Clergy Abuse in California

California Sexual Assault Legislation

The United States has recently become aware of widespread sexual abuse in national organizations like the Catholic Church. As a result, California and several other states have passed new sexual assault and sexual abuse laws. These legislative updates provide sexual abuse victims with more opportunities to seek justice.

California Legislation Affecting Sexual Abuse Victims

California legislators passed an important new law in late 2019. Assembly Bill 218 (AB 218) extends the period in which childhood sexual assault victims can file civil lawsuits. The bill, also known as the California Child Victims Act, includes several other important provisions:

• AB 218 extends the legal deadline for childhood sexual assault survivors. They now have until the age of 40 to file a lawsuit. Survivors may also file a lawsuit up to five years after the discovery of psychological injury due to the abuse.
• It allows adults who have recently discovered their abuse five years to file a lawsuit.
• It establishes a three-year “look back” window in which survivors can file claims falling outside the new time limit. The window opens January 1, 2020, and closes December 31, 2022.
• It allows courts to award triple damages in sexual abuse cases where evidence of a cover-up exists.

California Priest Abuse Lawsuits

Survivors of childhood sexual assault can seek legal remedies in two ways. They can file criminal charges and/or a civil lawsuit.

Whether pressing criminal charges or filing a civil lawsuit, the survivor must begin legal proceedings within a set period of time. This time period is called the statute of limitations (SOL).

California Clergy Abuse Statutes of Limitations

SOLs dictate the amount of time allowed between the perpetration of a crime and the filing of criminal charges or a civil lawsuit related to that crime. SOLs vary based on the type of crime and are set by state lawmakers.

Survivors often take many years to process the trauma of childhood sexual abuse. As a result, legal deadlines prevented many California abuse survivors from pursuing legal remedies. With the passage of AB 218 in 2019, childhood sexual assault survivors now have more time to file civil lawsuits in California. The accordion below summarizes California legal deadlines relevant to survivors of childhood sexual abuse.

California Sexual Assault Statute of Limitations

Understanding The California Child Victim’s Act “Look-Back” Window

AB 218’s extension of the legal deadlines for childhood sexual abuse gave survivors until their 40th birthday to file a civil lawsuit. But, without special provisions, this new legal deadline would still prevent survivors older than 40 years of age from filing civil lawsuits. State lawmakers created the “look back” window provision of AB 218 to address this issue.

AB 218 opens a window from January 1, 2020, to December 31, 2022. Any child sex abuse survivor can file a lawsuit during this period, even if the new statute of limitations has already passed.

California Diocese Settlements and Compensation Programs

Since 2005, California dioceses have paid more than $1 billion in settlements due to clergy abuse. These settlements came as a result of civil lawsuits. Additionally, six California dioceses created an option for victims to get compensation without filing a lawsuit. The six dioceses created an Independent Compensation Program (ICP).

The California Catholic Independent Compensation Program

Six dioceses created the California ICP in 2019. Some critics call the ICP a “very calculated and very shrewd” move on behalf of church officials. They also claim the ICP allows dioceses to avoid public scrutiny and cut the cost of reparations for clergy abuse.

Still, the ICP provides an attractive option for some clergy abuse survivors.

For some victims, the ICP offers several important benefits:

• An independent law firm handles all ICP claims. The dioceses cannot reject or modify any claims settled through the ICP.
• Clergy abuse survivors can avoid the public display of a lawsuit. The ICP allows claimants to remain completely anonymous throughout the process.
• Claims made through the ICP may be held to a lower standard of proof versus claims in a lawsuit.
• The ICP usually pays claims within 120 days of approval.

Critics of the program observe several drawbacks:

• ICP participants waive their right to future clergy abuse lawsuits against participating dioceses.
• ICP settlements offer substantially lower compensation versus the average lawsuit settlement.
  ICP settlements allow the Catholic Church to avoid the scrutiny and transparency of a lawsuit.
• Any victim of abuse by “a member of a religious order, clergy of another diocese or lay person” is not eligible to participate. These victims can still file a lawsuit anytime before their 40th birthday. Victims older than 40 can file a lawsuit anytime before December 31, 2022.

California Catholic Diocese Clergy Abuse Bankruptcies

More than 20 Catholic dioceses nationwide have declared bankruptcy in the wake of clergy abuse lawsuits. Two California dioceses are among those that declared bankruptcy.

Diocese of San Diego | 2007

The Diocese of San Diego declared bankruptcy in February 2007. It was one of the earliest American dioceses to choose this option. The diocese agreed to pay $198 million to 144 victims as part of its bankruptcy proceedings.

Diocese of Stockton | 2014

The Diocese of Stockton filed for bankruptcy in September 2014. It agreed to pay $15 million to clergy abuse victims as part of the bankruptcy plan.

If you are considering legal action against a bankrupt diocese, you should speak with our lawyers. We can help you determine the best course of action during bankruptcy proceedings.