Argentinian judges have rejected an appeal by Bishop Gustavo Oscar Zanchetta concerning his conviction for abusing seminarians. He was convicted in 2022 on two counts, and his appeal was officially rejected this week. Zanchetta was one of the first appointments made by Pope Francis and the two men have often been seen together.
Judge Virginia Solórzano explained that “Zanchetta’s technical defense” sought to portray the investigation as a witchhunt against the bishop. In 2019 a local newspaper reported that while the bishop had officially resigned for health reasons, the actual reason was an abuse investigation. Complaints against Zanchetta were made at least two years before he retired in 2017.
According to his representation, the conviction was illegitimate. “The facts were assessed with a gender bias, [with] the understanding that the complainants gave a different meaning to the defendant’s behavior when they were told that he was homosexual, because otherwise Zancheta’s behavior would not be seen as abusive but as a joke between men,” they said.
However, the judge was unconvinced and she said the argument was “contrary to reality.” “All [Zanchetta’s] behaviors have a sexual nature, regardless of the gender of the people involved. A kiss on the cheek or the forehead is not the same thing as a kiss on the neck or nape of the neck, since the former are fraternal or friendly while the latter have a clear sexual intention,” she explained.
The same happens with the introduction of the finger in the mouth or placing the hand on the crotch,” the judge added. “The gender of those involved has no bearing on the clear sexual connotation of the alleged conduct, especially if – as in these examples – there was a relationship of subordination between the aggressor and the victims,” she ruled.
“Therefore, the aforementioned atypicality of Zancheta’s conduct has no basis in gender bias. The sexuality of resting one’s genitals on the bum [of another] is beyond any discussion,” the judge concluded. “Thus, the appealed judgment is valid and does not present any arbitrary defects or flaws in the processes of forming the conviction,” she ruled.
Abuse scandals have plagued the Catholic church for decades. Last year, Judge Martin Glenn greenlit a massive bankruptcy settlement where The Roman Catholic Diocese of Rockville Centre agreed to pay out more than $320 million in compensation to 600 survivors of sexual abuse. Before this deal was reached, the victims rejected an earlier offer of $200 million.
The Rockville Centre Diocese Catholic Diocese, which serves roughly 1.2 million churchgoers, filed for Chapter 11 bankruptcy in October 2020. The diocese was forced to file after dozens of victims came forth claiming systemic sexual abuse from the clergy. In August of 2020, New York as well as other states, enacted laws to allow victims of child sexual abuse to file lawsuits over decades-old crimes.
The Judge presiding over the case said, Reuters reports, that the conclusion was “ remarkable.” as the bankruptcy had been within a “hair’s breadth” of failing. Last year Glenn threatened to dismiss the case if a settlement could not be reached. He said “The survivors deserve an opportunity to be heard by a jury of their peers…They’ve been held off too long.” If Judge Martin Glenn had dismissed the filing, the survivors would have to continue their individual lawsuits.
Before the settlement was reached, Richard Tollner, who represented the survivors, worried that the debtors were “using bankruptcy to avoid accountability before state court juries.” He argued that if the Diocese couldn’t come up with enough money, the judge would have to throw out the case. Jason Stang, another attorney, added that he thought “Parishes can afford to pay much more and still maintain their religious mission.”