The Clergy Sex Abuse Crisis and the Legal Responses

Hardcover | October 21, 2014

byJames T. OReilly, Margaret S.P. Chalmers

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The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have producedmany scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion. In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomoussystems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues ofrespondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.

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The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have producedmany scandalous headlines and fuelled public di...

James T. O'Reilly is a Professor at the University of Cincinnati College of Law. He was President of the Archdiocesan Pastoral Council under Archbishop (later Cardinal) Joseph Bernardin. He has served as a state police officer, taught criminal law and published several books on criminal investigatory procedure. His legal article on chu...
Format:HardcoverDimensions:472 pages, 9.25 × 6.12 × 0.98 inPublished:October 21, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199937931

ISBN - 13:9780199937936

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Table of Contents

PrefacePART I: CONTEXT and BACKGROUND1. Introduction to a Complex Problem2. Understanding the Patterns of Clergy Abuse LitigationPART II: CIVIL LITIGATION3. Civil Litigation Against Catholic Dioceses, Parishes and Priests4. Participants in the Clergy Abuse CasePART III: HANDLING ABUSE CLAIMS5. Delays and Limitations in Clergy Abuse ClaimsPART IV: OTHER RELATED ISSUES6. Effects of Criminal Charges and Plea Agreements7. Church Insurance and Abuse Claims8. Constitutional Issues9. Bankruptcy Issues10. Mandated Abuse Reporting Issues11. Evidence Privileges and Clergy Abuse Issues12. Repressed Memory Inducement Cases13. Fraud and Nondisclosure in the Assignment of Clergy14. Defenses and Claims of Immunity15. Damages Issues16. Fiscal Impacts of Abuse Cases on the U.S. Catholic Church17. Impact of Abuse Cases on External Relations of the Catholic Church18. Responses Vary Inside and Outside the United State19. The Church's Internal Big Picture - Governance and Law20. How Episcopal Culture Contributed to Administrative Failure21. The Development of the Problem: 1950 to 200222. The Perfect Storm in Canon Law: What Went Wrong23. 2002 and Beyond24. The Particular Issues of Religious Communities25. The Investigation and Pretrial Canonical Process26. The Accuser and The Canonical Process27. Canonical Penal Trials and Outcomes28. Limitations and Weaknesses in the Canonical Penal System29. Clergy Abuse Issues in Non-Roman Catholic DenominationsChronologyBibliographyIndex