The Court Got It Wrong in This Case Against the Diocese
Religious organizations are meant to be safe, comforting spaces we can turn to in times of need. For the most part, they are — but not always. Just like any other organization, they are run by normal people, who are privy to their own agendas and morals. We should be able to trust that these people, at least, have our best interests in mind and mean us no harm. Sometimes this just isn’t true, and innocent people get hurt. Namely, they get sexually abused by the very authority figures they’re used to relying on for security and peace.
Whether it’s to protect their own reputation or their fellow members, many religious organizations will fight to protect their reputation instead of their parishioners.
The Catholic Diocese just won an effort to force an alleged rape victim’s real name to be used in the civil suit against a seminarian in Knoxville. This particular victim wanted anonymity to protect his identity during such a traumatic, difficult case, and trying to force him to use his real name was only the latest of many tactics they used to try and intimidate him out of pressing charges. Not only is it a heartless move from the Diocese, it’s also heartless from the judge — and rare. The Diocese say keeping the victim’s name hidden interfered with Tennessee’s “presumptively open and public nature of judicial proceedings,” but the judge should’ve seen right through that.
Ideally and usually, any alleged victim of sexual abuse is protected by the court during their case as much as possible. Tennessee judges are meant to prioritize keeping every party and witness safe by any means necessary, including allowing anonymity despite that open and public rule. Not only is this intended to protect victims from intimidation and further abuse; it’s also meant to ensure everyone is treated as fairly as possible. While the Knoxville victim’s attorney did try to argue this to prevent the naming, the other side — the Diocese — simply fought back harder. It is an unfortunate truth that your case is only as strong as your representation, no matter how innocent or injured you are.
Civil versus criminal lawsuits for sexual abuse claims
Just because civil and criminal lawsuits are indeed two different things, does not mean sexual abuse victims must choose between them. They serve different purposes and work in different ways, but holding an entity responsible in as many ways as possible is a goal they share together. Civil cases are individuals versus a perpetrator for the purpose of obtaining damages, whereas criminal cases are filed by the state to try someone accused of a crime. For example, car accident lawsuits are civil suits to get a victim compensation for their injuries after another party was either negligent or reckless. If that other party was under the influence of alcohol, the state may file a criminal suit to convict them of a DUI. Criminal suits aren’t always necessary, but they can be.
Civil suits, on the other hand, are a victim’s greatest weapon against their abuser as long as they file within the statute of limitations (which differs depending on your exact circumstances) and hire aggressive, experienced representation to fight on their behalf. After sexual abuse, you may be seriously injured and incredibly traumatized. Perhaps you even have to miss work for an extended period of time, or need expensive medical treatment. When you successfully fight a civil suit against the entity responsible for causing those damages, you can get compensation for all of them.
In many circumstances, it is a life-saving amount of money — which is why it isn’t easy to get without a skilled attorney on your side. Whether you were sexually abused as a child or an adult, you have options as long as you don’t attempt your suit alone.
Why you want a Gladiator on your side in a civil claim against a church
No one wants to be publicly accused of something heinous or forced to pay for those actions either. Religious organizations like the Catholic Diocese are a large-scale version of that, and they take it to the next level. While they say they treat these cases seriously and withdraw the accused from religious functions and work, recent lawsuits show they actually keep the accused right where they are and essentially try to bully victims out of pressing charges. The Knoxville Diocese actually impeded a sexual assault investigation alongside intimidating and mocking the victim, and it almost worked in convincing her to drop the charges. It is only one of several lawsuits alleging similar behavior against any victim that tries to seek justice, including forcing that other victim to use his real name and any other “hardball” tactics they can take advantage of.
Tennessee alone has 23 named and accused Diocese bishops, many of them in the Nashville area. Even more are likely unknown, and even more may be covered up. It is such a growing and pervasive issue there are entire websites dedicated to keeping track of these individuals, as many still have their jobs today and likely will tomorrow. Catholic institutions aren’t the only perpetrators, either. Christian private schools are also notorious for protecting their faculty through sexual abuse allegations. A principal of one was arrested twice in a year for child sexual abuse of varying degrees, and he remained the principal through it all — which really says everything, doesn’t it? That was right here in the state, and only a month ago that he was arrested for the second time.
Victims need help seeking justice against these organizations, and that is exactly what a skilled personal injury attorney is there for. Depending on the circumstances of your case, your attorney will tailor their argument to best ensure you get the maximum compensation you’re owed. There are likely multiple liable parties. From the perpetrator themselves to anyone who turned the other way or otherwise enabled their actions. They will all try as hard as possible to deny that liability, but they do not have to succeed.
The Nashville personal injury attorneys at Rocky McElhaney Law Firm will thoroughly explore and explain your options with you and help you pursue the justice you deserve. If you or your child have been sexually abused by anyone, even a religious organization, do not wait to get us started on your case. We maintain offices in Nashville, Hendersonville, and Clarksville for your convenience. To ask any questions and get started, you can call us today or use our contact form, and we will give you the compassionate, tenacious representation you need.