Clergy Abuse in North Carolina

Sexual Assault Laws in North Carolina

North Carolina is one of many states across the country facing sexual abuse scandals in major organizations such as the Catholic Church and the Boy Scouts of America. As further experiences of systemic abuse come to light, many state lawmakers have taken legislative action to benefit victims. In North Carolina, lawmakers passed a bill with measures to protect and broaden the legal rights of survivors of sexual abuse.

North Carolina SAFE Child Act

On November 7, 2019, North Carolina Governor Roy Cooper signed Senate Bill 199 (S199) into law. S199 is sometimes referred to as the SAFE Child Act. This bill significantly expanded the rights of survivors of child sexual abuse and sexual assault.

To benefit survivors of child sex abuse in the state of North Carolina, S199 includes the following provisions:

• S199 extends the legal deadline for civil lawsuits.
• S199 opens a 2-year “look back” window for a survivor of child sexual abuse to file a civil claim, regardless of when the abuse happened.
• S199 allows a survivor of abuse to file a civil claim within two years of a criminal felony conviction of a perpetrator. This provision is useful for survivors whose claim is filed past the legal deadline.
• S199 extends the legal deadline for certain misdemeanor crimes of abuse.
• S199 expands the duty to report child abuse.
• S199 increases the legal protections that guard children against online predators.
• S199 requires school personnel to undergo child sexual abuse and sex trafficking prevention training.

To benefit survivors of sexual assault in the state of North Carolina, S199 includes the following provisions:

• S199 makes it illegal to continue intercourse or a sexual act after the other person has revoked consent.
• S199 makes it illegal to drug someone’s beverage.
• S199 amends the definition of “mentally incapacitated” to ensure sexual assault laws apply to victims who were incapacitated through their own actions. This most commonly applies to victims incapacitated by recreational drug and alcohol use.

The majority of the provisions in S199 went into effect December 1, 2019.

North Carolina Clergy Abuse Lawsuits

Before S199 was passed, many survivors of clergy abuse were unable to file civil lawsuits against their abusers in the state of North Carolina. These survivors experienced abuse decades ago and their cases were legally expired. Several provisions in S199, including a 2-year “look back” window, allow survivors of abuse to file civil claims for abuse that occurred many years ago. Traditionally, these “look back” windows result in a significant rise in child sexual abuse lawsuits.

What Is the Statute of Limitations on Priest Sexual Abuse in North Carolina?

Victims of abuse must follow the state statutes of limitations when taking legal action against their abusers.

In North Carolina, a survivor of abuse must follow the appropriate statute of limitations for the specific crime and type of legal action they are pursuing. Criminal charges go by a different statute than civil claims.

Criminal Charges

In North Carolina, there is no time limit on any felony criminal charges. Most sexual offenses are felony offenses in North Carolina, including rape and the rape of a minor.

Civil Claims

In North Carolina, survivors of child sexual abuse may file a civil lawsuit against their abuser any time before they reach 28 years of age. Prior to the passing of the SAFE Child Act, the civil statute of limitations on sexual abuse in North Carolina was only three years. Similarly, survivors of child sex abuse had to file before they reached 21 years of age.

S199 also included another civil statute that affects survivors of childhood sexual abuse. If an abuser is criminally convicted, a survivor may file a civil suit against that abuser within two years of the conviction. This provision of the law may give some survivors, over the age of 28, a second chance at civil action.

North Carolina Legal “Look Back” Window

As part of S199, all survivors of child sexual abuse have a two-year window to file a civil claim regardless of the age of the case. This provision applies to survivors whose case will be time-barred by the new civil statute of limitations. This legal “look back” window opened on January 1, 2020. It will close on December 31, 2021.

Dioceses of North Carolina Settlements

In recent years, Catholic Dioceses across the United States have paid financial settlements to clergy abuse victims. In North Carolina, the Dioceses of Charlotte and Raleigh have reportedly paid millions of dollars to settle claims.

Over the course of seven decades, the Diocese of Raleigh reportedly paid $2,717,750 in settlements. According to an analysis of the diocese’s annual reports, the Diocese of Charlotte paid more than $2 million in settlements in just 15 years. The Catholic Diocese of Charlotte paid an additional $1.2 million in “safe environment measures” during this time as well.