The Franciscan Friars of California recently announced that they have filed for Chapter 11 bankruptcy due to the onslaught of sexual abuse claims against the organization. As of now, the order is facing almost 100 lawsuits involving claims that go back as far as the 1940s.
According to a statement by the organization, changes to the state’s child sexual abuse laws in 2019 expanded the amount of time to file a lawsuit. Thus, victims whose cases had previously expired under the statute of limitations can seek monetary damages, even if their case is from several decades ago.
It’s estimated that the Franciscan Friars have one to ten million dollars in assets. However, they are facing around $10,000,000 to $50,000,000 in liabilities as a result of these lawsuits. Filing for bankruptcy was the logical solution, and it was revealed by Reuters that a bankruptcy petition was filed with the U.S. Bankruptcy Court in Oakland, California on December 31, 2023.
The Franciscan Friars are not the only Catholic organization to file for bankruptcy due to lawsuits by adult survivors of child sexual abuse. For example, the Roman Catholic Archdiocese of San Francisco filed for bankruptcy in August 2023 after they were hit with over 500 compensation claims. Other dioceses, including the Catholic Diocese of Oakland and the Santa Rosa Catholic Diocese, also filed for bankruptcy to facilitate settlements for hundreds of victims.
Suing someone is hard enough on its own, but what happens when the defendant is in the midst of a bankruptcy? This is one of many topics we will explore in this article, but please bear in mind that we can only provide general information. If you were sexually abused by a Franciscan Friar or any other member of the Catholic Church, please consult one of our attorneys to learn about your legal rights.
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Can I Sue the Franciscan Friars for Failing to Report Child Sexual Abuse?
Clerics and other members of a religious order that work directly with children are “mandated reporters” in California. Essentially, they are legally required to report complaints of sexual abuse, such as inappropriate touching, conversations of a sexual nature, and solicitation for sexual favors. Generally, you would contact the police, but you can also contact the county or state department of social services to file a report. This will initiate an investigation by the proper authorities, which is crucial when it comes to protecting the victim and preventing further abuse incidents.
Please note that you do not have to witness a child being abused or be told of the incident by someone that was a witness. If you have reason to suspect that a child is being molested or abused in some way, you must still contact the authorities. If, for example, a child doesn’t want to be left alone with a certain Friar or is afraid of being touched by an adult, those may be signs of sexual assault. Of course, the abuse may be occurring at home or somewhere other than the church, but erratic, unexplained behavioral changes in a child are usually the result of abuse and neglect. And as a mandatory reporter, you are required to report your suspicions to the appropriate agency.
Sadly, many of our clients we have helped over the years told priests and other church members about the abuse. Or, they exhibited clear signs of trauma due to sexual assault, yet the church did nothing to help them. If anything, they and their family members were told to stay quiet, or that the offending Friar would be dealt with. That usually meant transferring the Friar to another location and allowing them to prey on a whole new set of children.
If you were a victim of negligence by the Franciscan Friars of California, you have the right to sue the organization for monetary damages, which we can assist you with here at Normandie Law Firm.
Legal Exemption to California’s Mandatory Reporting Law
Though Catholic Church officials are required to report sexual abuse incidents, they are exempt from talking about anything that was said during confession. The practice of confession is specific to the Catholic Church, and it serves as a way to acknowledge one’s wrongdoings and seek forgiveness from God. Upon confessing one’s sins, the priest issues a penance that will absolve the confessor in the eyes of God.
One of the most important aspects of confession is confidentiality, meaning that a priest cannot reveal anything that was told to by the confessor. In fact, priests face excommunication from the church if they break this rule, even if the person has committed a crime, like sexually assaulting a child. Under the current laws, priests are not obligated to contact the authorities if a Friar comes confesses to sexually assaulting a child.
