Suspended priest Fr. Heriberto Mercado now "retired" after Diocese of Lubbock sexual misconduct investigation
Diocese says Mercado is "without faculties to function as a priest"
Father Heriberto Mercado, placed on leave by the Diocese of Lubbock, TX in March due to a sexual misconduct investigation, is “retired from ministry without faculties to function as a priest,” the diocese confirmed to me in an Aug. 9 email.
The diocese told me in April that a woman reported Mercado’s alleged sexual impropriety to their Victim Assistance Coordinator, Oscar Reyes, on March 10. The diocese said that Mercado and the woman met at one of the priest’s previous ministerial assignments.
Lubbock TV station KCBD reported in April that the diocese stated, “the violation occurred between two consenting adults, so law enforcement is not involved.”
My experience advocating for adult victims of priest sexual misconduct caused me to doubt the diocese’s original claim that the alleged sexual actions between Fr. Mercado and the woman were truly “consensual.”
If Mercado used his spiritual influence as a priest to coerce this woman into sexual activity, then she could not have truly given consent to the priest, even if she maintains that she was a willing participant. The power imbalance alone between a priest and a parishioner makes true consent impossible. And in Texas, a clergy member who uses their spiritual authority to gain sexual access to someone in their spiritual care can be charged with sexual assault.
When I contacted the Diocese of Lubbock in April to ask them about the possibility of Fr. Mercado being guilty of sexual assault due to a power disparity, they responded, “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.”
It is odd that the diocese did not deny to me that Mercado could be guilty of sexual assault but, instead, simply told me that it was not their “duty” to report sexual assaults of non-children or non-eldery to law enforcement. And, if Mercado’s sexual activity was with a parishioner, it was highly irresponsible for the diocese to tell the local news station that the situation was “consensual.”
The public may never know the true nature of Fr. Heriberto Mercado’s alleged sexual misconduct. Mercado apparently refused to submit to the diocese’s instructions for him to undergo counseling, and there is no indication that Mercado was interested in doing anything to salvage his priesthood. This man no longer being in active ministry is a good thing for all involved.
The Diocese of Lubbock made a scandalous situation even worse by choosing secrecy over transparency and only reluctantly releasing limited information when pressed. It is frustrating that cover-up is still the default strategy in many church circles.
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