Most states have enacted statutes, which specify the punishments for failing to report child abuse or neglect. These statutes apply to those people who knowingly and willfully fail to report. A person who should have known about the abuse can be punished for it. Typically the punishment can be a fine or imprisonment.
It is common for not only priests who committed sexual abuse to be held civilly liable for their actions, but also for their churches and/or Catholic dioceses to be held liable for failing to supervise or otherwise discipline priests’ misconduct. Whether or not a Catholic diocese and/or church can be held liable in these circumstances depends on the facts of your case, and is best determined by an experienced lawyer who routinely handles these types of cases.
The types of damages available in sexual abuse civil lawsuits against priests and/or Catholic churches vary from one state to the next. Such damages may include medical and therapy expenses, both past and future, pain and suffering, and other types of financial compensation.
The recovery of damages for emotional distress in sexual abuse lawsuits against priests is dependent upon state law. While some state laws specifically permit the recovery of emotional distress damages, often referred to as pain and suffering, in certain types of civil lawsuits, other state laws may or may not allow emotional distress damages in sexual abuse lawsuits involving priests.
No. Criminal liability for sexual abuse and civil liability for sexual abuse are two completely different issues. As the legal standard for criminal liability is generally higher than for civil liability, it is very possible that a priest could be civilly liable without having been convicted of any crime under state law.
Yes. A parent's rights over their child may be terminated due to the parent's abandonment of the child. A parent's incarceration may result in an abandonment due to the length of the sentence and the lack of any attempt by the parent to be involved in their child's life. Parental rights may also be terminated if the parent was convicted of a violent crime against their child or any other child.
If a custodial parent does not allow grandparents visitation with their grandchildren the grandparents will need a court order. Before allowing a non-parental visitation order the grandparents must usually show that the visitation is in the best interests of the child and that the parent’s decision forbidding the visitation is not in the child’s best interest.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified family lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.