How To File A Clergy Sex Abuse Lawsuit In New York

What Allegations Go Into a Sexual Assault Civil Lawsuit?

It can be incredibly difficult to relive the assault in order to form your allegations, but doing so is essential for establishing the grounds for your case. A sexual abuse lawsuit will typically include two types of claims. First, the survivor will have at least one intentional tort claim against the perpetrator. Battery is a common intentional tort claim.

To support this claim, you only need to prove that the clergy member touched you in a harmful or offensive way based on reasonable community standards. In other words, it does not matter if the perpetrator intended to harm or offend you. Instead, the issue is whether a jury will find that the contact would have harmed or offended someone else.

Battery implicitly involves unwanted touching. However, you do not need to prove consent. Your personal injury lawyer only needs to show that the harmful or offensive contact occurred, and the perpetrator can raise consent as a defense in certain cases.

The consent defense doesn’t work in child sex abuse cases because children do not have the legal capacity to consent. Likewise, you could rebut a consent defense if you prove that you were intoxicated, mentally ill or mentally incapacitated.

The second type of claim might allege negligence by the church, school or other institution that employed the clergy member. This claim would argue that the institution owed a legal duty to parishioners, students and others in its care to protect them from dangers that it knew or should have known about.

When you meet with an attorney to discuss your case, they can listen to your story, explain the laws that apply in New York, and provide guidance about the best path forward as you seek justice in a legal forum.

Damages Survivors Can Seek in Clergy Abuse Cases in New York

You can file for several types of economic damages, including compensation for lost wages and for medical expenses. If you can’t live your life like you used to, you can also receive non-economic damages for loss of enjoyment of life and pain and suffering. Your attorney can give you a better idea of what you can claim.

The trauma after sexual abuse or assault can cause you to suffer both economic and non-economic losses. For example, you may be unable to work due to PTSD. The wages you lose would qualify for economic damages.

Your PTSD might also cause nightmares and flashbacks that erode your quality of life. Even though they do not have a price tag, your mental and emotional pain and suffering can still qualify for non-economic damages.

How Long Do I Have to File a Clergy Abuse Claim in New York?

In a lawsuit involving clergy sexual abuse in New York, you might have more time than the standard three years you would typically have in a civil case. That’s because these cases may involve people who are minors or facing a disability of some kind. The timeline is tolled until you turn 18 or overcome the disabling condition.

Clergy Sex Abuse Lawsuit: Who Can I Sue?

In a clergy abuse lawsuit, you can file against the actual perpetrator, as well as against the institution that employs them. That is the case because of vicarious liability, which holds the principal (the religious institution) responsible for the actions of its agents.

In addition to alleging vicarious liability against the church, your attorney can also allege that the institution’s own acts enabled the abuser. For example, suppose it covered up prior abuse accusations against the clergy member. Your lawyer can argue that it knew or reasonably should have known that they would continue to sexually abuse parishioners.

Choosing a Clergy Sexual Abuse Lawyer in New York

When you decide to pursue a lawsuit for clergy sexual abuse in New York, you need an attorney who has years of experience with these kinds of cases. They should have a record of getting significant settlements for their clients, and they should also provide the compassionate assistance you deserve.

Find the Right Lawyer With Help From ConsumerShield

At ConsumerShield, our team can assist you in connecting with a local lawyer. Contact us to learn more about our services.