A religious leader is a beacon of trust and hope for their congregants. When they betray these values through sexual abuse, they must be brought to justice by the applicable organization. Sadly, it’s not uncommon for religious organizations to bury accusations of rape, molestation, and other types of sexual abuse committed by their leaders. Countless victims have suffered in silence, knowing their abusers got away with their crimes and continued to get away them for years to come.
In such cases, it’s not enough to go after the priests, deacons, and other leaders who committed the abuse. The organization must be held accountable as well, since they failed to report incidents of sexual assault and molestation to the proper authorities. If you or your child was a victim of sexual abuse by a religious leader, you may be able to sue the church for mishandling your case and taking away your right to justice.
Can a Church or Religious Organization be Sued for Not Reporting Sexual Abuse?
Leaders of a religious order are classified as “mandated reporters” under California law. That means they are legally obligated to report incidents of sexual abuse, such as rape and molestation. The abuse, or suspected abuse, must be reported to a law enforcement agency or child welfare agency and investigated as a crime.
It’s important to note that one does not have to witness the sexual act, nor is the victim required to supply evidence of the abuse. If it can be reasonably inferred that sexual abuse is going on, the priest, church employee, or other member of authority must report the incident without delay. Additionally, the law isn’t limited to incidents of sexual abuse, rape, and molestation that took place on church property. If there are signs that a child is being sexually abused, a mandated reporter must inform the authorities right away. These signs include:
- A strong aversion or fear of a specific person, and reluctance to explain their aversion.
- Trouble walking or sitting.
- Is afraid of being touched or flinches at sudden movements.
- Doesn’t want to be left alone with a certain person.
- Is afraid to change clothes in front of others.
- Pregnancy or an STD, especially if they’re under the age of 14.
- Has knowledge about sex acts or displays sexual behavior inappropriate for their age.
- Running away from home and reluctant to explain why.
If you were a victim, you may have exhibited some or all of these signs while you were being abused. You may have even gone to a church leader, like a priest or elder, and asked for help. If that person failed to report the abuse, you may be able to sue them and the church for monetary compensation.
Increased Compensation under California’s AB-218
In 2019, California’s state legislature passed a law that allowed victims to receive three times the amount of damages from the party that tried to cover up their sexual abuse. Specifically, this refers to punitive damages, which is awarded on top of a standard settlement as a way to punish the defendants for their actions. The tripling of damages under AB-218 can significantly increase the value of punitive damages for many victims. However, this will vary on a case by case basis, which a knowledgeable attorney can explain to you in detail. To learn more about the tripling of compensation under AB-218, please speak with one of our attorneys.
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Exemption to the Mandated Reporting Law
Mandated reporting laws for religious organizations came about as a result of the Boston Globe’s investigation in 2002, which uncovered a long history of sex abuse within the Archdiocese of Boston. Five priests were criminally charged and convicted, but the victims also sued the Archdiocese and received $95 million in compensation. As a result, a priest, religious leader, and the organization itself can be sued for not reporting incidents of sexual abuse involving their own members.
However, there is one exemption to this rule, which applies to the practice of confession. In the Catholic Church, confession is the chance to acknowledge one’s sins and receive forgiveness for those sins from a priest. A priest faces excommunication by the church if he reveals anything that has been told to him in confession. The sanctity of confession continues to be upheld, so priests who are told about sexual abuse during confession are not obligated to report it.
This law may change in the future, as even Pope Francis issued a Vatican law that requires “the immediate reporting of abuse allegations to Vatican prosecutors.” But this isn’t the same as requiring church leaders to report such crimes to state and federal law enforcement agencies. Hence, there are many California legislators who are pushing to change the laws regarding the practice of confession.
How Can a Lawsuit Help Victims of Religious Sexual Abuse?
People tend to see sexual abuse as a criminal matter, and wonder why someone would file a lawsuit in the civil courts. There are three main reasons for a lawsuit against religious organizations:
Standard of proof
The standard of proof is exceptionally high in criminal cases, and the majority of sexual assault and molestation victims are unable to meet this standard. The other option is for them to sue in the civil courts, where the burden of proof is lower.
Having your own advocate
Sexual abuse victims need someone that’s on their side, and that connection isn’t always there between the victim and a government prosecutor. Ultimately, the prosecutor is trying to secure a criminal conviction, and doing so can sometimes go against the victim’s wishes. On the other hand, a sexual abuse lawsuit attorney is solely there for the victim’s needs.
The recovery process
A criminal conviction can certainly help the victim achieve a sense of resolution regarding the harm that was done to them. But there is so much a person loses when they are subjected to rape, molestation, or any other kind of sexual abuse. Making up for these losses requires monetary compensation, not just from the abuser, but from the entities that allowed the abuse to continue. The funds that are recovered can pay for counseling, physical injuries, lost income, and many other damages that the victim has suffered.
You can, by the way, file for monetary damages even if you pursue a criminal conviction. In fact, winning a civil lawsuit can lay the foundation for a criminal case, since the responsible parties have been named and ordered to pay for their actions. An experienced sexual abuse lawyer can talk to you about this in detail and help you decide on the best plan for your needs.
Statute of Limitations for Religious Sexual Abuse Cases
Civil litigation gives sex abuse victims a chance to go after their abusers long after the act has occurred. This is particularly relevant for sexual abuse cases involving children, who may not understand what has happened to them. But adults struggle as well to come forward, considering the trauma and shame a person may feel after a sexual attack.
If the sexual abuse took place on or after January 1, 2019, you have 10 years from the last act of abuse to file a lawsuit against the responsible parties. If the abuse took place before January 1, 2019, you may only have 3 years from the date of the last incident to file a claim. However, there are exceptions for child victims, who can now seek damages up until the age of 40, or within 5 years of the discovery of abuse. The “discovery of abuse” clause accounts for the fact that minors are unaware of what has happened to them until much later. The law also provides a three-year look back window for claimants who were initially barred due to the statute of limitations.
You may be one of the victims who qualify for an exemption under these rules. However, the 3-year look back window expires on December 31, 2022, so you must act right away in order to file a lawsuit for monetary compensation. Contact our office and learn about your legal options from one of our attorneys.
The Sexual Abuse Lawsuit Attorneys of Normandie
Sexual abuse is one of the hardest things to talk about, which is why victims suffer in silence for so many years. They’re also afraid of being pressured into doing something they’re not ready for, which is often the case with criminal prosecutions. The lawyers of Normandie believe in the sanctity of victim’s rights, including the right to pursue or not pursue legal action against their abuser. The important thing is to learn about your options and make an informed choice.
We know money can’t make up for what you or your child has suffered. But it can help pay for treatments and cover losses that you have sustained as a result of sexual abuse. It’s also a strong and definitive way to hold your abuser responsible, as well as the organization that protected them, for the harm they have inflicted on you. This can bring about a sense of empowerment and resolution, and help you move forward in your life.
The religious sex abuse attorneys of Normandie look forward to representing you and fighting for the compensation you deserve. With our Zero fee guarantee, you will never be billed for any of our services, since we only get paid if we win your case. So there is no risk to you in pursuing legal action and taking back control from the organization that failed you. Please give us a call and schedule a free consultation with one of our lawyers.
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