The time survivors of clergy sexual abuse have to file a lawsuit is typically governed by the statute of limitations, which varies depending on the state where the abuse occurred. Many states have extended or even eliminated the statute of limitations for child sexual abuse cases in recent years.
However, there are other factors that can affect the timeline in a clergy sexual abuse case. Discussing your options with a clergy sexual abuse attorney is the best way to understand any possible deadlines for getting justice. Most attorneys handling these cases provide a free, confidential consultation for survivors.
Each State Sets Deadlines for Pursuing a Clergy Sexual Abuse Case
Each state has its own laws regarding the statute of limitations for filing claims for those who endured sexual abuse as children. Some states have special provisions for cases involving clergy abuse, too.
In general, states usually structure their statutes of limitations in these cases by giving survivors a certain number of years to sue after they turn 18. Additionally, some states have a discovery rule. This delays the ticking of the clock until the survivor discovers or reasonably should have discovered the abuse and its effects on their lives.
This is key in cases where repressed memories or delayed recognition of harm play a role.
Recently, several states have passed legislation to extend the time limits or open temporary windows allowing survivors to file claims regardless of when the abuse occurred. This has provided many people—even some who previously ran out of time to sue—to file cases against churches, dioceses, and other religious organizations.
The best way to learn what your legal options might be is to consult with an attorney who is representing survivors in clergy sexual abuse cases. They can assess your case and explain the specific laws and time limits applicable to your situation.
Trends in Child Sexual Abuse Laws Are Expanding Timelines for Survivors
In recent years, there has been a trend of states eliminating or expanding the time survivors have to file a lawsuit based on childhood sexual abuse. These changes reflect a broader shift toward recognizing the rights of survivors, the importance of addressing past wrongs no matter how long ago they occurred and preventing future abuse.
According to the National Conference of State Legislatures, some of the states that have no statute of limitations for filing a lawsuit in current clergy abuse cases include:
- Alaska
- Colorado
- Delaware
- Florida, applicable only to sexual battery offenses on those under age 16
- Illinois
- Louisiana
- Maine
- Nebraska
- Nevada
- New Hampshire
- Vermont
Many of these states allow individuals to file a lawsuit against a religious organization or diocese for clergy sexual abuse that occurred at any time in the past. Others still honor previous statutes of limitations that expired.
Additionally, some states have very lenient periods for pursuing this type of case. For example, in Oklahoma, Okla. Stat. tit. 12, § 95(6) allows survivors to file lawsuits until their 45th birthday, and Pennsylvania gives survivors up to 37 years after reaching age 18 to file a lawsuit, per Pa. Cons. Stat. tit. 42 § 5533(b).
Why Are States Updating Deadlines for Clergy Sexual Abuse Lawsuits?
Deadlines for childhood sexual abuse lawsuits are constantly changing. Some states have no deadlines and no exceptions to this rule, while others are complex and have discovery rules, observe previous statutes of limitations, and have new deadlines for those who experience abuse today.
In general, though, most are hearing legislation that grants longer periods to sue and gives survivors more time to come forward.
The reasons for this trend include:
Delayed Disclosure
Survivors of child sexual abuse often do not disclose their abuse until many years later. It is common for survivors to suppress memories or be unable to process their trauma until adulthood, well past the original statute of limitations. Extending or eliminating these limitations allows survivors more time to come forward.
Psychological Impact
Understanding of the psychological effects of sexual abuse has evolved greatly over the last two decades. Recognizing that trauma can have long-lasting effects and that survivors may need significant time to come to terms with their experiences has driven changes in the law.
Justice and Accountability
Eliminating the statute of limitations helps ensure perpetrators and the institutions that enabled abuse are held accountable, regardless of when the abuse occurred. It provides an opportunity for justice that was previously denied due to arbitrary time limits. This is especially important because some credibly accused clergy members have continued to abuse children and teens for decades.
Public Safety
Allowing survivors to come forward at any time can help identify and stop serial abusers who might continue to pose a threat to others. It can also lead to systemic changes within institutions to prevent future abuse.
Many survivors state this is a crucial reason why they decided to come forward. They want to prevent other children from enduring the same abuse they did.
Institutional Responsibility
Many of the changes in the law have been driven by high-profile cases of abuse within institutions like the Catholic Church, where widespread and long-term abuse was covered up.
Extending the statute of limitations allows for greater scrutiny and accountability of these institutions, many of which likely hid reports of abuse and sided with their clergy members instead of survivors for decades.
Legal and Advocacy Efforts
Survivor advocacy groups and legal experts campaigned for changes in the law, emphasizing the need for justice and reform. Their efforts have brought about greater awareness and supported legislative change.
For example, a four-year investigation by the Maryland Office of the Attorney General into child sex abuse allegations against the Archdiocese of Baltimore inspired lawmakers to pass the Maryland Child Victims Act of 2023.
This Act eliminated the deadline for filing these lawsuits in Maryland. This includes those who ran out of time to sue under previous statutes of limitations.
