Sexual abuse is a grave crime. When a clergyperson commits it, there is a severe breach of trust and moral responsibility. For years, religious institutions, especially churches, have been deliberately suppressing these incidents, leaving survivors without accountability. But since public awareness has increased and laws have changed, survivors are coming forward. We, at Cheslie King Garza P.C., understand that surviving sexual assault by clergy can be traumatic, but the state and some law firms, including ours, are helping survivors pursue justice.
What Is Sexual Assault by Clergy Members?
Sexual assault by a clergy member in Texas is a criminal act under the Texas Penal Code. It occurs when a religious leader or other members of the religious institution use their position to coerce sexual activity with a parishioner or congregant.
Examples can include:
- Sexual conversations
- Invading personal space
- Making suggestive comments
- Sending sexual images or texts
- Pressuring the other individual to participate in sexual acts
- Unwanted touching or any other uncomfortable contact
There is an abuse of power and the sexual exploitation of a child, teenager, or vulnerable adult. It is a serious felony offense in Texas, and consent isn’t a valid defense, as the power dynamics compromise the victim’s ability to give meaningful consent.
In addition, clergy members, including a priest, pastor, bishop, minister, imam, or rabbi, are obligated to report suspected abuse. Failing to do so is a Class A misdemeanor, with a maximum jail term of 1 year and a fine of up to $4,000.
How Common Is Sexual Assault by Clergy Members?
Several investigations reveal a widespread impact of sexual assault in churches and other religious institutions. Thousands of priests have been accused over the decades, and hundreds of thousands of victims, especially males, have suffered.
In the US alone, 81% of clergy sexual abuse victims are males. In 2019, 15 Catholic dioceses revealed the names of around 299 clergy members accused of sexually abusing children from 1950 to 2018. Another investigation by the Houston Chronicle revealed more than 380 perpetrators and 700 victims within the Southern Baptist Convention since 1998.
The actual numbers can be much higher as there is significant underreporting. Systematic cover-ups are also common in Catholic churches to safeguard the reputation of the church over the well-being of the victims. Accused clergy members can be quickly relocated or transferred to newer parishes or countries. This heinous crime continues to plague millions of churches, and these institutions fail to take accountability for the situation.
The abuse can lead to severe emotional trauma, including anxiety, depression, PTSD, substance abuse, and ruptured relationships. It also breaks the victim’s faith in the community and God.
If you or a loved one has suffered clergy sexual abuse, we encourage seeking immediate and expert legal support to understand the next steps.
What Are Your Legal Options in a Texas Clergy Sexual Assault Case?
In Texas, survivors have strong legal avenues to address both historical and ongoing sexual assault in churches (also called priest abuse), including:
- Criminal prosecution (to punish the perpetrator)
- Civil lawsuits (to seek compensation and accountability)
With criminal prosecution, the aim is to penalize the perpetrator through fines and jail time. Penalties can vary, but can be severe. In civil lawsuits, the purpose is to get financial compensation and hold organizations accountable. These cases rely on theories such as breach of fiduciary duty, concealment, negligence, and vicarious liability to establish liability and hold the institution responsible.
If convicted, the perpetrator can be charged with a first- or second-degree felony, with fines of up to $10,000 and up to 25 years in prison. If the victim is younger than 14, the penalty can be up to 99 years in prison.
There is a 10-year deadline, and children have up to 30 years after their 18th birthday to file a personal injury case. But the statute of limitations may be waived in specific situations, including:
- Sexual assault of a child
- Continuous abuse
- Serial assault of more than five victims
A skilled sexual assault attorney in Texas can gather witness testimony, photos, videos, personal accounts, and other evidence to prove clergy abuse. You may be entitled to both economic and non-economic damages, including:
- Medical expenses (for therapy, medications, rehab, etc.)
- Lost income
- Reduced working capacity
- Loss of future earnings
- A need to switch careers
- Emotional pain and suffering
- Mental health conditions like PTSD
- Loss of enjoyment of life, and more
Competent and compassionate Texas sexual abuse lawyers can build a strong defense in your case and prove clergy abuse.
Let Attorney Chelsie King Garza Assist You
If you are a victim of sexual assault by clergy, connect with attorney Chelsie King Garza today. Ms. Garza understands the courage it takes to speak up, but the sooner you consult, the sooner she can review your case and press charges against your abusers. Call (713) 893-8808 now for a free, initial, confidential case evaluation and or contact us online to get the assistance you need and deserve.
