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.

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

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.

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.

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.