Why Civil Litigation is Needed in Religious Sexual Abuse Cases

Parents trust that the time children spend with religious leaders will uplift the children morally and spiritually, and provide a path for the values needed to be good members of their communities. Sadly, it is too clear from media coverage and court proceedings that some religious leaders are abusing this most sacred trust. Religious leaders sometimes use their access to children and the trust the children place in them to engage in sexual assaults, abuse, and other forms of unwarranted behavior.

The negative effects on the children can last a lifetime. Sexual molestation of a child can cause:

• Depression
• Physical harm
• Difficulty eating, sleeping, and functioning
• Anxiety around older authority figures
• Many other emotional difficulties

Children who suffer sexual abuse by their religious leaders usually need extensive psychological counseling, requiring continual sessions for years or for a lifetime. They can have difficulty making friendships and the ability to have loving adult relationships and children of their own is often much harder. Many of them leave the religious organizations they once belonged to altogether.

The differences between criminal and civil cases

There are a lot of similarities between a civil case and a criminal case. Both aim to hold the perpetrator accountable for his or her actions. Both may involve jury trials. Both have the aim of stopping the abuse so no other children have to endure the same type of tragedy. The primary difference is that civil lawsuits seek that justice in different ways from criminal lawsuits, and are therefore executed differently. In a civil sexual abuse case:

• The standard of proof is different. It is easier to prove wrongdoing in a civil case where the victim only has to show a preponderance of the evidence that the sexual molestation or abuse happened. In criminal cases, the government has to prove the case beyond a reasonable doubt. Because many cases are decided by the testimony of the witnesses, this distinction can be crucial.
• The victim’s representative is different. In civil cases, one of our experienced attorneys represents the abused child. In criminal cases, the government prosecutor brings the case.
• The aims differ. In civil cases, our aim is to hold the religious leader, and any church or religious entity that should have supervised the leader, accountable for his. Her or their actions. This is often achieved through seeking monetary damages. These damages should compensate the victim for all of the counseling bills that will be required and the extensive emotional suffering and loss of quality of life of the child. In criminal cases, the primary aim is to find the wrongdoer guilty and then to punish them with prison time.

Some of the other differences are that the rules of evidence are different and, in civil cases, our lawyers can conduct discovery of the key participants before any trial. Another key consideration is when the case can be brought. Often times, child abuse victims are too traumatized to disclose what happened until many years after the abuse — often not until they become adults.

Talk with a caring Southern California sexual abuse attorney as soon as possible

Our Los Angeles religious sexual abuse lawyers at Taylor & Ring understand why children and parents often hesitate to seek legal counsel. Please know that when you speak with our attorneys, we will give priority to calming your anxieties about the litigation and trial process. The sooner you speak with our compassionate lawyers, the quicker we can direct you to the right psychologists and healthcare professionals. Memories are also an important factor in sexual abuse cases, which is another reason not to delay your call.

Our lawyers understand the difficulties in this type of litigation. We work hard to get our clients the financial justice they deserve and to send a message to the wrongdoers to stop their misconduct and take corrective actions. Please call us at 310-776-6390 or fill out our contact form. We are ready to help you move forward.

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