Precedents in Other States
As more states have reformed their statutes of limitations, others have followed suit. In this way, the precedents set by other states are helping to create more survivor-friendly laws nationwide.
Many states that have not yet adopted no limits or long limits for child sexual abuse cases have already heard legislation or have lawmakers who are fighting for these changes.
What Happens When the Diocese Files Bankruptcy?
With so many more survivors able to come forward and file claims due to the expansion or elimination of the statutes of limitations on these cases, many dioceses are responding by filing bankruptcy.
This puts survivors in a precarious position and changes how their case will proceed. It does not mean they will not hold the diocese accountable and recover compensation, though.
In the last two decades, several dozen U.S. Catholic religious organizations have sought bankruptcy protection under Chapter 11. Under Chapter 11, the bankruptcy court will evaluate and reorganize the organization’s assets. This allows them to pay off debts while maintaining the money necessary to operate. The debts in these cases include the lawsuits filed by clergy abuse survivors.
When a diocese or Catholic organization files for Chapter 11 bankruptcy, the action suspends all civil lawsuits against them, including clergy abuse lawsuits. The bankruptcy court will form a creditors’ committee, which includes representatives for the survivors. This committee works with the diocese to negotiate a settlement for those who have pending lawsuits. This can be frustrating for survivors because:
- Their case is no longer heard in a civil court or based on what they experienced.
- This process typically includes the creation of a compensation fund for abuse survivors.
- The survivors must file new claims with the bankruptcy court, detailing their abuse and the damages they seek.
- The compensation could vary significantly based on the number of claims and assets set aside for the fund.
- The sense of justice often falls short of that gained through individual litigation.
The bankruptcy court generally sets a strict deadline for filing these claims to recover money from the compensation fund. This occurs regardless of the statute of limitations in the case. This is another reason why it is vital to speak to an attorney about your potential clergy sexual abuse case as soon as possible. You could lose the right to hold them accountable, even if you live in a state with no statute of limitations on these cases.
Sometimes, the courts could order the religious institution to take other steps to support survivors and prevent future abuse.
This could include:
- Implementing measures to prevent future abuse, such as improved training, background checks, and oversight procedures
- Establishing programs to provide ongoing support and counseling services for survivors
What Damages Are Recoverable in a Clergy Sexual Abuse Case?
In a clergy sexual abuse case, survivors may seek various types of damages from the organization that allowed the abuse to occur. This includes:
Compensatory Damages
These are intended to compensate the survivor for the harm suffered. They could include economic damages such as:
- Medical Expenses: Costs for medical treatment, therapy, counseling, and any future mental health care
- Lost Income: Compensation for any lost income due to the abuse, including future earning potential if the survivor’s ability to work suffers
- Costs and Attorneys’ Fees: In some cases, the court may order the defendant to pay the survivor’s legal costs and attorneys’ fees.
- Other Financial Losses: Any other out-of-pocket expenses directly related to the abuse or necessary treatment
These cases also seek non-economic damages for survivors. These are the intangible losses suffered, such as:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the abuse
- Emotional Distress: Damages for psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD)
- Loss of Enjoyment of Life: Compensation for the diminished quality of life and loss of enjoyment of activities
- Loss of Consortium: Damages for the impact on personal relationships, including loss of companionship and intimacy
Punitive Damages
These are intended to punish the diocese or other defendants and deter similar conduct in the future. Punitive damages are not always awarded but may be if the defendant’s conduct was particularly egregious or malicious. This often occurs in cases where the church covered up or purposefully ignored reports of child sex abuse by clergy or other staff.
How Do Clergy Sexual Abuse Cases Work?
Most clergy abuse cases are against a church, diocese, or church-sponsored organization. If a religious institution is found to be complicit or negligent, it may be held liable for the actions of its clergy. Depending on the statute of limitations where the abuse occurred and other factors, this could occur decades after the abuse.
When a survivor comes forward and alleges abuse, they provide an account—often in the form of video—of what they endured. Their attorney gathers additional evidence to support their case and files a complaint against the religious institution in question. This could be a church, school, organization, diocese, or archdiocese.
Sometimes, numerous survivors come forward with claims about the same perpetrator, or an attorney identifies additional survivors during their investigation. When this occurs, they can file individual litigation or the attorney can treat them as one case.
Clergy Abuse Lawyers Manage These Cases Based on Contingency
There are many reasons why survivors hesitate to come forward and report abuse. Worrying about how to pay an attorney to manage the case should not be one of them. Most attorneys representing survivors are doing so based on contingency. This means you pay nothing upfront for their services.
Their costs and fees come from the money they recover for you. You only pay if they win your case, never if you do not receive a payout. This makes it possible to hire an experienced, skilled, and aggressive attorney with a long track record of winning these cases regardless of your current financial situation.
Talk to an Attorney About Your Legal Options and Next Steps Today
Discussing the statute of limitations and other deadlines that might apply in your case with an attorney is the best way to understand your legal options and next steps. Most law firms representing clergy abuse survivors provide a free, confidential consultation so you can learn more.