The Clergy Sex Abuse Crisis and the Legal Responses

Synopsis

Legal Disputes Over Worldwide, Including The U.s., Sexual Abuse By Roman Catholic Priests, And Over Efforts By Roman Catholic Bishops To Conceal Clerical Misconduct, Have Produced Many Headlines And Public Discussion. However, The Precise Legal Issues Involved Remain A Mystery To Most Observers. In This Study, James O'reilly And Margaret Chalmers Examine The Role Of Canon Law In These Cases And The Interplay Between The Global Church-based Law And The Laws Of Individual Jurisdictions Where Criminal Actions And Lawsuits Are Brought. Introduction To A Complex Problem -- Understanding The Patterns Of Clergy Abuse Litigation -- Civil Litigation Against Catholic Dioceses, Parishes And Priests -- Participants In The Clergy Abuse Case -- Delays & Limitations In Clergy Abuse Claims -- Effects Of Criminal Charges & Plea Agreements -- Church Insurance & Abuse Claims -- Constitutional Issues -- Bankruptcy Issues -- Mandated Abuse Reporting Issues -- Evidence Privileges & Clergy Abuse Issues -- Repressed Memory Inducement Cases -- Fraud And Nondisclosure In The Assignment Of Clergy -- Defenses & Claims Of Immunity -- Damages Issues -- Fiscal Impacts Of Abuse Cases On The U.s. Catholic Church -- Impact Of Abuse Cases On External Relations Of The Catholic Church -- Responses Vary Inside & Outside The United States -- The Church's Internal Big Picture: Governance And Law -- How Episcopal Culture Contributed To Administrative Failure -- The Development Of The Problem: 1950 To 2002 -- The Perfect Storm In Canon Law: What Went Wrong -- 2002 And Beyond -- The Particular Issues Of Religious Communities -- The Investigation And Pretrial Canonical Process -- The Accuser And The Canonical Process -- Canonical Penal Trials And Outcomes -- Limitations And Weaknesses In The Canonical Penal System -- Clergy Abuse Issues In Non-roman Catholic Denominations. James T. O'reilly, Margaret S. P. Chalmers. Includes Bibliographical References (pages 423-432) And Index.