The church is a trusted institution that people visit for spiritual guidance and support. Unfortunately, with the rise in cases of sexual violence, churches have not been spared. Statistics from the CDC show that more than half of women and one in every three men have been victims of sexual abuse, with most of these cases being covered up.
One of the recent cases is that of the Mormon Church, or The Church of Jesus Christ of Latter-day Saints (LDS), which has been accused of covering up cases of sexual abuse by top church officials for decades and failing to implement measures to deter such behavior in the future. If you are a survivor of the sexual abuse connected to the LDS church, you should consult an experienced personal injury attorney for guidance on how to file a sexual abuse claim against the Mormon church.
Seek Medical Care and Report the Abuse
Many survivors of sexual abuse seeking to file lawsuits against the Mormon church suffered the violation long ago when they were children. However, if you became a victim of sexual abuse recently, you should prioritize your health by seeking medical attention within 72 hours of the abuse. Visit a local medical facility that provides sexual assault forensic exams (SAFE) so that they can collect any present DNA samples of the abuser. The DNA test results will be crucial when proving sexual abuse.
If you are a survivor of sexual abuse in the Mormon church and you have been afraid of speaking out about the abuse, you still have time to do it. Carrying the emotional burden for years can be challenging. You need a support system to help you when filing a lawsuit because you will relive the memories of the sexual abuse during the case. Therefore, report the abuse, even if it occurred recently. Speak to people you trust, such as friends or family members, or join a support group that helps survivors of institutional abuse.
You should also inform the LDS church leadership or manager about the abuse. Ensure you document your communication with the religious institution and their response to your claim. Once you have reported the matter to the church’s authority, you can then file a police report and file charges against your abuser.
Enlist the Services of a Competent Personal Injury Attorney
The next phase should be to contact a sexual abuse injury attorney to help you gather evidence and file a claim against your abuser. You can also pursue a claim against the LDS church because it is alleged to have had a critical role in the cover-up of various sexual abuse cases reported and failed to take measures to curb similar crimes in the future. Instead of reporting the incidents to law enforcement, the church established a helpline for victims to report and seek guidance. By setting up the helpline, the church allowed victims, who were mostly children, to suffer, while it protected the survivors.
Discussing your case with an experienced personal injury attorney will help you understand those responsible for your suffering and understand your legal options and the laws that affect the claim process. An attorney plays several roles in the sexual abuse claim process, including:
- Investigating the case and identifying defendants
- Identifying the institution, in this case, the Mormon Church, to hold it liable for the sexual abuse.
- Gathering clear and convincing proof against the defendants
- Completing claim forms to lodge the sexual abuse lawsuit
- Submitting your claim to the relevant court within the legal timeframe
- Appearing in court on your behalf, you do not want to come face-to-face with your abuser
- Claim full and reasonable compensation to cover all your losses
When looking for an attorney, look for one who is discreet and willing to keep your identity confidential, if that is what you want, throughout the case. Your sexual abuse attorney will be your confidant, someone you can trust for accurate information and legal counsel. Enlisting the services of a competent attorney will increase your chances of a fair outcome.
Understand Local Personal Injury Statutes
If the sexual abuse happened a long time ago, your concern when consulting an attorney will be the deadlines for filing the claim, also known as the statutes of limitations. Historically, the deadlines have been a setback for many sexual abuse survivors, as you cannot lodge a lawsuit once the timeline lapses. Fortunately, with recent legislation in various states around the country intended to safeguard survivors of childhood sexual abuse, the deadlines have been extended to allow more survivors to seek reprieve.
Pursuant to Florida Statute 95.11, a childhood sexual abuse case gives the claimant or plaintiff an extended window for submitting a claim. You can file a sexual abuse claim up to seven years after the lapse of the provided timeline or until you turn the age of 25, whichever comes earlier.
Additionally, a look-back statute has been enacted, enabling survivors who were previously barred from seeking compensation because of a lapse in the statute of limitations to file a claim. So, if the court declined your Mormon Church sexual abuse claim because the timeline for filing had expired, you can file a new claim under the new laws.
Florida adopts a “delayed discovery” rule that prevents the statute of limitations from running until a survivor discovers they have a repressed memory. This means that if you underwent sexual abuse, but it took a long time for you to discover that your injuries were due to sexual abuse connected to the LDS church, the clock for filing a claim will start from the time of discovery and not when the incident happened.
The new legislation recognizes that survivors can have a difficult time coming forward about the abuse, hence the need to make adjustments to the legal timelines so that these victims do not permanently relinquish their rights to hold their abusers and those involved in the cover-up accountable. If you are unaware of these new laws, consult an experienced personal injury attorney to evaluate your case and determine if your claim is still valid.
Collect Evidence
Evidence is crucial in building a solid claim and obtaining maximum compensation. Crucial evidence in the Mormon church sexual abuse lawsuit includes:
Survivor’s Testimony
Your account of the events leading to the abuse and the action the church took after reporting will be crucial in building a solid claim. If you made journal entries, they could serve as crucial evidence. However, if the events have been recent and fresh in your mind, you can document them by writing down all the details, including the abuser, parties involved in the cover-up, witnesses, and the roles of the individuals involved in the LDS church. Note down the time, location, and date of the events. If there were threats made, note that down too.
