TOR reassigned and defended priest after sexual assault

By Damien Fisher

 

Dakota Bateman was a new Catholic, in love with the Eucharist, when she decided to go to the Franciscan University at Steubenville.

“It was the Catholic university, and my faith had been extremely important to me,” Bateman said. 

Bateman, now 27, found her faith on her own after years of trauma, according to documents she shared. She had suffered through years of childhood abuse, including sexual abuse, making her especially vulnerable to predators.

It was at FUS where she met Fr. Benedict Jurchak, 45, a man who would become in short order her confessor, her spiritual advisor, and then her abuser. But even after Bateman came forward with her abuse in 2018, the Franciscan Friars of the Third Order Regular, also known as TOR, continued to put Jurchak into active ministry, reassigning him twice after she complained. Jurchak may or may not have been given what amounts to a written warning about his abuse.

Officials with the TOR declined requests for comment about Jurchak, his status, and his continued active ministry. We were unable to reach Jurchak about this story.

According to a police report, a letter from a canon lawyer who investigated the matters, and other documents provided by Bateman, Jurchak used his position and knowledge to groom her. Jurchak would eventually admit to a vague “boundary violation,” and the order continues to stand by him. Although Batemen reported his sexual assault to the police, to his superior, and to the diocese, the TOR issued a statement that there was a “single allegation” against him that “could not be substantiated.” 

Bateman struggled with suicidal ideation as a teen, as well as anxiety, depression and eating disorders, as a result of her childhood abuse. She also had difficulty forming trusting relationships. Jurchak knew all of this.

The two became close while she attended FUS. He was her spiritual director while she was a student there, and they remained close after she graduated in 2015. Throughout their relationship as friends before and after graduation, Bateman said Jurchak kept using his knowledge of her past to break down protective aspects of the relationship. Looking back, there were many red flags, she said. 

“He kept moving the boundaries,” she said.

In February of 2018, Jurchak visited Bateman at her home in upstate New York. During this visit, Jurchak got physical with Bateman. Based on the journals Batemen kept at the time, Jurchak engaged in unwanted sexual touching, behavior that is considered assault by law enforcement. These assaults continued over several days. Bateman froze during one of the initial assaults, a holdover from her past trauma, something Jurchak knew about. 

“He used my previous assault as a roadmap. He did exactly what the guy before previously did,” she said in a video

In June of 2018, four months later, Bateman contacted Jurchak’s provincial superior, who confronted Jurchak, according to the canon lawyer’s letter. Jurchak denied that anything took place. The matter was dropped until February of 2019, when Bateman contacted her local diocese. 

At this post, Jurchak’s superior again spoke to him, and the priest denied wrongdoing. Instead, Jurchak told his superior that Bateman “came on to him” during the Feb. 2018 incident. He claimed her behavior forced him to stop offering her spiritual direction. Jurchak’s superior decided at this point to let the matter drop again.

Bateman next went to police in June 2019 to report the sexual assaults, but that investigation ended up being flawed. Bateman was initially unable to get a copy of the report she made to a detective for more than a month, and when she finally got it, she saw that it was full of errors and missing key details about the assaults.

Bateman engaged the help of JoAnna Brezee, an advocate with Vera House, a sexual and domestic assault crisis center in Syracuse, New York, and together they went to police to straighten out the report. The detective they spoke with was aggressive and confrontational, according to Brezee.

“I believe a report was never written and when she called asking for it, he found his old notepad and made one based off the few things he wrote down,” Brezee would later write in an email to a supervisor.

Though police declined to prosecute, the TOR finally responded to Bateman’s allegation by hiring a civil lawyer to investigate the case in August of 2019, more than a year since the allegations were first made and after the order twice decided that Jurchak was not at fault.

But Bateman said the order’s civil lawyer made a hash of the investigation and got major details wrong.

“I don’t think there is a single thing from him that is correct,” she said.

The result of the civil lawyer’s investigation was a finding that Bateman’s allegations were “unsubstantiated.” However, under pressure from the Altoona-Johnstown Diocese, a canon lawyer was brought in to investigate. This canon lawyer found her story credible, said Batemen, and would recommend punishment for Jurchak.

