Clerical abuse shatters lives — it violates the victim’s sense of trust and often leads to life-long emotional struggles. While most have heard about the Catholic Church’s clerical abuse scandals, it’s important to remember that clerical abuse has been shown to take place in all religious traditions. Islamic, Jewish as well as Christian leaders from various denominations have been accused and found guilty of abusing children. Below you’ll find key points to keep in mind if you or someone you know has been abused by a clergy member, along with information about how a clergy abuse attorney can help.
Time matters
In the United States, most clergy abuse cases fall under state law, although there are exceptions — this creates a complex interplay of applicable rules that must be adhered to in both civil and criminal matters. Many states have statutes of limitations that require sexual abuse cases to be initiated within a specific time period. In some states, the statute of limitations begins as soon as the abuse takes place and in others when the event is remembered. Depending on the state, waiting too long to report the event can foreclose later criminal action.
What happens if the statute of limitations has expired?
It’s critical to speak with an attorney who specializes in clergy abuse cases before determining that the statute of limitations has passed. Many states have carved out specific exceptions that might be applicable in specific cases. Others have created civil processes to permit victims to confront their abusers in court even after the criminal statute of limitations has passed.
What’s the difference between criminal and civil law when it comes to clerical abuse?
Criminal cases technically involve two parties, the defendant and the state. A federal or state prosecutor charges the defendant, gathers evidence and presents the case to a judge or jury. If a defendant is found guilty, a judge determines the penalty based on rules laid out in the applicable statute. Options include jail, prison and fines. Civil cases, on the other hand, involve two private parties: the plaintiff and the defendant. There’s no criminal judgment involved, and the only remedy is monetary. The plaintiff bears the responsibility for gathering evidence and presenting the case to a judge or jury, and the burden of proof is lower than in criminal cases.
How can a clergy abuse attorney help?
An experienced clergy abuse attorney can help victims determine whether they have a case and how best to proceed. They have expertise dealing with issues such as statutes of limitations and can help determine whether a civil case might be an appropriate remedy. A clergy abuse attorney can also reduce the amount of stress the process creates by providing experienced guidance, helping with evidence gathering and communicating with opposing counsel on the victim’s behalf.