Medical Records
Seeking medical examination after sexual abuse is crucial because it helps document the impact of the abuse on your health. The most crucial medical evidence for the claim is the SAFE test results, which demonstrate the abuse and the time it occurred. Sexual abuse causes severe mental health problems, such as anxiety, PTSD, and depression, in survivors. Therefore, it is crucial to obtain copies of the mental health records documenting the mental treatment you have been receiving, when the treatment started, and whether it is ongoing.
Witness Statements
Apart from your statement, you will require the statements of eyewitnesses to back your claim. Witnesses can include people who were present during the abuse or who can confirm your recollection. You will need the contact information and statements from these individuals. Also, if you witnessed another person being abused in the church, you should not be afraid to come out to give your statement.
Church Records
There are many cases of sexual abuse or sexual abuse cover-ups connected to the Mormon church. However, the Mormon belief that guides the LDS church led the institution to set up a helpline for sexual abuse victims and resolve the matters internally without involving authorities, denying several persons justice. Therefore, it means church records exist that can prove that your sexual abuse happened. You need an attorney to subpoena the court to provide the church records, especially if you reported the abuse, but the church took no action.
The Mormon church has many resources to protect itself against lawsuits. Therefore, collecting evidence can be an uphill task. You are better off hiring an experienced personal injury attorney to investigate the case and gather the evidence you require to build a solid claim.
Submit your Claim
You can hold Mormon church officials liable for the sexual abuse and other crimes that occurred in the institutions without taking necessary measures to hold accountable those responsible and prevent similar violations in the future. For instance, the church received sexual abuse complaints through the hotline but failed to report them.
Additionally, you can sue the actual perpetrators for the sexual abuse in a civil court to receive compensation for all the harm or losses obtained from the abuse.
A competent personal injury attorney understands that the process of filing a personal injury claim for sexual abuse is nuanced. Therefore, the attorney will adopt a trauma-informed strategy to help you seek maximum compensation without retraumatizing you. Your attorney will also explain the process of filing a claim and guide you through the process.
If you have lawyered up, the next step you should take when filing a claim is the following:
- Investigate the Claim and Collect Evidence
In a civil suit, the majority of the jurors must establish with a preponderance of the evidence that the defendant sexually abused you. Your attorney must gather evidence to show that it is more likely than not that you were sexually abused.
- Filling Out Claim Forms
Once you have the evidence and your attorney recommends filing a claim, it is time to file the formal paperwork with the appropriate Florida court. Going against a religious institution like the LDS church can be intimidating, and there will be attempts to keep you silent when they discover you are filing a claim. Therefore, it is best to submit your claim anonymously to maintain privacy.
- Discovery Stage
After submitting your claim, the discovery stage begins. Here, the plaintiff and defendant exchange evidence and request documents relevant to the case. Your attorney can even subpoena the church for documents on the church’s child safety policies, personal records of alleged perpetrators, and records of bishop helplines.
- Negotiations and Settlement
Once the parties know the type of evidence the other has against them, negotiations begin. The goal is to settle without the case reaching the trial. If you receive a favorable settlement, your attorney will evaluate it and recommend the best action. If you decline the offer, the case will go to trial.
- The Trial
The church might attempt to transfer all lawsuits against it to federal court, citing that decisions were made at the headquarters. However, your attorney should oppose this and have the trial held within your jurisdiction. In the trial, the attorney will submit evidence and arguments in your favor for a fair verdict.
Recoverable Damages in the Mormon Church Sexual Abuse Lawsuit
When you win the claim against the Mormon church or reach a fair settlement, the court will provide various forms of compensation. The damages are categorized as economic, non-economic, and punitive.
Economic or special damages compensate you for losses that have a dollar value or for financial losses stemming from the abuse, such as medical bills, therapy and counseling costs, and lost earnings.
General or non-economic damages compensate you for intangible losses that are difficult to attach a dollar value to, such as emotional suffering, mental anguish, and other psychological effects of the abuse.
If your attorney can demonstrate that the LDS church acted maliciously or egregiously, the court will award punitive damages. These damages are intended to punish the offender and discourage other institutions or perpetrators from engaging in similar behavior in the future.
Find an Experienced Mormon Sexual Abuse Lawsuit Attorney Near Me
It takes courage to come forward with a sexual abuse claim, especially one connected to the Mormon church. While harm has already been done, coming forward ensures that the church and perpetrators are held accountable and triggers meaningful change. Taking legal action is the best way to hold those responsible accountable.
At Jacksonville Personal Injury Attorney, we understand that sexual abuse can be traumatizing, which is why we adopt a trauma-informed approach when representing survivors. Our attorneys will explain your rights and guide you to file a claim for maximum compensation. Call us today at 904-800-7557 to discuss the viability of your claim and begin the claim process.
