Lawyers for Clergy Sexual Abuse

Sexual abuse by clergy occurs at devastatingly high rates. Religious institutions provide sexual predators with a unique opportunity to access and groom victims in an environment intended to be trustworthy and safe. This breach of trust is one reason why clergy sexual abuse is particularly harmful to child victims.

Quicklinks

New Legislation Allows Victims of Clergy Sex Abuse to Seek Justice
Religious Institution Sex Abuse Case Settlements
What is Clergy Abuse?
What’s Considered Sexual Abuse by a Priest or Clergy Member?
Who is the Typical Clergy Abuse Victim?
How Common is Clergy Sexual Abuse in Religious Institutions?
What Are My Rights in a Clergy Sexual Abuse Case?
Why Hire a Clergy Sex Abuse Attorney?
Criminal Vs. Civil Court for Clergy Cases
Clergy Sexual Abuse Statute of Limitations
Why Choose Herman Law’s Clergy Sexual Abuse Attorneys?

New Legislation Allows Victims of Clergy Sex Abuse to Seek Justice

Clergy sexual abuse was not a widespread topic of discussion in the United States for most of the twentieth century. While the egregious act happens at alarming rates, most clergy sexual abuse goes unreported and religious institutions help conceal it.

In many cases, existing laws limited the ability of these individuals to seek justice by filing a lawsuit against their abuser. Up until recently, victims of clergy sexual abuse across the US faced legal challenges. Because many of these individuals suffered abuse when they were children, the time to bring a lawsuit, known as the “statute of limitations,” had already expired when they decided to pursue legal action.

Recognizing the shortcomings of current legislation, certain states revised their statute of limitations time restraints to allow victims to assert legal claims for sexual abuse dating back to when they were children. Survivors now have an opportunity to seek the justice they deserve.

Religious Institution Sex Abuse Case Settlements

Many survivors of clergy sexual abuse are now pursuing legal action against their abusers and religious instutitions, and lawsuits are frequently ending in settlements.

According to CNN, the Catholic Church spent around $400 million in legal settlements from June 2017 to June 2018. As of April 27th, 2019, the New York Independent Reconciliation Compensation Program awarded a total of $65 million to 323 sexual abuse victims.

Some of the nation’s largest settlements in sexual abuse cases went to clergy child sex abuse survivors in California. Following the Boston Globe’s shocking 2002 report, California became the first state to temporarily lift its statute of limitations, giving adult victims of childhood sexual abuse 12 months to file lawsuits, no matter how long ago their abuse took place.

During the following year, hundreds of people filed lawsuits against the archdiocese of Los Angeles. The Catholic Church ultimately settled cases for over 550 plaintiffs, paying out a total of $660 million. Similarly, in San Diego, 140 plaintiffs who sued the archdiocese of San Diego for clergy abuse received nearly $400 million from the Catholic Church.

What is Clergy Abuse?

Clergy abuse is when a clergy member (e.g., priest, pastor, or minister) uses their power to exploit, harm, or sexually abuse a congregation member. Clergy sexual abuse usually involves harassment in the form of:

Unwanted sexual conversation
Sexual touching
Pressure for sexual attention
Other forms of sexual language or pressure

Clergy abuse happens within religious organizations. Many instances of clergy sexual abuse are thereby dealt with internally and frequently covered up.

According to NBC and the Associated Press, nearly 1,700 credibly accused priests and other religious figures flew under the radar with the help of leaders in the Roman Catholic Church with little to no oversight from religious authorities or law enforcement.

In addition to the Roman Catholic Church, protestant denominations with sexual abuse issues, including the Southern Baptist Convention and the United Methodist Church, have also been embroiled in clergy sexual abuse scandals.

Clergy sexual abuse has been happening for decades, but reports of the abuse have grown exponentially in recent years. Many survivors who are the alleged victims of clergy sexual abuse have courageously come forward to share the stories of their childhood abuse, finally seeking justice.

Victims can expect the response from their religious community when they file a lawsuit against their religious institution that there will be some people who are very supportive and there’ll be some people where there might be some backlash. And it’s a very complicated issue because what happens with clergy abuse cases is that people who are religious, they have a connection, they find a connection between their clergy and God. And so when someone is accusing their clergy of sexual abuse, it’s very hard for other people to understand that it’s not an indictment of their belief in God, that it’s an indictment of a man, an institution that is fallible.

