Joanna Szabo  |  May 5, 2021

Category: Legal News

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praying hands on top of bible

Although religious organizations including the Catholic Church and the Church of Scientology may be sanctuaries of safety and community for some members, according to reports from victims, these organizations may also be rife with sexual abuse.

People who suffered as children from sexual abuse within a religious organization may now be able to file litigation against the organization and pursue compensation and justice, years or even decades after the fact.

How Does Sexual Abuse Occur in Religious Organizations?

Sexual abuse may occur in religious organizations when adults who are affiliated with the organization take advantage of young church members, students, or vulnerable adults. Two religious organizations that have been accused of perpetrating or covering up instances of sexual abuse include the Catholic Church and the Church of Scientology.

Unfortunately, sexual abuse is a prevalent problem amongst religious groups, according to recent reports. Stories of abuse and efforts to cover it up have made headlines in recent years. VICE digs into why religious organizations seem to be so inextricably linked to sexual abuse.

VICE quotes Janet Heimlich, author of Breaking Their Will: Shedding Light on Religious Child Maltreatment. Heimlich reportedly told the Huffington Post that many religious organizations rely on an authoritarian culture and strict social hierarchy.

In many religious organizations, children may be encouraged to revere authority figures. These elements can exist in extreme forms in some organizations, but may be present in less intense forms in others. In either case, these elements can reportedly affect a child’s ability to recognize abuse or report sexual abuse when they experience it.

Heimlich notes that in many religious communities, “the good of the faith community as a whole takes priority over members’ individual needs.” She says that children in religious authoritarian cultures are more likely to suffer abuse and neglect than their peers.

VICE goes on to explain that recent reports of abuse in religious organizations explored how if an organization did have a reporting structure, it was often internal. This meant that if a victim had an allegation of abuse, it was handled within the organization rather than being turned over to law enforcement. Such was the allegedly the norm in instances of abuse in Orthodox Jewish communities in Melbourne and New York, says VICE. Victims asserted that this was also Southern Baptist Convention’s approach to handling abuse, explains the New York Times.

The Mormon church began a hotline in 1995 for victims of abuse, but victims’ advocates note that the internal helpline may have served to prevent victims from reporting the abuse outside of the church.

“Far be it from me to question their motives,” said Marion Smith, a retired sex abuse counselor and founder of the Intermountain Sexual Abuse Treatment Center. “But it concerns me that they feel it necessary to run it through their team instead of saying that any abuse has to be reported to police, which is the protocol anyway.”

Another investigation by VICE found documents that suggested that the hotline helped shield the Mormon church from potential litigation.

Over the past several years, more than 10,000 cases of sexual abuse perpetrated by members of the Catholic clergy have been reported by victims or uncovered by investigators in the Catholic Church sex abuse scandal. Thousands of these victims have filed lawsuits against the church, the individual clergy members involved, or both. Many of the accusations have been filed against priests or other clergy members who are already dead, and involve crimes that were committed years or decades ago.

In response to these accusations, many Catholic dioceses in the U.S. have created victim compensation funds. These funds are meant to provide victims who have been deemed credible with an avenue towards pursuing compensation and justice for these abuse crimes. The Catholic Church has historically been wary of paying out compensation for victims who claim they were abused by priests, due to concerns that the amount of claims lodged against the church could lead to bankruptcy.

While victims who wish to avoid a legal trial may choose to pursue compensation from a victim compensation fund, the financial amounts offered in these settlements are usually much smaller than what victims may be able to obtain through a lawsuit against the individual clergy members or the church itself.

Additionally, victims who accept financial settlements through these funds may be required to waive their legal rights to pursue future compensation or accountability from the church, and may not even be allowed to talk about their experiences.

Due to these drawbacks, many victims may choose to report their religious sexual abuse experiences to the authorities, rather than going through a church-affiliated compensation program.

Victims who were harmed by affiliates of the Church of Scientology may have no other choice than to report their abuse to the authorities or file a lawsuit, as that religious organization has vehemently denied the many sexual abuse allegations against it. According to victims who have come forward to accuse the Church of Scientology of abuse, the church may have knowledge of many of these instances and attempted to cover them up by harassing or threatening victims who wish to come forward.

A number of other religious organizations have been hit with child abuse allegations.

How to Report Sexual Abuse

How do I report sexual abuse in church?

Victims of sexual abuse may be able to report this abuse in a variety of ways. People who are in immediate danger of further abuse may be able to call 911, contact their local police department, or go to a medical center for help. Other victims may be able to call the National Sexual Assault Hotline, or reach out to an organization such as RAINN that partners with victims of abuse or violence. There may also be organizations at the local or state level offering help to victims of abuse.

What is Needed to Report Sexual Abuse?

Those who wish to report their abuse may need evidence in addition to their own testimony. This evidence may include medical records, photos of injuries, or witness accounts. However, in many cases of sexual abuse, there is little or no evidence to provide other than the victim’s own story.

This is often exacerbated by a few things. Firstly, time: it can take abuse victims years to speak out about their suffering, and in that time, potential evidence may have disappeared. Secondly, cover-ups: some individuals or organizations may negligently ignore claims of abuse and fail to obtain available evidence, or may even actively seek to cover up these kinds of allegations, burying or destroying relevant evidence.

Is it Possible to Report Sexual Abuse Years Later?

Depending on the statute of limitations in your state, you may be able to report sexual abuse for years or decades after it has occurred. Many states, including New York and New Jersey, have recently updated their statute of limitations laws regarding sexual abuse cases. These updated laws allow victims significantly more time to come forward, and in some states, look-back windows have been opened where victims whose cases have already expired may be eligible to reopen them.

In New York, for instance, victims of child sex abuse now have until they turn 55 years old to file a civil lawsuit, and the look-back window has been extended a few times, most recently until Aug. 14, 2021.

Especially with the introduction of these expanded child sex abuse laws, more and more victims are now coming forward all across the country, filing litigation against their abusers as well as the organizations, both religious and secular, that allowed the abuse to take place.

If you are a victim of sexual abuse that was perpetrated by a Catholic clergy member or affiliate of the Church of Scientology, you may be able to report this abuse or file a lawsuit against the religious organization that allowed it to occur. Victims who pursue litigation may be eligible to recover compensation for their injuries or experiences, and for pain and suffering.

Filing a lawsuit can be a daunting prospect, especially over something as traumatic as child abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Church Sex Abuse Lawsuit Investigation

If you or a loved one were a victim of religious sexual abuse, you may be able to take legal action against your perpetrator and others who turned a blind eye to the sexual abuse. Use the form on this page to submit information about your clergy sexual abuse.

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This article is not legal advice. It is presented
for informational purposes only.

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