How to File a Clergy Sexual Abuse Claim

Understanding how to file a clergy sexual abuse claim is a key element of securing justice for the trauma caused by abuse in religious institutions. Our law firm will guide you through every aspect of a civil lawsuit, from investigations to trial representation. Contact us to schedule a free, confidential consultation about your legal options.

What Is a Clergy Sexual Abuse Claim?

A clergy abuse claim is a civil legal action intended to seek financial compensation for the financial and emotional losses caused by sexual abuse or assault. This is a separate legal process from a criminal trial, which is meant to punish perpetrators and prevent further abuse.

Clergy sexual abuse cases can be filed against individual religious leaders as well as institutions, such as churches, dioceses, archdioceses, schools, counseling centers, and summer camps.

How Do Church Reporting Processes Differ From Filing a Legal Claim?

Religious institutions have internal review processes for sexual abuse allegations, which are not connected to criminal cases or legal proceedings. In the Catholic Church, these are outlined by the 2002 Charter for the Protection of Children and Young People, which details the administrative procedures used to substantiate a sexual assault allegation and protect other individuals.

Administrative actions against abusive clergy may include removing them from ministry, placing them on administrative leave, suspending their faculties, or requesting laicization by the Vatican, also known as defrocking.

Those assaulted by clergy members may be able to access Church-funding victim assistance programs, such as funds for counseling and support groups. Using these services does not prevent abuse survivors from pursuing justice through the legal system, and the Church’s internal processes are separate from criminal or civil cases.

Outside of the institution, survivors can work with a personal injury attorney to file a civil lawsuit. This demands accountability and secures compensation for the victim’s needs, such as lost income or Post-Traumatic Stress Disorder (PTSD) treatment.

Who Can File a Clergy Abuse Claim?

Those who were abused by a religious figure can file a clergy sexual abuse claim regardless of their age at the time of the assault. If the abuse survivor is underage, their parent or legal guardian can pursue a claim on their behalf.

Representatives or estates of deceased abuse victims may be able to file suit on the person’s behalf. Similarly, a clergy sex abuse attorney can file a lawsuit against a deceased perpetrator’s estate.

Does Filing a Clergy Sexual Abuse Claim Require a Criminal Case?

No, you do not have to have a criminal clergy sexual abuse case to file a claim. While a criminal case can provide strong evidence for a civil case, the two processes are separate and can be pursued independently.

Sadly, the majority of sexual abuse victims do not report the crime to the police, particularly if they were underage or afraid of the perpetrator. We understand the significant hurdles that survivors face in a clergy sexual abuse case and will contextualize this for a judge and jury if your case goes to trial. This is to ensure that you are not unfairly treated by the court system for choosing not to report.

If you do report the sexual abuse to the police, the outcome of a criminal case is independent of a civil claim. Your lawsuit can proceed regardless of arrests or convictions.

How Do Statutes of Limitations Affect Cases Involving the Catholic Church?

The statute of limitations on child abuse varies by jurisdiction. Many states have extended the statute of limitations for childhood sexual abuse claims, recognizing issues like Post-Traumatic Stress Disorder or fear of the perpetrator may keep them from seeking legal support.

There is also no statute of limitations on certain federal claims related to childhood sexual abuse (Public Law No: 117-176).

Some states with Child Victims Act laws have enacted a look-back or revival window, allowing survivors to file claims for incidents that occurred years or decades earlier. While some of these lookback windows have expired, others remain active.

Depending on the circumstances surrounding the clergy sexual abuse, it may be possible to bring a claim based on delayed discovery. Each state has taken a different approach to this, with some bringing suits to state supreme courts.

For adult abuse survivors, the statute of limitations typically aligns with the standard statute of limitations for personal injury claims. This may be somewhere between one and five years, with only a few states having longer deadlines.

What Evidence Is Helpful When Filing a Clergy Sex Abuse Claim?

Our clergy sexual abuse attorneys will file subpoenas to secure the evidence needed for a civil sexual assault case. This can encompass a wide range of material depending on the specifics.

Official Reports: If you reported abuse to the police, these records can be invaluable support for a claim. Medical records can also support sexual abuse allegations.

Survivor Testimony: Personal witness statements provide a first-person narrative of what occurred. Our experienced attorneys use a trauma-informed interview process to prevent retraumatization while gathering details.

Church Records: Personnel files, internal correspondences, and assignment records can identify prior complaints, transfers, and warning signs that church leaders may have ignored.

Government Reports: Attorney Generals from multiple states have conducted thorough investigations into alleged sexual abuse by Catholic Church officials, including Michigan, Illinois, and California.

What Challenges Commonly Arise in Cases Involving Religious Institutions?

Having handled hundreds of clergy sexual abuse claims, we are highly familiar with the challenges that arise and can confidently navigate them on your behalf.

Institutions may claim that they were not aware of the abuse and could not have intervened, or they may attempt to use evidence of mental health treatment to discredit you. We can rely on common law, such as Jaffee v. Redmond, to assert your right to privacy and protect these confidential records from discovery.

For abuse that occurred decades prior, records and witness statements may be missing or incomplete. We will rely on our years of expertise to secure all possible evidence, including using subpoenas to uncover hidden records. We will also determine the appropriate jurisdiction for your claim to ensure all claims proceed smoothly.

How Our Law Firm Can Help You Recover Financial Compensation

Injury Lawyer Team understands that filing a sex abuse lawsuit can be overwhelming, but we’re here for you every step of the way. We have been named one of the Best Attorneys of America for our compassionate, client-centered approach.

As Distinguished Justice Advocates, our attorneys are known for meticulous evidence gathering, comprehensive case management, and persuasive settlement negotiations. We have a 98% success rate across over 5,000 cases nationwide.

We work on a contingency fee basis, meaning that you pay no legal fees unless we secure a successful settlement or verdict. To schedule a free, confidential consultation with a caring attorney, call us at 866-757-6452 or use our online contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.