochester, and other House Republicans, also said in the Statehouse news conference that the shooting that killed 15 people at a Hanukkah celebration in Sydney, Australia on Sunday, illustrates that Australia’s restrictive gun laws don’t protect the public.
Rep. Joe Sweeney, R-Salem, the deputy House majority leader, said gun control restrictions leave people “unable to defend themselves, their families, their peers.”
Farrington said violence similar to what occurred at Brown University in Rhode Island, which left two dead and nine injured, could occur in New Hampshire, where universities also prohibit guns on campus.
“UNH, Plymouth State, Keene State, the list goes on, they all have one thing in common — these are public universities that are infringing on the Second Amendment rights of college students right here in New Hampshire,” said Farrington.
“They claim to be gun free zones. Well if we know anything about gun-free zones, looking at Australia and Brown, we know that they are not violence free zones. They are only defenseless zones where victims are left hopeless, without any hope of defending themselves.”
He is the prime sponsor of House Bill 1793, which the Legislature will consider next year. It would prohibit public colleges and universities from regulating the possession or carrying of firearms and non-lethal weapons on campus.
Under the bill, if a college or university that received federal funds instituted such a ban, they could be sued.
Democrat speaks against legislation
State Rep. Nicholas Germana, D-Keene, a history professor at Keene State College, said Thursday he wouldn’t feel any safer if people coming on campus were packing firearms.
Any police response to an active shooter on a college campus would be fraught if armed bystanders became involved and crossfire broke out, he said.
“All the sudden police come on that campus and it’s a shootout at the OK Corral,” Germana said. “How do police know who the good guy is and who the bad guy is?”
He said the tragedy in Australia last weekend is an anomaly that doesn’t alter the fact that gun violence rates in that country decreased after strict firearm regulations were passed almost 30 years ago and remain much lower than U.S. rates.
“We can look around the world to see examples of this where the number of guns in the population at large corresponds to gun violence,” Germana said. “It’s clear that when Republicans say in this country that gun control measures do not decrease gun violence, it is demonstrably false.”
The University System of New Hampshire said in the fiscal note of House Bill 1793 that the measure could cost it as much as $500,000 because insurance premiums and liability claims would increase, more security measures would be required, firearm storage systems would be needed, expected lawsuits would create attorney fees and the ability to attract students and faculty would decrease.
These articles are being shared by partners in the Granite State News Collaborative. Don’t just read this. Share it with one person who doesn’t usually follow local news — that’s how we make an impact. For more information, visit collaborativenh.org.
New Hampshire
NH attorney general clears top Democratic official of ‘electioneering’ charge
The New Hampshire Attorney General’s office has concluded that Executive Councilor Karen Liot Hill did nothing wrong when she used her government email to assist a law firm that was suing the state over its voter ID law.
Assistant Attorney General Brendan O’Donnell wrote that Liot Hill’s use of her state email to assist a national Democratic law firm find plaintiffs didn’t amount to “electioneering” under state law.
The state Republican party alleged in August that Liot Hill — the only Democrat on the five-member Executive Council — misused her position by involving herself in a lawsuit against the state.
From the start, Liot Hill called that claim baseless, and the Attorney General’s office said Liot Hill’s conduct didn’t warrant sanction.
“This Office cannot conclude that the e-mails constituted a misuse of position or otherwise violated the executive branch ethics code. This matter is closed,” the office wrote.
In a statement Friday, Liot Hill, from Lebanon, welcomed the conclusion of the case.
“The AG’s findings underscore the partisan nature of the ongoing attacks against me: I am being impeached not for wrong-doing, but for being a Democrat,” she said.
The lawsuit challenging New Hampshire’s voter ID recently failed in state court. But this issue may not yet be over: A top House Republican has filed a bill to explore Liot Hill’s impeachment next year.
As the lone Democrat on the Executive Council, Liot Hill is her party’s ranking member in the State House. That profile has made Liot Hill, who spent two decades in local politics before winning election to the council last year, a regular target for Republicans, who argue that her approach to the job, which she says honors the state’s volunteer spirit, has crossed ethical lines.
The New Hampshire Republican Party did not immediately respond to a request for comment to the Attorney General report Friday afternoon.
New Hampshire
Who makes the best Chinese food in New Hampshire?
-
Iowa5 days agoAddy Brown motivated to step up in Audi Crooks’ absence vs. UNI
-
Iowa1 week agoHow much snow did Iowa get? See Iowa’s latest snowfall totals
-
Maine4 days agoElementary-aged student killed in school bus crash in southern Maine
-
Maryland6 days agoFrigid temperatures to start the week in Maryland
-
Technology1 week agoThe Game Awards are losing their luster
-
South Dakota6 days agoNature: Snow in South Dakota
-
New Mexico4 days agoFamily clarifies why they believe missing New Mexico man is dead
-
Nebraska1 week agoNebraska lands commitment from DL Jayden Travers adding to early Top 5 recruiting class