How To File A Clergy Sex Abuse Lawsuit In Pennsylvania

What Allegations Go Into a Sexual Assault Civil Lawsuit?

A survivor of sexual abuse can file a clergy abuse lawsuit against the perpetrator and any person or entity that enabled or facilitated them. However, the allegations against each of these parties will differ.

Recounting the details of the abuse you suffered can be traumatizing on its own, but doing so is important for establishing your allegations. The allegations against the perpetrator will often include the following intentional tort claims:

• Battery for intentional contact that is harmful or offensive
• Assault for intentional acts that cause a fear of an imminent battery
• False imprisonment for intentionally blocking the survivor’s exit
• Negligent infliction of emotional distress

A personal injury lawyer does not need to prove a lack of consent to assert these claims. However, the perpetrator may raise consent in certain circumstances as a defense.

If the perpetrator’s attorney claims that you consented, you can often overcome this defense by showing that you were incapable of consenting or that a reasonable person would have understood by your words or actions that you did not consent.

For example, underage, intoxicated or mentally disabled parishioners cannot consent to sexual contact. Adults may establish a lack of consent by verbally refusing, physically resisting or even freezing.

Additionally, abuse lawsuits can allege negligence by the church or church administrators. The following allegations may be included:

• Negligent hiring or retention of a cleric with past allegations
• Negligent supervision
• Negligent training of others in the church who could have stopped the abuse

To prove negligence, the survivor’s attorney must prove that the entity failed to exercise reasonable care in carrying out its legal duties to reasonably protect parishioners’ safety.

Damages Survivors Can Seek in Clergy Abuse Cases in Pennsylvania

The damages in a clergy lawsuit can cover both the economic and non-economic losses that resulted from the abuse. Economic losses include expenses for medical treatment, counseling, and therapy. Non-economic losses include pain and suffering.

Some of the devastating effects of sexual abuse or assault can produce both economic and non-economic losses. For example, a survivor might experience anxiety attacks that require therapy and prevent them from working. The therapy bills and missed paychecks would count as economic losses.

The anxiety attacks might also cause the survivor insomnia. While the mental fatigue and emotional distress caused by the loss of sleep do not have a financial value, they still qualify as non-economic losses recoverable in a lawsuit.

An attorney shows what economic damages you are eligible for through financial records, pay stubs, and bills. You may also need an expert witness to analyze and explain your future losses based on your long-term prognosis.

Similarly, your lawyer may prove the non-economic losses with your medical records showing the physical and mental injuries you suffered. You may also testify about the effects of the abuse on your daily life.

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

The statute of limitations for civil lawsuits alleging clergy sexual abuse in Pennsylvania depends on the survivor’s age when the abuse occurred. If the survivor was under 18, they have 37 years after their 18th birthday to file a lawsuit. If the survivor was 18 through 23 when the abuse occurred, they have until their 30th birthday to file.

If the survivor was 24 or older when the abuse occurred, the regular personal injury deadline applies. These survivors have two years from the date of the abuse to file a lawsuit.

Clergy Sex Abuse Lawsuit: Who Can I Sue?

The parties to a lawsuit can include any of the following:

• The perpetrator
• The perpetrator’s supervisors
• The church

The allegations will depend on the party. For example, a lawsuit against the church will often allege that people acting on the church’s behalf covered up the abuse, enabling the perpetrator to continue abusing parishioners.

There are different benefits to suing each of these parties. A suit against the perpetrator can give you the closure you need and hold them directly responsible for their heinous actions.

On the other hand, a lawsuit against the church is less direct, but you might have a better chance of winning. This is because your lawsuit could include claims for vicarious liability for the perpetrator’s acts and negligence for the church’s acts.

Moreover, if you win, the church likely has assets, including insurance coverage, that will pay any judgment or settlement you win.

Choosing a Clergy Sexual Abuse Lawyer in Pennsylvania

The lawyer you choose should have experience handling sex abuse cases. They should also have the resources to fight a large and powerful entity like a church.

ConsumerShield can help you find a lawyer for your case. Contact us for a free case review and an attorney referral.