“For my part, I would note that “unsubstantiated” and “not credible” are two markedly different things,” the canon lawyer wrote.

Bateman provided us with a copy of the letter the canon lawyer wrote to Fr. Joseph Lehman, the head of the TOR. The canon lawyer’s name is redacted from the letter. According to the letter, Jurchak lied during the initial conversations with his superiors about Bateman’s allegations. He would later admit to “boundary violations,” but not the sexual assaults.

“Father Jurchak does not seem to dispute that he spent time alone with Ms. Bateman in her home over the course of several days, in fact, he acknowledged that a boundary violation of some sort occurred and texted Ms. Bateman to apologize for being ‘gross,’” the canon lawyer wrote. “This all happened despite the fact — and one could reasonably argue, perhaps because of the fact — that he was well aware of Ms. Bateman’s vulnerabilities around healthy boundaries and her fears of being rejected/abandoned.”

The canon lawyer stated that Jurchak was oblivious to the fact he had created the situation, and recommended he had a penal precept placed on file. The penal precept would be a written warning that if another such incident took place, he could be suspended, according to the letter. (A penal precept is intended as a canonical procedural step used to establish a situation in which superiors can punish a situation if it repeats. It’s intended to be used when a priest commits problematic behavior that can be corrected.) The canon lawyer also recommended that the TOR pay for Bateman’s therapy.

Whether or not Jurchak received the penal precept is unknown. Jurchak had been a vocations director while at FUS, recruiting men for the order. Soon after the investigation, he was assigned to a parish in the Altoona Johnstown Diocese in Pennsylvania. When Bateman found out he had been reassigned, she contacted the diocese, and Jurchak was again moved, this time to be the chaplain at the Armed Forces Retirement Home in Washington, D.C. 

Bateman did not plan to speak publicly about the abuse, but after less than a year of treatment, the TOR stopped paying for her therapy in February of this year. Bateman said this was done by Lehman after she told him to stop contacting her directly.

“They cut me off after I asked Fr. Lehman to stop emailing me and talk to my therapist,” she said.

Lehman had been contacting her to keep tabs on her during the therapy that the TOR was paying for. 

The contact from Lehman was triggering for her, especially as she got closer to the anniversary of her assault in February. When Lehman decided to cut off the funds for her therapy, it triggered a relapse of her anorexia, requiring hospital stays in February of 2019 and June of 2021. 

Bateman said the TOR was using money as way of controlling her, a form of economic abuse. She said that she once had to wait to seek treatment for her anorexia while Lehman discussed the matter with someone else.

“He had to think about it and talk to somebody and then get back to me,” she said.

Bateman decided to stop requesting that the TOR pay for her treatment, in order to avoid being controlled by them. When she got out of treatment for anorexia this year, Bateman went public with her story of being abused by Jurchak. Lehman’s only response so far has been to issue a statement on April 29 about Jurchak’s current assignment.

According to the TOR statement, Jurchak is no longer at the Armed Forces Retirement Home because of Bateman. 

“In 2019, Father Benedict had been temporarily removed from ministry when a single allegation of sexual misconduct involving an adult woman was reported to the Franciscans,” Lehman’s statement reads. “In the following years, both the police and an independent lay investigator reviewed the claim and found that it could not be substantiated.”

Lehman went on to say that because of the public outcry over Jurchak, the priest had to be removed from his assignment. Bateman called that statement that statement a slap in the face.

“They’re pretty much calling me a liar. He said that it ‘can’t be substantiated.’ He keeps hanging on to ‘unsubstantiated.’ But there’s a huge difference between ‘unsubstantiated’ and ‘not credible,’” she said.

Frustrated by the lack of response to her plight, Batemen took to social media and made a string of posts making her story public. She also recorded a seven-and-a-half minute video describing her ordeal, and posted it to YouTube

“They don’t care about keeping people safe. The TOR only seem to care about their image, and whether their priests can continue the work,” Batemen said in her video. 

It was the archdiocese of Washington DC, and not the TOR, that made the decision to remove Jurchak from the nursing home. 

The TOR has a history of trying to cover for its own. Fr. Samuel Tiesi, a revered campus minister who died in 2001, was reportedly a serial sexual abuser who targeted female students. According to a report in the National Catholic reporter, everyone who could have stopped Tiesi knew about the abuse.

