Catholic priest Fr. Heriberto Mercado suspended for alleged "consensual" sexual activity with woman he met at ministry assignment
Diocese of Lubbock's response lacks understanding of power dynamics between clergy and laypersons
This article was updated on Apr. 5 to include follow-up information provided by the Diocese of Lubbock.
The Diocese of Lubbock, Texas has placed Father Heriberto Mercado on administrative leave after allegations that the priest “crossed a boundary with an adult female,” according to an April 1 KCBD news report. The diocese told the news outlet that they did not report Mercado’s alleged sexual impropriety to law enforcement, since the activity took place between two “consenting” adults.
As someone who spent much of last year advocating for an adult female victim of clergy sexual misconduct — whose home diocese initially called her priest abuse “consensual” — this story triggered my skepticism.
I reached out for comment from the Diocese of Lubbock to help clear up some important questions that the KCBD reporting left unanswered.
The diocese told me that the woman first reported Mercado’s sexual impropriety to their Victim Assistance Coordinator, Oscar Reyes, on March 10, 2024. The diocese said that Mercado and the woman met at one of the priest’s previous ministerial assignments. They did not provide me with a timeline of when the alleged sexual activity took place.
After receiving the woman’s report against Mercado, Reyes immediately informed diocese officials of the allegations. The following weekend, Mercado’s leave of absence was announced during Mass at Mercado’s current parish assignments. Diocese of Lubbock priests and personnel were also informed via email. (At the time of this writing, no public announcement of Mercado’s suspension appears on the diocese’s website or social media platforms.)
The fact that the woman first encountered Mercado in his capacity as a Catholic priest — a man who has spiritual authority over her — raises doubts about the diocese’s claim that Mercado’s sexual misbehavior with the woman took place with the woman’s “consent.”
If the woman who reported Mercado was a parishioner of his, then the priest is guilty of clergy sexual abuse. There is no “consensual” sexual relationship between a priest and his parishioner. The power disparity alone makes such a relationship intrinsically abusive, even if the person involved in the priest’s sexual behavior appears to approve of the activity. And, in Texas, a priest may be prosecuted for sexual assault if he “causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser.”
An adult can only truly “consent” to sexual activity with a priest if that adult is not assumed to be under the spiritual authority of that priest. For example, if an atheist woman has sex with a Catholic priest that she met on a cruise ship, the priest’s actions are highly inappropriate but not inherently abusive. However, if a priest has a sexual encounter with an adult who sees the priest as a spiritual father, the priest’s actions are abusive.
[4/5/24 update: The Diocese of Lubbock told me in an April 4 email that they did not report the allegations against Mercado to law enforcement because, “Texas law does not impose a duty to report sexual assault unless the victim is younger than the age of 18 or an adult over the age of 65.” They further explained, “The woman in this case was advised by the victim assistance coordinator that if she wished and deemed appropriate, she can report to the authorities.”]
Mercado has been offered counseling but has refused, according to the diocese. They informed me that the woman in the situation has accepted the diocese’s offer to provide her with counseling.
It is unknown whether or not Mercado will return to ministry, since the diocese says the investigation into the matter is “ongoing.”
Mercado’s predicament is reminiscent of the Diocese of Reno’s attempt last year to downplay the sexual misdeeds of Fr. Patrick Klekas and return the abusive priest to ministry after “counseling and discernment.” It took months of a coordinated social media pressure campaign, lead by Klekas’ victim and I, to convince the Diocese of Reno to reverse course and permanently ban the priest from ministry.
Deciding whether or not to return a priest to the altar after he is found to have had sexual contact with one of his parishioners should not be complicated. Such a priest should be banished immediately. He should not be given the opportunity for “counseling” or “rehabilitation.” A priest who views his flock as potential sex partners is fundamentally unfit for ministry.
The fact that Mercado apparently refuses to accept even a modicum of personal responsibility by agreeing to undergo diocese counseling — a token act of clergy abuse accountability theater — raises red flags about the priest’s character. Bishop Robert Coerver should immediately and permanently suspend Mercado’s faculties to minister in the Diocese of Lubbock.
Mercado appears to have a very loyal following among Lubbock area Catholics, judging by the many comments posted on KCBD’s Facebook page expressing admiration for the priest and admonishing the news station for reporting the story. (Some of Mercado’s more unhinged fans have accused the diocese of a conspiracy against the priest or claimed that his ouster is the result of spiritual warfare.)
Uncritical support from laypeople toward popular priests who are accused of sexual misconduct perpetuates an unsafe environment for victims of clergy abuse. I ask that supporters of Mercado, and any priest accused of wrongdoing, examine the facts before preemptively denying that your beloved priest is capable of hurting someone.
I offer this invitation to the woman who reported Mercado to the diocese: I am open to hearing your side of the story. I know this may be a confusing or frustrating time for you. You may have mixed feelings right now about Fr. Mercado. I’ve been there, and I’ve helped others who have been there, too. I believe you. This was not your fault. If you wish to contact me and speak off-the-record, please feel free to email me:
Father Mercado: You are welcome to be a man and contact me, as well.
Mercado runs through female parishioners just like he runs though the parish’s money. All he does it leave these parishes in debt!
Fake story. He got cleared of his allegations and the Bishop never apologized to Mercado. He also didn’t handle it right and told everyone in the church about this. He made this private information public to EVERYONE in tbe church with an official letter. Me and him are really close friends and I knew the whole time he would never do this. I am really upset that the Bishop NEVER even apologized to Father. I am thinking about making a patiton for the Bishop to send out a letter apologizing to everyone. The Bishop and whoever made allegations against Father Herberto Mercado is really wrong for that and hope the Bishops apologizes.