Yet another legal complaint against Cardinal Woelki. Founder of victims' organisation interview

Complaint against Cardinal Woelki: Those affected suffer under the burden of proof

A new complaint was filed against Cologne Cardinal Woelki on Tuesday. The accusation: attempted fraud. Matthias Katsch signed the complaint. He fights for the rights of people who have experienced sexual violence at the hands of clergy.

WDR: Why did you file a complaint?

Matthias Katsch: I am appalled that the Archdiocese of Cologne, a public corporation after all, has apparently attempted to deprive a severely burdened woman who was abused by one of its priests during her childhood and adolescence of appropriate compensation.

It was quite a bold move for the Cologne Cardinal, of all people, to declare in court that the priest who took in the child with the permission of the then cardinal did all this in his "free time." I find it indecent that he is now also alleged to have withheld important documents for the victim. That's why I filed a complaint.

WDR: What is the problem for those affected who dare to sue?

Katsch: Victims of childhood sexual violence who want to take action against the church that failed to protect them regularly suffer from a lack of evidence. This is how the Code of Civil Procedure is designed. The plaintiff must prove everything, the defendant does not have to prove anything; it is sufficient to deny knowledge. But then you must not be caught denying having relevant information despite knowing better.

Matthias Katsch's Story

Matthias Katsch was one of the first people in Germany to have the courage to publicly disclose that he was abused by a priest as a child. Together with fellow students from Berlin's Canisius College, he triggered the Catholic Church's abuse scandal in 2010. He founded the victims' organization "Eckiger Tisch e.V." and is internationally committed to fighting sexual violence against children and promoting better investigation and compensation by the Church.

WDR: A new law should actually help, but what is it about?

Katsch: The law to strengthen structures in the fight against sexual violence, which was passed shortly before the end of the last legislative period, actually provides for a right of access to files for those affected. It is unclear to what extent this also includes Church files.

WDR: So does the law help?

Katsch: As far as the Church is concerned, apparently not yet. Further clarification is needed. But above all, the institution must then make everything accessible, even if this information can then be used in compensation claims.

WDR: You write in your complaint that "the Cologne public prosecutor's office has shown conspicuous leniency toward the Archbishop of Cologne in the past." Is it wise to make blanket accusations of unfairness against the judiciary?

Katsch: Whether that's wise or unwise, I don't know. However, it is my impression that there was a degree of generosity in the investigation and the dismissal of the perjury proceedings against the cardinal. As a thank you, he then quickly reinterpreted this as an acquittal.

WDR: What do you expect from the Church?

Katsch: All of this could have been avoided if the Church had responded to the Plaintiff's efforts to reach an appropriate settlement. Instead, it repeatedly refers to its own highly problematic recognition proceedings. Either the procedure must be fundamentally reformed, or the Church must face the numerous court proceedings and stop hiding its responsibility behind the rule of law whenever it suits its interests.

WDR: And what do you expect from politicians?

Katsch: As with the investigation, the matter of compensation has largely been left to the Church alone. Therefore, the state shares a responsibility here to ensure a fair, transparent, and comprehensible compensation solution. Otherwise, the options for Plaintiffs to go to court would have to be improved. This applies in particular to the burden of proof and the statute of limitations defense. This has no place in these proceedings.

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