“The school administration and Tiesi’s religious superiors knew of the friar’s grooming and assault of female university students for years but took no action. Students who reported the abuse to university officials tell of being chastised, demeaned and made to feel they were betraying the friars and God,” according to the report.

Dave Morrier, a former priest, has been sentenced to probation for sexual battery for sexually assaulting an FUS student. 

“Morrier was a Franciscan friar assigned to the university back in 2010. He is accused of committing sex crimes against the young woman between 2010 and 2013,” according to a local news report.

Bateman said the TOR needs to fix its culture that sustains abusers and punishes victims who come forward.

“At this point, the TOR needs to completely reform how they handle these things. He was removed by Washington; he wasn’t removed by the TORs. There’s no guarantee anyone is going to be safe from him.”

Bateman is still practicing her faith. She is still in love with the Eucharist. And she is still struggling.

“My faith has been important to me since I converted,” she said. “My faith has been the thing keeping me alive all these years. I couldn’t walk away from that. But it’s hard.”

***

The video Batemen posted to YouTube is below:

How can you be Church militant if you refuse to train to fight?

In light of the academic and cultural debacle playing out at Franciscan U, I’m reposting an essay I wrote in 2014. It addresses only one aspect of the creeping academic cowardice that threatens, once again, to overwhelm the American Church — to turn the Church militant into the Church Ostrich, squawking indignantly at anyone who wants to get up out of the sand and engage the world, the flesh, and the devil.

At FUS, we see this cowardice not creeping, but swarming and wielding pitchforks. Short version of the nonsense: A well-respected FUS professor assigned The Kingdom, a work of fiction imagining the early Church, to a group of five upper-level English majors. The book, which merited a mixed review by the conservative journal First Things, included a blasphemous and graphically profane passage describing the sexual thoughts of one fictional character. As far as I can gather, part of the professor’s goal was to help some select, mature students learn how to evaluate and respond to literature which isn’t specifically designed to edify the sheltered — i.e., most of literature. He wanted, it seems, to train his students for their imminent battles, both intellectual and spiritual.

But the group that calls itself Church Militant somehow got wind of the assignment and organized a mob, allegedly horrified that any Catholic would read such things . . . and also excerpting the most profane and blasphemous portions of the book and disseminating them far and wide. Strange behavior for an organization that believes no one should read such things. But this isn’t about logic, this is about moral panic. The professor has been stripped of his chairmanship, and Church Militant is calling for him to be fired. The school president wrote a craven letter apologizing for the putative offense and promising reparations and tighter oversight of curriculum.

Coincidentally, social media churned up an old and ludicrous Crisis article warning readers away from Flannery O’Connor because ugliness and violence just don’t pair well with religious ideas.

Counterpoint:

So it seemed like a good time to remind folks that we’re Catholic, dammit, not cowards. If Catholics can’t muster up the intellectual courage and brainpower to answer the world, then the world is doomed. You can be well-educated without reading The Kingdom, but you can’t win any wars if you keep firing the drill sergeants training your kids for the battle.

We are the Church militant — not the fourth-rate media outrage machine that goes by that name, but the real thing, the part of the communion of saints still on the battlefield. We’re supposed to put ourselves on the front lines. How can we fight the world, the flesh, and the devil if we shrink howling away from any kind of toughening and training? How will you fight if you refuse to meet the enemy? How can you fight the devil if you don’t even have the guts to talk about a book?

It may or may not have been wise for the professor to assign that particular book, but it chills my blood to see yet another Catholic institution knuckle under to the demands of a knothead mob. You parents who want to protect your kids from evil: This is what the evil looks like. It looks like vicious cowardice dressed up as righteous indignation. We’ve seen this before. The ones howling “blasphemy” are always the same one panting for another crucifixion.

***

When I was about eight years old, I decided that, just once, I was going to read a story that turned out the way I wanted it to turn out.  So I wrote it myself. It was about a little girl who went to a fair, and she got to go on all the rides as many times as she wanted, and all the vendors thought she looked like such a neat kid that they gave her tons of food for free, and then she played a bunch of games and she won prizes every single time. Then she went home when she was ready to go home.