Now, we’ve come a long way in this country, I think over the last decade or so. And that people really have that understanding, but not everybody. But the most important thing that I remind people of is that what we do is protect children. We protect children by exposing predators and representing victims who have been sexually abused. And so, the most important thing when it comes to the clergy, I think for victims, is to remember that they’re going after an institution that’s run by man. And it does not have anything to do with their belief in God.

What’s Considered Sexual Abuse by a Priest or Clergy Member?

Sexual abuse includes any action that pressures or coerces someone to do something sexually that they do not want to do. Sexual abuse “can also refer to behavior that impacts a person’s ability to control their sexual activity or the circumstances in which sexual activity occurs, including oral sex, rape, or restricting access to birth control and condoms.”

Some examples of sexual assault and abuse include:

Unwanted kissing or touching
Sexual contact with someone under the influence of drugs or alcohol and unable to give consent
Threatening or pressuring someone into unwanted sexual activity
Rape or attempted rape

Clergy sexual abuse involves abuse perpetrated by a member of a religious institution, including priests, ministers, deacons, nuns, pastors, or other clergy members.

According to a 2019 study conducted by the National Center for Biotechnology Information (NCBI), the most common sexually abusive acts include:

Inappropriate touching: 29.5%
Touching of the genital area under clothing: 22.5%
Touching of persons under clothing: 19.1%
Kisses on the mouth: 11.4%
Verbal approach of affected persons with sexual content: 11.4%
Touching of the primary genital area of affected persons outside of clothing: 11.3%
Touching of affected persons after undressing without further sexual activities: 9.8%
Asking affected persons to undress: 9.2%

“Hands-on” abuse (i.e., abuse involving bodily contact) occurs in more than 80% of cases.

Sex abuse can happen to children and adults in all religious institutions.

Who is the Typical Clergy Abuse Victim?

Most victims of clergy abuse are children. According to the NCBI, the mean clergy abuse victims’ age is 12. Two-thirds of those affected are 13 years old or younger when their first encounter with sexual abuse occurs. Just over 25% of victims are aged 14 years or older.

According to the NCBI, 62.8% of victims in their 2019 study were male, and 34.8% were female. Anyone can be a victim of clergy abuse, including adults.

Many victims of clergy sexual abuse suffer severe health and social injuries, including:

Anxiety
Depression
Mistrust
Sexual problems
Difficulties with interpersonal contact

Clergy abuse is incredibly traumatic and associated with many long-term emotional and psychological effects, so many survivors are hesitant to report their abuse. Survivors abused as children rarely feel comfortable speaking out until many years after their abuse occurs.

How Common is Clergy Sexual Abuse in Religious Institutions?

Clergy sexual abuse continues to be a pervasive problem within church communities. Many cases go unreported, and the abuse remains covered up.

In New York State, over 500 child abuse predators existed in the Roman Catholic Church, with the most significant number (108) being present in the Archdiocese of New York. You can find the identity of these and other predators through the Predator Priest Index.

Those numbers represent a small fraction of total abusers, yet to be identified:

The USCCB keeps data on accused priests from 1950-2008 and shows that only 5.9% of priests faced credible accusations of child sexual abuse.
In the Southern Baptist Church, nearly 400 church leaders faced accusations of sexually assaulting one or more parishioners.
Of the parishioners who attended the United Methodist Church, 1 in 2 women and 1 and 3 men experienced sexual harassment.

These studies, including the John Jay Report, certainly paint a grim picture of clergy sexual abuse. Still, the number of reported allegations has risen tremendously in recent years, mainly due to changes to state legislation, giving child sexual abuse survivors a chance to seek justice.

According to the USCCB, between July 1st, 2018, and June 30th, 2019, 4,434 allegations were reported by 4,220 clergy child sexual abuse victims throughout 194 Catholic dioceses and eparchies. These Catholic Diocese Sex Scandals represent reports of abuse between an alleged victim and their alleged accuser, whether the abuse was a single incident or a series of incidents over a period of time from 1940 to the present.

As compared to the same period in 2018, the number of allegations increased substantially. The USCCB observes that this increase is partially due to lawsuits, compensation programs, and bankruptcies, which accounted for 37% of the newly reported allegations. Out of the 4,434 allegations reported in the USCCB audit study, 37 involved current year minors, including 12 males, 19 females, and six unknown victims.

The number of priests, deacons, and other ministers accused totaled 2,982. Of the total number of alleged abusers identified, 1,052 or 35% were a part of a previous audit period.

