Because they were filed in the United States, the suits named the U.S. Conference of Catholic Bishops ( USCCB) as the primary defendant, with one of the lawsuits also naming the Holy See at the Vatican as a secondary defendant.
According to a report by National Public Radio, the Catholic Church has paid more than $3 billion in child sexual abuse lawsuit settlements in America alone. As a result, at least 19 diocese and religious orders have had to file for bankruptcy. Some of the most notable settlements are described below.
Continuing revelations about sexual abuse by priests and other clergy have led to thousands of lawsuits against the Catholic Church in recent years. While other denominations have also been implicated in sexual abuse scandals, the Catholic Church has been at the forefront of media stories given its size, influence and ability to hide the actions of perpetrators within its ranks.
At least one recent lawsuit has made claims under the Racketeering Influenced and Corrupt Organizations Act, often referred to as RICO. Although RICO laws were originally intended for use in prosecuting well-organized criminal enterprises, some plaintiffs claim its provisions apply to the Catholic Church as well, given the religious organization's attempts to bury reports of abuse and transfer priests accused of assault from one diocese to another.
While the total number of claims against the U.S. Catholic Church is unknown, more than 6,700 priests and other members of the clergy have been accused of abuse between 1950 and 2016, according to data compiled by the nonprofit BishopAccountability.org. However, only about half of the names of those accused priests have been released to the public.
When a plaintiff (victim) files criminal charges, the defendant (abuser) faces jail or probation if found guilty. The plaintiff typically does not receive any form of compensation. The plaintiff may receive compensation only if the abuser is ordered to pay restitution.
Legislators passed House Bill 2466 (HB 2466) in May 2019. It opened a window from May 27, 2019 to December 31, 2020. During this time, individuals can file childhood sexual assault claims no matter how long ago the incident occured.
Mosman in Portland, Oregon decided that the Vatican could, in fact, be sued on the grounds that priests are considered employees of the Vatican. This ruling was upheld by the 9th Circuit Court of Appeals in San Francisco in 2012.
When the statute of limitations for criminal charges ran out on sexual abuse taking place from 1978-1980, a local sexual abuse survivor filed a civil nuisance lawsuit against 12 California bishops, more than two dozen accused sexual predator priests, and the Archdiocese of Chicago.
California Penal Code Section 11165 also known as the Child Abuse and Neglect Reporting Act makes it mandatory for state professionals to report known or suspected child abuse within 36 hours. Child abuse, as described in the Penal Code, includes not only physical violence ...
Child abuse, as described in the Penal Code, includes not only physical violence but sexual abuse as well. Having reasonable suspicion of abuse is enough to warrant a report to the police. The list of mandatory reporters includes educators, medical staff, social workers, firefighters, police officers, daycare employees, counselors, ...
The legal definition of a public nuisance is someone who “act s injurious to health, indecent, offensive to the senses, or in obstruction to the free use of property. ”. This means that a person committing child abuse could be viewed as a public nuisance in California.
The legal definition of a public nuisance is someone who “acts injurious to health, indecent, offensive to the senses, or in obstruction to the free use of property.”.
Abuse survivor Manuel Vega, at podium, talks about why he and Jeff Anderson & Associates have sued the Vatican during a press conference Oct. 4 in Los Angeles. (Heather Adams)
Vatican spokesman Jesuit Fr. Federico Lombardi said at the time that he "never doubted this would be the response [of the ICC], given the total groundlessness of the accusation," according to Religion News Service. There have also been cases in Kentucky and Wisconsin.
Catholic dioceses across the United States have paid more than $3 billion dollars to victims of clergy abuse. Often, these priest abuse settlements also bought silence from victims. Compensation Is Available for Abuse Survivors. Learn More About Filing a Clergy Abuse Claim. Start Here.
Many dioceses have filed for bankruptcy to compensate survivors of abuse. When a diocese files for bankruptcy, the Catholic Church pays victims through bankruptcy court. Victims often receive less compensation through this process than they would through successful litigation.
After paying numerous settlements, the Archdiocese of Los Angeles and five other California Dioceses created the California Independent Compensation Program (ICP). The ICP, formed in 2019, is operated by a third party on the behalf of the dioceses to compensate victims.
A non-monetary provision in a settlement is a term in the agreement in which no money is exchanged between parties. Survivors of priest abuse often request non-monetary provisions that shed light on institutional sexual abuse. These concessions can help prevent future abuse.
However, a settlement of emotional distress is taxable. “…gross income does not include…the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness…”. 26 U.S. Code § 104.
Ron Meneo is the managing partner of The Meneo Law Group. With more than 40 years of experience, he represents clients across the country on a variety of complex legal matters, including personal injury due to institutional sexual abuse, unsafe pharmaceutical drugs and other practice areas. He is a recipient of Martindale-Hubbell’s prestigious AV® Preeminent Rating. He has also served as an editor and contributor for several legal journals.
The ICP, formed in 2019, is operated by a third party on the behalf of the dioceses to compensate victims. Unfortunately, Catholic Church settlements only help a fraction of victims abused by Catholic clergy members. Many survivors will never come forward with abuse claims against their perpetrators.