The Clergy Sex Abuse Crisis and the Legal Responses [Hardcover]

The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion.

InThe Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues ofrespondeat superiorand oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.

Preface

PART I: CONTEXT & BACKGROUND
Chapter 1 Introduction to a Complex Problem
Chapter 2 Understanding the Patterns of Clergy Abuse Litigation

PART II: CIVIL LITIGATION
Chapter 3 Civil Litigation Against Catholic Dioceses, Parishes and Priests
Chapter 4 Participants in the Clergy Abuse Case

PART III: HANDLING ABUSE CLAIMS
Chapter 5 Delays & Limitations in Clergy Abuse Claims

PART IV: OTHER RELATED ISSUES
Chapter 6 Effects of Criminal Charges & Plea Agreements
Chapter 7 Church Insurance & Abuse Claims
Chapter 8 Constitutional Issues
Chapter 9 Bankruptcy Issues
Chapter 10l³*