Various states, such as Pennsylvania, are considering changes to existing legislation, coupled with the current Me-Too campaigns. So, these reporting numbers are likely to continue to increase as more survivors come forward to report the abuse they suffered at the hands of religious leaders.

Source: Report on the Implementation of the Charter for the Protection of Children and Young People, 2019 Annual Report, Findings and Recommendations, Appendix 1, United States Conference of Catholic Bishops.

What Are My Rights in a Clergy Sexual Abuse Case?

Members of a church community have a right to a safe space to worship and practice their faith. When clergy members engage in sexual misconduct, they strip away their victims’ trust, innocence, and sense of self-preservation. Many survivors of clergy abuse struggle with their spirituality and faith as a direct result of their abuse. The breach of trust that occurs is what makes clergy sexual abuse incredibly harmful to victims.

Many victims in clergy sexual abuse cases may be entitled to substantial compensation. While no amount of financial recovery can heal a survivor’s emotional and psychological scars, it can help the individual seek some closure after their traumatic incident. The amount of compensation an individual can receive is dependent on several factors, including the severity and duration of the abuse and the treatment costs for resulting injuries.

The average settlement for clergy sex abuse victims is approximately $268,000. Some survivors have acquired more considerable sums due to their extensive harm. For example, each victim in the Los Angeles Archdiocese 2007 settlement received approximately $1.3 million. In a 2019 Colorado case, the Catholic Church paid out over $7.3 million to more than 70 people sexually abused in childhood by priests in Colorado parishes. In Montclair, New Jersey, five clergy sexual abuse victims recently settled with the Catholic Church for $400,000.

In clergy sexual abuse cases, survivors of abuse can seek compensation for:

Past and future medical expenses incurred as a result of the abuse, including medical treatment, mental health counseling and psychiatric treatment, rehabilitation and therapy costs, and prescription medications
Emotional pain and suffering resulting from the abuse
Lost wages from missed work due to the emotional distress caused by the abuse
Punitive damages (in certain states)

Why Hire a Clergy Sex Abuse Attorney?

Reporting an incident of sexual abuse can be incredibly challenging for survivors. Pursuing a legal case can present additional obstacles. A clergy sex abuse attorney can help make the process more bearable for you.

Your attorney can play an instrumental role in building your case, navigating complex state law, and filing your personal injury lawsuit. Also, your clergy sex abuse attorney can assist you in reporting your abuse incident to the appropriate authorities. Per the USCCB 2019 report, attorneys started over 30% (1,470 out of 4,434) of reports of clergy sexual abuse by helping victims file claims.

Criminal vs. Civil Court for Clergy Cases

Another option is for victims to pursue criminal charges against their abusers. A person convicted of sex crimes, specifically against a child, must register as a sex offender. Some abusers face up to life in prison, depending on the level of the abuse.

Victims of clergy sexual abuse can pursue a personal injury lawsuit in civil court. In civil actions, victims can seek compensation from their abusers as financial recompense for their harm. In certain jurisdictions, including New York, the religious institution that the abuser was a member of can share liability.

As part of a civil case, a victim can also seek “injunctive relief,” or a court order directing a party to do or refrain from doing something. Specifically, injunctive relief in clergy sex abuse cases can involve directing churches or other religious organizations to take tangible steps to prevent future abuse cases.

Both civil and criminal clergy sex abuse cases are subject to various statutes of limitations or time restrictions for filing. Clergy sex abuse lawyers at Herman Law can help navigate these legal challenges for you, making sure to initiate your lawsuits timely and accurately.

Our knowledgeable team can help you understand complex legal issues, state civil and criminal laws, and potential remedies (monetary or otherwise) available to you. Our expert legal staff can also assist you by determining the type of compensation you may be entitled to and the best legal avenue to take to pursue the justice you deserve.

Clergy Sexual Abuse Statute of Limitations

Clergy sex abuse claims are subject to various statutory deadlines or time restrictions to initiate a lawsuit known as statutes of limitations. Statutes of limitations vary state by state and can differ depending on the type of claim asserted.

Many states have adopted very expansive timelines for filing child sex abuse claims. For instance, in Connecticut, the statute of limitations for criminal sexual abuse, exploitation, or assault of a minor case is thirty (30) years from the date the victim turns 18. For related civil cases in Connecticut, the statute of limitations is the same. Additionally, the court may extend the time for filing if the abuser (defendant) engaged in fraudulent concealment of the alleged sexual misconduct.

