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Compensation for Clergy Abuse Coming to California
dopplrstaffIn recent years, the Catholic Church has been overwhelmed with a number of rampant clergy sex abuse survivors speaking out about their alleged abuse as minors. With the statute of limitations often expired by the time survivors decide to legal action, the question of justice and responsibility still exists.
How can perpetrators be held accountable? Can clergy members and administrators who knew of abuse and kept it hidden be held responsible? What financial compensation can survivors be awarded to continue the healing process?
In response to these questions, various Catholic dioceses across the United States have retained Washington D.C. attorneys Kenneth R. Feinberg and Camille S. Biros to create and implement private survivor compensation programs across multiple states. Most recently, a program for California victims of clergy abuse was established on May 14, 2019.
What is a Victim/Survivor Compensation Program?
The various Church sexual abuse of minors compensation programs ultimately provide survivors with an alternative to litigation in the courts. The programs provide victims a quicker and transparent process to resolve their claims with a lower level of proof and corroboration than required in a court of law.
The two administrators of the programs, attorneys Kenneth R. Feinberg and Camille S. Biros, will determine eligibility based off particular criteria and the amount of financial compensation. All compensation will come from Church funds; no public money will be used.
Where are Victim/Survivor Compensation Programs Run?
Programs in the United States currently available in specific Catholic dioceses in New York, Pennsylvania, Colorado, all dioceses in New Jersey, and recently, six diocese in California.
On May 14, 2019, the California bishop and independent attorneys established a California compensation program, titled The Independent Compensation Program for Victim-Survivors of Sexual Abuse of Minors by Priests. Six dioceses in California are currently participating. The Archdiocese of Los Angeles, who previously paid a record $740 million dollars in settlements to victims over the past 15 years, joins the Diocese of San Diego, Sacramento, San Bernardino, Orange, and Fresno as eligible dioceses.
According to NBC San Diego, these dioceses comprise more than 10 million Catholics, or about 80 percent of the state’s Catholic population.
Who is Eligible for these Programs?
All survivors of priest and clergy abuse in the participating dioceses are eligible to file a claim. According to the clergy abuse lawyers at DiMarco | Araujo | Montevideo, this includes undocumented immigrants, those who have not already reported abuse to the church, and if the statute of limitations has passed for your case. Participation is completely voluntary.
How to File a Claim
Depending on your state and program, the following process will differ. First, you will need to confirm you are eligible depending on the rules for your specific state and diocese. If eligible, individuals will submit a completed claim form as requested by each specific program. To assist with the filing process, the program does allow for survivors to hire a Catholic clergy abuse attorney.
If a survivor chooses to accept an offer, he or she must relinquish the right to sue the diocese. A survivor is not required to maintain confidentiality.
Opposition to the Compensation Programs
While some see the compensation programs as a step in the right direction for the Catholic Church to take accountability, some do not.
Some members of SNAP, Survivors Network of those Abused by Priests, urge survivors to expose crimes to the public and pursue justice through the court system. The Network also stated in an official press release, “Survivors deserve a chance to have their day in court and shed light on their abuse, and that can only happen when statutes of limitations are reformed, civil windows are opened, and bishops are held accountable in courts of law.”
Concluding Thoughts
Plenty of rhetoric surrounds the Catholic Church and its manner of handling clergy abuse. While no amount of financial compensation can remove the years of guilt, shame, horror, and pain inflicted on survivors of Catholic clergy and priest abuse, compensation programs are a step in the right direction. If you or a loved one is a survivor of clergy abuse, you have options to seek justice and solace.