Maison Law stands with survivors of sexual abuse at California churches, advocating for your legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.

Who’s Liable When You’ve Been Sexually Abused at a Catholic Church in California?

Sexual abuse is an ongoing concern across California, but especially within the Catholic Church. Even with increased media attention in recent years of incidents of abuse and cover ups, you or a loved one may still have experienced and survived sexual abuse there. The question then becomes, who’s legally responsible?

Despite the fact that the Catholic Church is not a standard business, it still has civil liability when sexual abuse or any other injury is involved. In legal terms, the church has:

A duty of care to take reasonable measures to keep you and other parishioners safe while on church property.

Thus, if you’re a survivor of sexual abuse at your catholic church, the following parties may be liable:

Abuser – This is the person who committed the sexual abuse. It could be someone from the clergy, a church member, or a staff member. Legal action typically focuses on holding the abuser accountable for their actions, which can include both criminal charges and civil liability.
Church leadership – These are the leaders of the church, like priests or administrative figures. If they were aware of the abuse and didn’t take proper action, they may be held responsible for negligence. Legal actions may target them for their role in the abuse and aim to make the church accountable.
The Diocese – In the context of a Catholic Church, the diocese is the administrative district, and involved organizations and groups may be involved in abuse cases. If they knew about the abuse and didn’t address it adequately, they could be held accountable. Legal actions will seek financial support and aim for changes to prevent future abuse.

Time Limits

Ultimately, liability will hinge on the specific circumstances of your case. What’s important to remember, though, is that as a survivor of sexual abuse, California law gives you ample time to actually file your claim:

Assembly Bill 218 (AB 218) – Child Victims Act – Commonly referred to as the Child Victims Act, AB 218 permits individuals to pursue claims until either:
- Reaching the age of 40, or
- Discovering the injury resulting from the abuse within 5 years.
Assembly Bill 2777 (AB 2777) – Sexual Abuse and Cover-Up Accountability Act – AB 2777 creates an avenue for claims related to sexual abuse or assault where the details were concealed. This law reopens claims from survivors dating back to January 1, 2009. Under AB 2777, survivors have until December 31, 2026, to file a claim if:
- The statute of limitations has expired, or
- The assault or abuse occurred after turning 18, and the responsible parties hid the details.
Assembly Bill 452 (AB 452) – Justice For Survivors Act – AB 452, known as the Justice For Survivors Act, eliminates the statute of limitations for sexual abuse incidents that happen after January 1, 2024.

Even with the law on your side, meeting these timelines in the process is crucial, and filing a sexual abuse claim, particularly against a formidable entity like the Catholic Church, demands a great deal of experience and dedication. Maison Law and our team can leverage our experience and knowledge to help you through this difficult process.

Legal Process After Filing a Sexual Abuse Claim Against the Catholic Church in California

Legally speaking, the process for filing a claim against a clergy member, fellow congregant, or anyone affiliated with the church, it is essential that you understand the available options. Most often, this is going to involve filing a personal injury lawsuit in open court.

This process, much like the time limit for filing a claim, differs from case to case. However, your specific Complaint, which our team will help you put together, will lay out your claim and the damages you’re seeking from the responsible parties. Before you get to that endpoint, though, the legal process may include the following steps:

Service of process – Once your Complaint is filed, it will be officially served on the church, the abuser, and anyone else involved. From there, they’ll have a chance to respond to your Complaint.
Discovery – Once your Complaint has been answered, the discovery phase of the case officially begins. This can take a long time, particularly if there’s years of evidence to gather. Discovery is the formal exchange of evidence and other information, and typically also includes depositions.
Negotiations – Throughout the case, both sides will negotiate settlement offers and terms. Then, prior to the trial date, the judge may order an official mediation session with an impartial third-party mediator who will oversee an official presentation of both sides. The goal of mediation is to try to reach a settlement prior to trial.
Trial – If the case doesn’t settle at mediation, it could go to trial in front of a judge and jury. Our team will present your case and defend it strongly throughout the trial. Then, a jury will decide liability and if you’ll be able to recover damages from the defendants.

Damages

Damages is simply the legal term for your particular injuries and losses you suffered as a result of the sexual abuse. Although the specifics of damages vary from case to case, a claim could potentially allow you to recover the following:

Medical bills and expenses – These cover the costs associated with necessary healthcare services and treatments resulting from the abuse, including ongoing care.
Pain and suffering – These damages account for the physical pain and emotional trauma experienced due to the harm inflicted.
Emotional distress – Damages for the mental and emotional impact the abuse has had on your overall well-being.
Lost income or earning potential – This includes financial support for income you were unable to earn because of your inability to work or any lasting impact on your earning capacity.
Loss of companionship – These damages address the emotional toll if the abuse led to a loss or impairment of relationships with loved ones.
Loss of enjoyment of life – This category of damages compensates for the overall negative impact on your day-to-day life and enjoyment caused by the abuse.
Punitive damages – These are additional damages awarded if the church’s negligence was exceptionally severe, going beyond the standard compensatory damages.

Undoubtedly, taking legal action against your abuser and a church is a challenging situation, especially for survivors of sexual abuse. However, our team is committed to supporting you at every step, standing by your side to protect your rights and make sure that you receive a measure of justice and support.

Trusted Guidance From California Church Sexual Abuse Lawyers

At Maison Law, we understand the serious issue of sexual abuse within the Catholic Church, often at the expense of you and your loved ones. Our team is committed to handling these cases with a personalized and respectful approach. Whether you or someone you know has experienced sexual abuse at your church or anywhere else in California, we are devoted to standing up for your rights during the legal process.

Archdiocese in California

Armenian Catholic Eparchy of Our Lady of Nareg in the USA & Canada

Chaldean Catholic Eparchy of St. Peter the Apostle

Archdiocese of Los Angeles

Archdiocese of San Francisco

Diocese of Fresno

Diocese of Monterey

Diocese of Oakland

Diocese of Orange

Diocese of Sacramento

Diocese of San Bernardino

Diocese of San Diego

Diocese of San Jose

Diocese of Santa Rosa

Diocese of Stockton

California Catholic Church Sexual Abuse Lawyer