Michigan Supreme Court to establish legal precedent in Diocese of Lansing sexual assault appeal case
(CBS DETROIT) - The Michigan Supreme Court is taking up an appeal involving the Diocese of Lansing that will create a legal precedent for future sexual assault cases in the state, particularly concerning the time limit for victims who were minors at the time of the assaults.
Brian McLain says he was sexually abused as a minor in 1999 by a Roman Catholic priest, Father Richard Lobert, while at the W.J. Maxey Boys Training School in Whitmore Lake.
"I had spoken with him about something I had done as a juvenile, and I wanted to repent for it. And he ultimately used that against me and, on numerous occasions, used it against me to have him do things to him sexually," McLain said.
He didn't speak to anyone about it until decades later, unpacking the trauma with his therapist.
Wanting some accountability, McLain is trying to sue the Diocese of Lansing, the Archdiocese of Baltimore, and his alleged abuser, Fr. Lobert.
"I just want to applaud Brian and his bravery for stepping forward," said Ven Johnson, McLain's attorney.
Johnson and his team appear in front of the Michigan Supreme Court, which decide if the lawsuit was timely under the state legislature's 2018 amendment to the statute of limitations.
That amendment allows victims of criminal sexual conduct while minors to file a lawsuit at any time before turning 28 or within three years of discovering the damage done.
"People like Mr. McLain very typically don't come forward right away and don't necessarily understand the nature of what occurred to them when they were children," Christopher Desmond, chief appellate attorney for Ven Johnson Law, said. "And so when the legislature has taken steps to provide a remedy to those individuals, it's incumbent that our court system allows those cases to go forward."
A spokesperson for the Diocese of Lansing provided the following statement to CBS News Detroit:
"Because the ruling of Michigan's Court of Appeals correctly applied Michigan law, we are asking the Michigan Supreme Court to uphold that ruling. As the matter is in litigation, it would be inappropriate to comment further at this time."
The Michigan Supreme Court is expected to hear arguments as early as this spring.