Even I knew that this was the worst story ever. Even though the little girl was tired at the end, nothing had happened. The story was devoid of conflict, which is the tension necessary to make the gears of the story mesh. No teeth, no engagement, no movement, no vroom-vroom-vroom.

My own daughter just learned this fact this morning. She was home “sick,” so she and the toddler and the dog were watching My Little Pony, which is actually not terrible. It was the episode where Shining Armor is marrying Princess Cadance (that’s how you spell it. I looked it up, everypony), and in Part II, the bridesmares turn crazy and evil. My daughter says, “How come there always have to be jerks?”

Hooray, something I went to college for! I can answer this one. I explain that when everyone is just nice and friendly and helpful all the time, it’s too boring. It may be fine in real life, but when you’re telling a story, there’s no story there.

“Oh,” she says, “Like in Care Bears.” Yes, exactly. Which is why, even I do not let them watch Care Bears. (Or, I don’t ban it outright, but I encourage a heavy atmosphere of hostility and derision around the entire franchise. This is one of the huge advantages of having a big family: all you have to do is brainwash the older kids, and if you’ve done your job thoroughly, your propaganda takes on a life of its own.)

Audiences are primed to expect conflict in a story. This  makes things more interesting, it gives us a reason to care, and, even for little kids, it makes the story more true to life. For kids, it is perfectly okay to have the mess 100% mopped up by the time the ending credits roll: all the misunderstandings are cleared up, all the misdeeds are apologized for and forgiven, and all the unrepentant characters have their just desserts delivered to them in a tidy little pastry box.

That’s for kids.

Not for adults.

In adult fiction, it is okay for things to be a little messier. There is some middle ground between the sunshine-and-lollipops world of Care Bears, and the muck of unrelenting despair that passes for postmodern fiction. There is a lot of middle ground, in fact, and that is precisely where good, thoughtful, entertaining, thought-provoking fiction sets up camp: where there is a moral universe, but it’s not a tidy one.

Not long ago, I had a conversation with a fellow who had been to a Catholic liberal arts college and somehow emerged on the other end with a B.A. and the firm impression that, for a work of fiction to earn the seal of approval from Catholics, the plot must include pretty much everything you’d expect in a My Little Pony episode — especially the parts where all sins are punished and all sinners are either damned or repentant. He said that Catholics ought not to read any book or watch any movie or play where this comeuppance is not reliable and overt. Not only did he advance this point of view in public, under his real name, but he kept it up until three separate people sent me private messages warning me that he would neither eat, nor sleep, nor relieve his bladder until I gave up and admitted he was right.

And I says to myself, I says, Sorry, Shakespeare! Sorry, Homer! Sorry, Flannery O’Connor and Evelyn Waugh, Somerset Maugham, Mark Twain, Faulkner, Melville, Dostoevsky, Chaucer, Joseph Conrad, Dickens, and Thomas “Joyboy” Mann. Sorry to you all, but you have got to go, because I’m fairly sure that on page 243, right where nice little college girls and college boys could read it, someone got in someone else’s pants and didn’t drop dead of the clap before the end of the book. And on the very next page, someone used God’s name in vain and even though a perfectly good crevasse could have plausibly opened up and swallowed him without doing much violence to the dramatic integrity of the work as a whole, IT DIDN’T HAPPEN. Is outrage!

I don’t even have to write the last paragraph of this, do I? You’re not going to argue with me are you? Are you?

Yes, ideas have consequences. Yes, the things we read have an effect on us, and if we wallow in filth, it gets deep into our pores and then the next thing you know, we don’t even want to shower. This is a real danger. But it’s just as dangerous to imagine that the Catholic imagination can produce nothing better than a Care Bears episode, a lesson in manners and morals disguised as a story.

Being a Catholic doesn’t mean foreswearing everything you know about humanity. We can recognize the difference between a novel and an instruction manual; and if we can’t, that’s not the sign of some high moral attainment. That’s a sign of a feeble mind and a limp spirit. We’re not little kids at the fair, and we can deal with someone telling us, “You don’t need any more cotton candy right now.”

***
Images: Shrinking Violet by JD Hancock via Flickr (Creative Commons)
Grünewald Crucifixion detail via Wikimedia (Public domain)