In certain jurisdictions, including Rhode Island, there is no statute of limitations in connection with criminal sexual abuse and assault cases.

Within the last few years, California, New York, and New Jersey have updated their respective statutes of limitations to allow for prolonged periods to initiate child sexual abuse lawsuits per newly passed victims’ rights bills. For instance, the Child Victims Act in New York extended the statute of limitations for civil cases to enable survivors to file a claim until they reach the age of 55. Before the Child Victims Act, the law required survivors to start a civil suit within one to five years after turning 18.

For criminal cases, the Child Victims Act extended the statute of limitations by five years, allowing survivors to press criminal charges until they turn 28.

Similarly, in California, Assembly Bill 218 revised the state’s child sexual abuse statute of limitations period for civil cases to allow filings up to 22 years after the survivor’s eighteenth birthday. The California bill also allows survivors 40 years or older to file childhood sexual assault claims.

The language in state criminal codes and other laws can be convoluted and difficult to understand. To ensure you’re filing a timely claim in your respective jurisdiction, consult with one of our clergy sex abuse lawyers.

Prosecution by Civil Authorities

One of the most high-profile civil actions involving clergy sexual abuse claims happened in Los Angeles, California. After the Boston Globe reported allegations of serial sexual abuse in 2002, California modified its statute of limitations to allow more childhood clergy abuse victims to initiate legal claims previously barred.

Over 500 plaintiffs asserted claims against the archdiocese of Los Angeles, alleging a series of abuses committed by over 220 priests, teachers, and other church clergy members spanning decades. Pastors accused of sexual abuse in these lawsuits led approximately 75% of parishes in the archdiocese of Los Angeles. A judge in California eventually consolidated the separate lawsuits, and the entire case settled for over $660 million, with each victim receiving nearly $1.3 million.

In a 2019 Colorado case, the Catholic Church paid out $7.3 million to more than 70 people sexually abused during their youth by priests in Colorado parishes, settling claims dating back over two decades. The state’s attorney general conducted an investigation dating back to the 1950s, revealing a total of 212 cases involving nearly 80 clergy members from various churches and parishes.

In Richmond, Virginia, the Catholic diocese recently announced a $6.3 million settlement to compensate 51 victims of clergy sexual abuse.

Response and Impact on the Church

In the wake of the Boston Globe’s landmark investigation, the USCCB adopted the Dallas Charter, a series of procedures meant to address clergy sexual abuse. Most recently revised in June 2018, the Dallas Charter provides mandatory reporting requirements and outlines specific steps that the Church must take to investigate claims of sexual misconduct.

There has been some success with the Dallas Charter, but the Associated Press recently released a report detailing the severe shortcomings of the Charter’s programs. For instance, many dioceses have not fully implemented background screening procedures for church employees and do not have a formal monitoring system established to oversee clergy who have committed sexual misconduct and present risks to minors.

Additionally, most dioceses do not have fully developed whistleblower protections for clergy members who report misconduct by their colleagues. The Catholic Church has certainly taken steps to address pervasive sexual abuse by clergy members, but additional improvements are warranted.

Some victims’ advocates have proposed lifting the seal of the confessional in clergy sexual abuse cases. The seal of the confessional is a Catholic doctrine that prevents priests from revealing what they learn in confession. The Vatican has repeatedly defended the seal of confessional despite the recent sexual abuse scandals in Australia and Washington D.C. According to Reuters, the Vatican argued that no government or law could force clergy to violate the confessional seal because the duty “comes directly from God.”

Contrarily, supporters of lifting the confessional seal argued that abusers utilize the seal as a tool to remain within the ministry and to re-offend. Proposed legislation in both the United States and Australia to lift the congressional seal received considerable pushback, but removing the confessional seal, even partially, could be another way to hold church officials accountable for sexual misconduct.

The Catholic Church in the United States paid out an estimated $3.2 billion to settle clergy abuse cases, according to BishopAccountability.org, a non-profit organization that tracks the issue. Because of the significant monetary settlements, the Catholic Church filed for state bankruptcy protections, closed parochial schools and churches, and sold off large tracts of land across the country. Additionally, civil and criminal court decisions saw many church officials removed from priesthood.

Media Coverage and Public Opinion

Public awareness of clergy sexual abuse has increased tenfold since the twentieth century. Many survivors are now coming forward to share their stories of abuse. Additionally, the current papacy has taken a more active role in addressing and combating sexual misconduct in the Catholic Church.

