Helping #ChurchToo Abuse Victims Hold Religious Entities Accountable in Civil Cases
Date
2020
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Publisher
Liberty University Law Review
Abstract
Part I of this article will discuss the important and unique intangible and
tangible benefits that survivors obtain through civil actions against religious
institutions. As discussed therein, utilizing the tool of civil justice against
large religious denominations, confederations, and conferences—i.e., the
entities with the most influence and resources to effect organization-wide
change—enforces institutional integrity, encourages important reforms, and
increases public trust and confidence in such institutions.10 Perhaps most
importantly, the tool of civil justice creates powerful incentives to increase
the safety of children entrusted to the care of religious institutions now and
in the future.
Part II of this article will address the legal theories and approaches that
survivors and their advocates can use to reach religious institutions through
civil lawsuits. As discussed in that section, options include taking a broader
view of traditional torts (such as negligence and fraud), as well as pushing for
expansions of tort remedies that have thus far only been available in a small
minority of states (such as vicarious liability of employing organizations for
the sexual abuse committed by their agents).
Finally, Part III of this article will briefly discuss whether a viable
alternative exists that religious organizations could employ to avoid civil
litigation entirely.
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Keywords
child sexual abuse, clergy abuse, religious institutions, law, restitution, accountability, civil cases
Citation
Janci, P. B. (2020). Helping# ChurchToo Abuse Victims Hold Religious Entities Accountable in Civil Cases. Liberty University Law Review, 14(2), 4.