Clearly, this is a controversial practice, and many lawmakers have spoken out against the sanctity of confession for acts of child sexual assault. As for the Church’s view on this issue, there has been a recent change to Vatican law that requires “immediate reporting of abuse allegations to Vatican prosecutors.” However, this is not the same as reporting complaints or suspicion of sexual abuse to the police. With enough push from California legislators, there may be changes to the laws regarding confession, but for now, it is still a legal exemption that can be used by Catholic priests.
Can I Still Receive Financial Recovery if They have Declared Bankruptcy?
Yes, you can file a claim for sexual abuse against a religious order that is going through a bankruptcy. Many people are under the assumption that you can’t seek compensation if the company or organization lacks the necessary funds, but this is not always the case. In fact, this is precisely why the Franciscan Friars of California have filed for Chapter 11 bankruptcy.
According to David Gaa, provincial minister of the California Franciscan Friars, “…we have concluded that litigation costs and potential liability would exceed our limited financial capacity…pursuing Chapter 11 Bankruptcy is the only viable path to ensuring just, equitable, and compassionate compensation for all abuse survivors.”
Keep in mind that filing a proof of claim with the bankruptcy courts is a complicated process. It’s in your best interest to hire a law firm that’s experienced with bankruptcy claims for sexual abuse and other types of personal injury. Our legal team is ready to guide you through the process step by step and ensure that you are fairly compensated by the Franciscan Friars of California.
How Long Do I have to File a Lawsuit?
In California, the statute of limitations to file a sexual abuse during childhood lawsuit is 22 years after the victim’s 18th birthday or 5 years from the discovery of sexual abuse-related injuries. You can choose whichever date comes later, so even if you are past the age limit of 40, the delayed discovery of a physical or mental health disorder will allow you to file a lawsuit.
Previously, we mentioned how changes in the laws have allowed more victims to sue the Franciscan Friars of California for sexual misconduct. Indeed, there were significant changes to California’s child abuse laws in 2019, and as a result, many victims have come forward after decades of living silence. If you are one of these individuals, we hope you will contact us and learn about the legal options that are available to you.
Average Value of a Catholic Church Sexual Abuse Lawsuit
On average, cases for the sexual abuse of a minor settle for around $1,000,000 to $5,000,000. But your own lawsuit value is something we will have to figure out together. One thing we can say is that sexual harassment claims usually have lower values than incidents of sexual assault. For example, Catholic Church sexual assault lawsuits may be worth between $3,000,000 and $10,000,000 while harassment claims may be settled for under $2,000,000. But there are other factors that will impact what you can receive from a lawsuit against the Franciscan Friars. If you would like to know the approximate amount of compensation for a religious order sexual abuse lawsuit, don’t hesitate to give us a call.
How Long Do these Cases Take to Settle?
Based on decades of experience with these lawsuits, we would say that child sexual abuse claims take 1 to 2 years to resolve, though some cases may take just a few months. However, the fact that the Franciscan Friars of California have filed for bankruptcy adds another layer of complexity to these lawsuits. That means we will have to file a claim with the bankruptcy courts on your behalf. It usually takes over 12 months to resolve a Chapter 11 bankruptcy, with some cases taking up to several years. We can provide you with a better sense of how long it will take to settle your case during a free consultation, which you can schedule by contacting our office.
Talk to a Child Sexual Abuse Lawyer
There’s no denying that the Catholic Church concealed evidence of sexual abuse for many years, and those who were taken advantage of are still living with the scars of sexual assault and harassment. Our goal is to bring you justice and help you move forward from this painful chapter in your life.
Meeting with us for a free case evaluation is the first step, as you will need to learn about your right and legal options. If you are in the middle of a lawsuit, perhaps you would be interested in a free second opinion. Either way, we will provide you with free legal services if you decide to hire us. Under the Zero Fee Guarantee, our legal fees are factored in to your settlement award, so the only way we get paid is by winning your case.
We look forward to assisting you in your journey to recovery, so please take this opportunity to contact our law firm.
