Churches and places of religious worship have long served as trusted locations for people in communities to turn for so many of the problems they deal with in everyday life. The enormously close relationships that many people have with their churches and clergy members only makes the continuing news about sexual abuse coming from the nation’s churches all the more shocking.
For victims of sexual abuse in churches, it is extremely difficult to find the courage to come forward to report misconduct by such esteemed members of the community. Many people immediately assume that nobody will believe them and stay quiet largely out of fear of the possible consequences of speaking out.
If you or your loved one was the victim of sexual abuse at a church, you should know that you deserve justice. An experienced sexual abuse attorney will be able to help you obtain the compensation you need and deserve for the harm you have endured.
Attorney Richard Fass has more than two decades of experience helping those who need compassionate, experienced legal counsel. Call him and his team (713) 697-5100 or contact us online to receive a free, 100% confidential consultation to discuss your rights and how we can help you.
Do I Need A Sexual Abuse/Clergy Abuse Lawyer?
You will want an attorney to help you in your sexual abuse case for several reasons. One of the most important reasons is that your lawyer will immediately be on your side and lend an important sense of validity to your claim that you may not have felt previously existed.
An attorney will also be able to conduct an independent investigation of your case. The lawyer will be able to preserve important evidence and develop the strongest possible case on your behalf.
Why Choose The Fass Law Firm to Handle My Case?
Richard Fass is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Only 10 percent of attorneys in Texas are board certified.
Mr. Fass was named a Super Lawyer in 2012, 2013, and 2014. He is a member of the Houston Bar Association, State Bar of Texas, American Association for Justice, Texas Trial Lawyers Association, and Houston Trial Lawyers Association.
The Fass Law Firm represents all clients on a contingency fee basis. This means that you will not have to pay us anything until you receive a monetary award.
What is the statute of limitations for a sexual abuse claim in Texas?
Texas Civil Practices and Remedies Code § 16.0045(a) establishes that a person must bring suit for personal injury within 15 years of the day for conduct constituting sexual assault of a child, aggravated sexual assault of a child, continuous sexual abuse of young child or children, certain sexual trafficking of a child, compelling prostitution by a child, or indecency with a child. Under Texas Civil Practices and Remedies Code § 16.0045(b), a person must file a personal injury lawsuit within five years of conduct constituting sexual assault, aggravated sexual assault, trafficking of persons, or compelling prostitution. If a victim was a minor, the limitations period does not begin until they turn 18 years of age.
Am I required to report sexual abuse I am aware of?
Yes. Texas Family Code § 261.101(a) requires a person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person to immediately make a report.
Texas Family Code § 261.101(c) states that the requirement to report “applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health care facility that provides reproductive services.”
Under Texas Family Code § 261.109, failure to report as required under Texas Family Code § 261.101(a) is a class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000.
What is the difference between a civil case and a criminal case?
Criminal offenses involve violations of federal, state, or local laws and the cases are usually prosecuted by an agency acting on behalf of the people of the state. A civil case is usually a private matter involving a legal dispute between two parties. Criminal cases and civil cases have different statutes of limitations, and they also have different burdens of proof inside the courtrooms.
A criminal case requires a prosecutor to prove an alleged offender’s guilt beyond a reasonable doubt while a civil case will require a plaintiff to prove a defendant was responsible for their injuries by a preponderance of the evidence, basically meaning more than half of the evidence. When a person loses a criminal case, there is usually a sentence involving imprisonment and fines, while a defendant who loses a civil case is usually ordered to pay a monetary judgment.
Sexual Abuse/Clergy Abuse Statistics
The Nature and Scope of Sexual Abuse of Minors by Catholic Priests and Deacons in the United States 1950–2002 was a 2004 report by the John Jay College of Criminal Justice and is commonly referred to as the John Jay Report. Commissioned by the U.S. Conference of Catholic Bishops and based on surveys completed by the Roman Catholic dioceses in the United States, the report found that 10,667 individuals made allegations of child sexual abuse from 1950 to 2002.
The dioceses identified 6,700 unique accusations against 4,392 clergy over that period in the United States. Of the 4,392 clergy accused, 3,300 were not investigated because the cleric was already dead, and 1,021 of the remainder were reported to police, leading to 384 criminal charges, 252 convictions, and 100 prison sentences.
The John Jay Report found that 81 percent of the victims were male. Among all victims, 22 percent were younger than 10 years of age and 51 percent were between 11 years of age and 14 years of age. Victims who were 12 years of age accounted for the highest total with 1,323 cases or 14.7 percent.
In terms of alleged abuses, touching under a victim’s clothes was the most common offense, involved in 42.6 percent of cases involving boys, 39.2 percent of cases involving girls, and 42 percent of all cases. Touching over a victim’s clothes was the next most common offense, involved in 37.2 percent of cases involving boys, 38.6 percent of cases involving girls, and 37.4 percent of all cases.
The John Jay Report found that 59 percent of priests were accused of a single allegation, and less than 3 percent were the subject of 10 or more allegations. The 149 priests with more than 10 allegations against them accounted for 2,960 of the total number of allegations.
The Pennsylvania Grand Jury Report reviewed the files of six dioceses and found that 300 priests had been accused of committing child sexual abuse over the previous seven decades, but only two were accused of abuse within the past 10 years.
Contact a Sexual Abuse/Clergy Abuse Attorney Today
Were you or your loved one the victim of sexual abuse at a church in Texas or New Mexico? Caring and compassionate legal assistance is available to you, and with our help, you could see that justice is served.
Richard Fass is a member of the Million Dollar Advocates Forum, a prestigious group of trial lawyers limited to attorneys who have won million dollar verdicts and settlements to which fewer than 1 percent of lawyers in the United States are members. You can have our attorney provide an honest and thorough evaluation of your case when you call (713) 697-5100 or contact us online to schedule a free consultation.
