Parents of Minor Child v. Charlet

135 So. 3d 724, 2013 La.App. 1 Cir. 0316, 2013 WL 5712245, 2013 La. App. LEXIS 2124
CourtLouisiana Court of Appeal
DecidedOctober 21, 2013
DocketNo. 2013 CW 0316
StatusPublished
Cited by2 cases

This text of 135 So. 3d 724 (Parents of Minor Child v. Charlet) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parents of Minor Child v. Charlet, 135 So. 3d 724, 2013 La.App. 1 Cir. 0316, 2013 WL 5712245, 2013 La. App. LEXIS 2124 (La. Ct. App. 2013).

Opinions

PETTIGREW, J.

|2The defendants, the priest and the Roman Catholic Church of the Diocese of East Baton Rouge (the Church), seek supervisory review of a trial court’s denial of their motion in limine, which had sought to prevent the plaintiffs in this matter from “mentioning, referencing, and/or introducing evidence at trial of any confessions that may or may not have taken place” between plaintiffs’ minor child and the priest, while the priest was acting in his official capacity as a Diocesan priest and hearing confession from his parishioner (the minor child). We granted certiorari to address the significant and res nova issue underlying the determination of the propriety of allowing such evidence: whether the priest is a mandatory reporter under Louisiana’s Children’s Code provisions. In reviewing the issue, vis a vis the trial court’s written judgment, for the following reasons, we find this matter compels us to exercise the authority vested in us, by La. C.C.P. art. 927B, to raise on our own motion the peremptory exception of no cause of action, and grant same, in effect, dismissing all of plaintiffs’ claims against the priest and the Church.

FACTUAL BACKGROUND

On July 6, 2009, plaintiffs, the parents of a minor daughter, filed a petition for damages suffered by them and their daughter as a result of the alleged inappropriate and sexual acts perpetrated on the minor child. They named as defendants: the alleged perpetrator, then-deceased George J. Charlet, Jr. (a well-known, long-time parishioner and active member of the Church, who died on February 9, 2009, while a criminal investigation into those allegations was pending); Charlet Funeral Home, Inc. (of which Mr. Charlet was the alleged President); the priest, for allegedly being a mandatory reporter who failed [726]*726to report the abuse allegations; and the Church, alleging vicarious liability for the alleged misconduct of the priest in failing to report the sexual abuse, as well as for the negligent training and supervision of the priest, (The plaintiffs later added a claim against the Church alleging additional liability for the acts of Mr. Charlet, under the theory that he, too, was an employee of the Church parish; however, these claims were later dismissed by summary judgment.)

| .¡The parents alleged that in 2000, their family moved from Baton Rouge to Clinton, in East Feliciana Parish, and began attending Our Lady of the Assumption Catholic Church, where they met and became friendly with a parishioner, Mr. Charlet, as well as the priest, the pastor of the church. According to the petition, from the young age of eight years, through her adolescent years, their minor daughter viewed Mr. Charlet as a second grandfather.

The petition alleged that during the summer of 2008, when the minor daughter was approximately twelve years old, there began an exchange of emails (1-2 per day) from Mr. Charlet to the minor child, involving “words of inspiration” and daily Bible verses. It is alleged that the emails soon increased in frequency (5-7 per day) and also began taking on a more personal tone, “while being laced with seductive nuances.” Mr. Charlet allegedly told the minor child to keep the nature of their email correspondence private and to herself, because “no person, other than God, would understand their mutual feelings for one another.” The petition contains various other paragraphs (none of which are directly relevant to the issue herein) detailing the continued wrongful acts of Mr. Charlet, which culminated with kissing and fondling the minor child.2

The petition alleged that the minor child became confused and scared over the evolving “relationship” with Mr. Charlet, and that on three separate occasions, she decided to seek spiritual guidance through the Sacrament of Reconciliation with the defendant priest. The petition alleges that on Tuesday, July 15, 2008, and Tuesday, July 29, 2008, prior to the 6:30 p.m. mass at the church, as well as on at least one other occasion after July 29, 2008, the minor child related to the priest during her confession |4(the Sacrament of Reconciliation) that Mr. Charlet had inappropriately touched her, kissed her, and told her that “he wanted to make love to her.” According to the petition, and consistent with the minor child’s subsequent deposition testimony, the priest allegedly responded to her that she simply needed to handle the situation herself, because otherwise, “too many people would be hurt.” The minor child testified that during one of those confessions, she told the priest what had happened and asked for advice on how to end it. According to her deposition testimony: “He just said, this is your problem. Sweep it under the floor and get rid of it.”

Subsequent to these three confessions, during which the minor child relayed the sexual acts by Mr. Charlet to the priest, the abusive acts (fully detailed in the petition) continued. On one occasion, the mi[727]*727nor child decided she needed to take the advice given to her by the priest during the confessions, and confront Mr. Charlet in person. She attempted to arrange a meeting with Mr. Charlet at his place of business, but when she arrived at the funeral home, she was surprised to find no one there other than Mr. Charlet, who then proceeded to sexually abuse her in his private office. The minor child became scared again, and instead of confronting him, she simply reminded him that her mother would be there shortly to pick her up; to which he responded, “We better go eat before I eat you up.”

According to the allegations in the petition and the deposition testimony in the record, subsequent “meetings” were had— one between the priest and Mr. and Mrs. Charlet, and another between the Charlets and the minor child’s parents (the plaintiffs) — concerning the “obsessive number of emails and phone calls” between Mr. Charlet and the minor child, and the seeming inappropriate closeness between the two that had been observed by various parishioners. Again, according to the allegations in the petition, after these meetings, Mr. Charlet contacted the minor child to let her know about the meetings. He informed her that he told them their relationship was mutual and appropriate; that he did not know if they believed him, but he assured her he would take care of making sure everyone believed their relationship was appropriate and mutual, and that she just “needed to play the game.”

| ¿However, shortly thereafter, the parents confronted their minor daughter about the emails and phone calls, at which time, she confessed to the true nature of the relationship with Mr. Charlet, including details of the inappropriate sexual contacts. The plaintiffs immediately contacted Mr. Charlet, ordering him to cease contact with their daughter. According to the petition, however, on a subsequent Sunday, the plaintiffs witnessed Mr. Char-let approach their daughter after church and hug her openly against her will. They then filed a formal complaint against Mr. Charlet with the East Feliciana Parish Sheriffs Department. According to the petition, the investigation was ongoing when, on February 9, 2009, Mr. Charlet died unexpectedly, after suffering a massive heart attack while in post-operative recovery, following knee-replacement surgery.

APPLICABLE LAW

In order to facilitate an understanding of the subsequent procedural history and a discussion and analysis of the issues presented, the law applicable to the parties’ arguments and resolution of the issues is provided at this juncture.

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Bluebook (online)
135 So. 3d 724, 2013 La.App. 1 Cir. 0316, 2013 WL 5712245, 2013 La. App. LEXIS 2124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parents-of-minor-child-v-charlet-lactapp-2013.