Catholic Church Sexual Abuse

The multitude of sexual abuse allegations against the Catholic Church has rampantly accumulated since 2002 thanks to the exposé of the Boston Globe. Although allegations have been made in the earlier years, it wasn’t until the publishing of the investigative piece that more victims and survivors were empowered to come out. This spurred other papers to publish and investigate the abuses and rallied more attorneys to come after abusers in the clergy.

Today, almost two decades after, victims are still emerging. Fortunately, US States have since amended laws to lengthen or remove the statute of limitations for child sexual abuse (CSA) and to oblige clergy to report instances of sexual violence or misconduct. The amendments are game-changers especially for CSA victims and survivors who want to hold their abusers accountable even after decades.

Catholic Church Sexual Abuse in Illinois and the US

According to the annual audit of the United States Conference for Catholic Bishops (USCCB), “The number of allegations of sexual abuse within the Church saw a dramatic increase in the audit conducted for 2019.” The report, which covered July 2018 to June 2019, showed 4,434 complaints of sexual abuse in 200 dioceses across the country as opposed to the 1,451 allegations in 2018; 693 in 2017; 1,318 in 2016; and 903 in 2015. Of the 4,434 allegations, 2,237 were substantiated and deemed credible.

The organization Survivors Network of those Abused by Priests (SNAP), however, noticed in the same report that 863 allegations were tagged as “unknown” with 956 others as “ongoing.” In March 2019, the Chicago Tribune reported that, with the list provided by the attorneys of the victims, about 400 priests in the State of Illinois had been accused of child sexual abuse. The list exceeded the almost 200 priests identified by the six Catholic dioceses in Illinois.

ProPublica also initiated a Credibly Accused database that identified abusers in the US Catholic clergy, both currently and formerly in the ranks. Below is a list of Catholic dioceses in the STate of Illinois with priests involved in sexual abuse:

Legal Theories to Hold the Catholic Church Liable for Sexual Abuse

Because Catholic priests and other clergymen are under the governance of the Catholic Church and work as their agent, the Church may be held liable under several scenarios:

The Church, having accepted the priest as part of the institution and having him act as a representative, may be accountable for the priest’s offenses;
Negligent hiring. The Church may have neglected to do necessary steps, like a background check, in ensuring that their priest has no prior misconduct and is safe around children and other vulnerable Church members.
Negligent supervision. The Church may have failed to supervise the priest and intervene when necessary.
Negligent retention. The Church failed to address and investigate allegations against the priest. In most cases prior to the Boston Globe exposé, clergy members alleged sexual abuse were moved to another diocese without further investigation. Some cases also chose private settlements that barred victims and their families from ever mentioning details of the abuse.

Sexual Abuse Settlements Against the Catholic Church

There have been numerous lawsuits against the Catholic Church for sexual abuse cases. In an effort to minimize the publicity of the cases, the Church has been working on settlements and including nondisclosure agreements. Among the settlements made are:

In May 2020, the Roman Catholic Diocese of Saint Cloud in Minnesota Church will pay $22.5million to 70 victims accusing 41 priests of abuse dating back to the 1950s. The diocese will also file for bankruptcy as part of the settlement.
In June 2018, the Archdiocese of St. Paul and the Minneapolis area made a $210 million settlement with 450 sexual abuse victims. The settlement of $210,290,724 was estimated to be the second-largest compensation by a US Catholic Church.
In 2007, The Roman Catholic Diocese of San Diego settled with 144 sexual abuse victims for $198 million. The settlement was twice the original offer to resolve the allegations of priests abusing scores of young men and women.
In 2003, the Boston clergy made an $85 million settlement with 552 victims. At the time, this was the most expensive settlement of the Church for sexual violence.

