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German Higher Court Overturns Ruling in Priest Abuse Case
The Higher Regional Court of Cologne has ruled in favor of Melanie F., a survivor of sexual abuse by a priest in the late 1970s. The decision overturns a previous lower court ruling that had dismissed her claim for damages against the Cologne Archdiocese.
In the initial trial, the Cologne District Court had rejected the claim, arguing that the priest, Hans Ue., committed the acts as a “private person” during his “free time” rather than in his official capacity. This reasoning allowed the Archdiocese to avoid institutional liability. However, the Higher Regional Court has now indicated it will correct this judgment, noting that the perpetrator exploited his role as a spiritual counselor as a “great cover.”
The abuse occurred after the then-Cardinal Joseph Höffner granted special permission for the priest to take Melanie F. and another child from a children's home into his care as foster children. The abuse resulted in two pregnancies and subsequent abortions. While the specific acts are past the statute of limitations, Melanie F. has sought damages to hold the institution accountable for failing to protect her. The perpetrator was previously sentenced to twelve years in prison in 2022 for 122 cases of abuse involving other girls.
Entities
Cologne Archdiocese · Hans Ue. · Higher Regional Court of Cologne · Joseph Höffner · Melanie F.