Jesuit accused of sexual abuse wins in secular court invoking statute of limitations; Vatican immediately overturns Jesuit ruling on seven allegations that were judged credible.
Court of Appeal orders dismissal of case against Father Felipe Berríos due to statute of limitations
The priest commented on the ruling and reiterated his "absolute innocence in the events that were falsely attributed to me."
This Friday, the Santiago Court of Appeals ordered the dismissal of the case against Father Felipe Berríos, who was accused of sexual abuse for events that allegedly occurred in 2000 when the complainant was 15 years old.
The Court upheld the ruling of the 34th Guarantee Court of Santiago, which determined that the case had expired due to the statute of limitations.
The ruling states that "given that the criminal action has expired due to the statute of limitations (...) it is appropriate to declare the total and definitive dismissal of this case, which legally prevents determining the veracity of the events under investigation, especially the guilt of the accused."
Felipe Berríos' reaction to his dismissal
In a public statement, the former Jesuit argued that "the ruling clearly demonstrates that the judge of first instance exceeded his authority and violated due process in issuing his decision."
According to the Court of Appeals: “The determination of the existence of the investigated crime and, above all, the participation of the accused as perpetrator, accomplice, or accessory, can only be established judicially through a sentence issued within the framework of a legally conducted criminal proceeding,” which did not occur in this case,” he stated.
Felipe Berríos expressed his “satisfaction with the outcome of this case, which was initiated at my request to clarify the accusations made against me within the framework of a canonical investigation launched by a false complaint from the Foundation for Trust, which curiously preferred to air this case in the Vatican rather than in the courts of justice.”
“I regret that the Foundation for Trust and the Society of Jesus refused to co-operate with the judicial investigation and that it was necessary to resort to the judicial seizure of the canonical investigation report,” he added. He added.
Finally, Berríos reiterated his "absolute innocence in the events that were falsely attributed to me and reaffirmed that, whatever the circumstances, I will always remain dedicated to serving, with humility, the people who need me."
Public Statement
The Society of Jesus in Chile informs the Ignatian community and the public that the Dicastery for the Doctrine of the Faith (DDF), in response to the appeal filed by Fr. Felipe Berríos, S.J., has declared that it has not reached sufficient moral certainty regarding the commission of the reported offenses. Therefore, the sanctions restricting the exercise of his ministry and his expulsion from the Society of Jesus have been lifted.
It is worth recalling that in 2022, following allegations against Fr. Berríos, the Society of Jesus conducted a preliminary canonical investigation, led by external lawyer María Elena Santibáñez, which concluded that seven allegations were credible. After this investigation, the DDF ordered a penal administrative process that same year, overseen by the Argentine priest, Fr. Dante Simón, S.D.B., as Delegate of the Superior General of the Society of Jesus. The Delegate corroborated the reported events and added one more case. At the conclusion of that process, the Superior General issued two decrees regarding Fr. Berríos in April 2024: a 10-year prohibition on his publicly exercising the priestly ministry and his expulsion from the Society of Jesus.
Exercising his rights, Fr. Berríos appealed these decrees to the Disciplinary Tribunal (DDF) in June 2024. In response to the appeal, the DDF has made the aforementioned decision. This decision is not subject to further appeal.
The Society of Jesus respects the DDF's decision and will fully implement it. However, taking into account the information gathered during the Preliminary Investigation and the Administrative Penal Process, the Society of Jesus has decided to initiate a process of reparation with each of the eight individuals who filed complaints and has imposed disciplinary measures on Fr. Berríos regarding his lifestyle and apostolic activity as a Jesuit priest.
As the Society of Jesus, we reiterate our commitment to the search for truth and justice, our absolute rejection of any type of abuse, and our sustained effort to comply with protocols that ensure the proper protection of children, adolescents, and people in vulnerable situations.
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