Signs of Abuse in Children

Learning to detect distress or discomfort in children is one way of potentially preventing abuse. There are a number of red flags that could manifest in children who have been sexually abused; however, victims will always respond differently. Some signs you must look out for are:

Regressive behavior or using old behaviors like bedwetting;
Age-inappropriate sexual behavior;
Excessive talk on sexual topics;
Refusing to remove clothing or being left alone;
Refusing to talk;
Change in mood (increased aggression) and eating habits;
Lost of interest in friends, hobbies, school;
Self-harming;
Self-isolation;
Low self-confidence;
Unexplained health problems like stomach upsets and headaches; or
Nightmares.

FAQs about Sexual Abuses

Can I still file a case against the priest and the Church even if the abuse happened years ago?

Yes. The statute of limitations for criminal child sexual abuse cases has been removed in the State of Illinois. The other states have also amended their statute of limitations for sexual abuse cases. In August of 2017, the Illinois Senate finally removed the statute of limitations for criminal charges involving child sexual assault and abuse. The statute of limitations for civil cases, however, is different from criminal charges.

For civil lawsuits against child sexual assault and abuse, civil cases still have limitations depending on the age of the victim. If you have been assaulted past 18 years old, you may only file a civil case two years following the incident. After the said timeline, you may be barred from collecting damages. If you have been abused as a child, you may file a civil lawsuit against your offender within 20 years following your 18th birthday or the time you discovered you were abused as a child.
If my abuse happened years ago, how will I prove it?

Civil lawsuits have less burden of proof standards as opposed to criminal cases. In civil lawsuits, you’ll be using the preponderance of the evidence. You need only prove to the judge or jury that there is a greater than 50% chance that the offender has done the crime. A criminal case, however, will require proof that the abuse happened beyond a reasonable doubt.

Because some of the abusers in the clergy have died, the burden of proof relies mostly on the victims. In this scenario, you may use healthcare experts to substantiate claims using certified diagnosis along with credible recollection of the abuse. Proving that the Church may have known of the abuse and have not acted on it may help your case.
Who should I sue for my abuse?

You may file a civil or criminal case against your primary offender; however, in a criminal case, you stand to prove that your abuser is guilty beyond a reasonable doubt which is a high burden of proof. Although the perpetrator will potentially face prison time, you won’t be entitled to damages enough to cover all necessary expenses for your recovery. In a civil lawsuit against your offender, they can only pay with their own assets or if their insurance covers their case. Sexual abuse cases, however, are typically not covered by insurance because of their deliberate nature.

The most viable option is to file a lawsuit against the Catholic Church as they may have been neglectful in placing, supervising, and retaining the accused clergy. The Church may have had knowledge of the abuse but have failed to investigate the claims. They may have also prior knowledge of the priest’s abuses but have opted to move instead of relieving him from the position.
What happens if the parish or diocese has already declared bankruptcy?

Due to the financial toll brought about by numerous sexual abuse litigations, some dioceses have filed for bankruptcy. This move, however, doesn’t shelter the Church from their inescapable responsibility towards victims. While filing for bankruptcy may affect the number of claims as victims become creditors of the Church, claims are still possible but through a bankruptcy court and trustee.

Due to the rising number of sexual abuse cases, the Church has been moving its assets to limit victim compensations. Apart from this financial move, the statute of limitations may also be against you; hence, you’ll need an aggressive team to represent you.
How can I get help if I’ve been abused by a priest or clergy member?

There are multiple emergency hotlines in Illinois to assist you with counseling, medical needs, trauma and therapy services, and reporting to authorities. If you or anyone you know decides to explore their legal option, you may reach out to our team at America’s Consumer Lawyer. We strive to make a space safe and conducive for sharing intimate information about your case, and our attorneys work hard in bringing you justice while maintaining your privacy.

If you suspect a case of child abuse or risk for abuse, you may call the DCFS 24-hour Child Abuse Hotline at 800-252-2873 or TTY 1-800-358-5117. The DCFS advises calling 911 first if the child is in immediate danger. You may also contact the Trauma Abuse Treatment You may talk to a trained counselor about trauma abuse at 866-612-7506 or Sexual Assault Counseling and Information Service (SACIS) at 217-348-5033 or 888-345-2846.

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