Sexual assault survivors say it’s difficult to hold the Church of Jesus Christ of Latter-day Saints — commonly called the Mormon church — legally accountable in sexual assault claims due to church policies and Utah laws, according to a report by Law360.

The way the LDS Church is structured, and its prescribed strategies for dealing with accusations — which it says are aimed at upholding a zero-tolerance policy for child sex abuse – often steer victims toward reaching private, internal resolutions and away from law enforcement and court proceedings, according to some, Law360 explains.

Further, a carve-out in the law regarding civil litigation in Utah, where the LDS Church is based, also prevents certain victims from taking their cases to court.

LDS church leadership

The LDS Church is divided into stakes, which encompass large geographic regions made up of smaller wards. Bishops lead the wards much the same way parish priests, ministers or rabbis lead their local communities in other religious organizations.

The bishop is the spiritual leader of the ward, but he is a secular man with a family who volunteers and is unpaid. Mormon bishops do not receive any specific religious training and they serve temporarily, in most cases for about five years.

A key feature of the Mormon faith is the belief that bishops have the gift of discernment, which, according to the LDS Church, helps them “detect hidden error and evil in others.”

That belief can put an accuser at a disadvantage if at a bishop hearing denials from an alleged perpetrator causes the jury to believe the perpetrator.

How accusations are handled

In 1995, the LDS Church established a 24-hour hotline to field calls from bishops and other church leaders regarding suspected or alleged abuse. However, some claim that the hotline is actually used to help cover up abuse, or at least ensure that it is not reported to external authorities.

The Kirton McConkie law firm in Salt Lake City helped the church to set up the service, and calls to it are reportedly transferred to the law firm for a consultation on the allegations being made. The firm also regularly defends the LDS Church against sexual abuse lawsuits filed against it.

Transferring the calls to the “lawyers allows the church to classify them as ‘attorney-client’ communications, protecting them from disclosure in lawsuits and other forums,” per a 2019 report by The Daily Beast.

Bishops guided to avoid legal action

When Mormon bishops are confronted with allegations of child sex abuse, a 2010 LDS Church manual tells them to “avoid implicating the church in legal matters to which it is not a party,” according to the Law360 report. The bishops are also discouraged from testifying in abuse-related court proceedings.

The handbook reportedly also gives church leaders the power to conduct their own “disciplinary councils,” to review and investigate accusations. Those matters are done in private, Law360 says.

Utah law protects LDS church, others

In 2016, Utah legislators passed a bill extending the statute of limitations allowing victims of childhood sexual abuse more time to sue their alleged abusers in civil court than previously allowed. Prior to the law, victims to file a civil claim by the time they were 22, but the new extension gives these victims until age 53 to do so, Law360’s report said.

However, organizations such as churches, schools and clubs cannot be sued under the law’s extended statute of limitations.

Civil action against LDS church is possible

Since 2000, at least 43 civil lawsuits alleging childhood sexual abuse have been filed against the LDS Church in federal and state courts, according to Law360. The cases involved accusations that the church failed to prevent or properly report abuse of 90 children. The actual number of cases could be higher as not all state records are available to search online and some might be under seal by the court.

The Mormon church is far from the only religious organization hit with sexual abuse litigation in recent years. More and more abuse survivors are coming forward with their own allegations of abuse, sometimes dating back decades.

A number of states have recently made updates to their sexual abuse laws, allowing survivors of childhood sexual abuse more time to come forward with their abuse allegations — against the perpetrators of abuse as well as any organizations that may have allowed the abuse to occur.

If you or someone you love has suffered from sexual abuse within the Mormon church, or another religious institution, you may be able to file a lawsuit. Filing a lawsuit cannot take away the pain and suffering caused by abuse, but it can at least provide some financial compensation, as well as hold those responsible for the abuse accountable for their actions and inactions.

Mormon sexual abuse litigation can be a daunting prospect, 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.