The media has undoubtedly played an essential role in disseminating information to the public about longstanding sexual misconduct by clergy members and subsequent cover-ups by religious institutions, including the Catholic Church. The Boston Globe’s 2002 report spearheaded the media’s headlining of clergy sexual abuse cases. Recent reports by news outlets focus on the impact the reporting wave has had on the Catholic Church, emphasizing the large settlements recently paid out in Los Angeles, New York, and California.

Additionally, some outlets, including NBC, have reported extensively about the wall of secrecy put up by the Church for so many years. These reports show how the Catholic Church as an institution protects itself and its priest over the rights of sexual abuse victims.

Still, other outlets, including CBS, frequently report on new investigations into the alleged illegal activities of religious institutions. Recently, the attorney general of Wisconsin revealed that the state is launching a clergy abuse investigation into Wisconsin’s five Catholic dioceses. Similar investigations are taking place across the country.

The public seems to be widely in support of such efforts to hold sexual predators within religious institutions accountable.

Process for Seeking Legal Help From Clergy Abuse

Survivors of clergy sexual abuse may have understandable reservations about pursuing legal action. A survivor’s decision to publicly share their story can be highly personal and emotional. Also, litigation can be lengthy, complex, and expensive.

The legal team at Herman Law recognizes these challenges and takes steps to make the process easier, including making referrals to certified counselors or therapists to help survivors build a support team before meeting with an attorney. The attorneys at Herman Law want to ensure survivors are supported, informed, and prepared before making any necessary legal decisions.

At an initial meeting with a clergy sexual abuse attorney, the attorney will listen to the survivor’s story and provide them with an honest assessment of their potential legal options. All information shared by a potential client is strictly confidential, even if the individual decides not to retain the attorney as legal counsel.

Also, an individual is under no obligation to move forward with hiring that particular attorney or law firm after the initial consultation. When meeting with a potential client, the attorney’s job is to listen, provide a preliminary legal evaluation, and answer any questions so that the individual can make an informed decision on whether to move forward with legal action.

If a survivor of clergy sexual abuse decides to retain an attorney, the individual will work closely with the lawyer to determine which claims to pursue. To that end, a client frequently assists their attorney in gathering necessary evidence. The attorney then re-accesses their client’s available legal options and decides which claims to pursue on their behalf.

An attorney can never guarantee the outcome of a case, but they can provide a client with a professional assessment of the following:

The likelihood of a particular claim succeeding
The range of damages that may be possible to pursue in connection with a specific claim
The investment of time, money, and resources involved in pursuing a particular course of legal action
Following this assessment, the client can then decide if they wish to move forward with a sexual abuse claim. It’s the client’s decision (not the attorney’s) to go ahead with filing a claim.

The following individuals can file a clergy sexual abuse claim: the victim or the victim’s legal guardian (birth parents or otherwise) if they’re still a child at the start of the lawsuit.

Why Choose Herman Law’s Clergy Sexual Abuse Attorneys?

If you or your child experienced childhood sexual abuse by clergy members, legal action might be an option. The process can be highly intimidating and tremendously challenging, but the clergy abuse attorneys at Herman Law are here to help you seek justice against those who harmed you.

Our team is committed to empowering victims of sexual abuse to take back their lives and begin the healing process. Our attorneys are proactive, effective, efficient, and vigorous in the representation of our clients. We continuously advocate for clients nationwide while treating them with respect and integrity. Our team has successfully secured over $400 million in verdicts and settlements for our clients who experienced childhood sexual abuse by clergy members.

At Herman Law, we can help you navigate the legal process and explain your legal rights, assist with filing a timely claim, and most importantly, serve as a support system for you and your family during this difficult time. We are committed to preserving your privacy while vigorously advocating for and protecting your legal rights.

If you were abused by a priest, then you should contact a sex abuse attorney. A lawyer who handles sex abuse cases is a person that can give you your options, can give you advice. If the case happened years ago, you can find out whether or not you can still bring a claim. If it happened recently, then you’re within the statute of limitations, then you can bring a claim and hold the perpetrator and if appropriate, the institution accountable. But you won’t know that unless you speak to a lawyer. But even before you contact a lawyer, you may, if it hasn’t been reported, contact the authorities because it’s a crime and it should be reported.

Seek Justice. Let Us Be Your Voice.

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