New York Child Sexual Abuse Lawyers

Child Sexual Abuse by Priests

In recent years, the history of assaults and pattern of abuse that has existed in the Catholic Church for years has become highly publicized. A scandal that was once cloaked in secrecy is now a well-known fact. As a result, many victims of these atrocities have felt empowered to share their stories and achieve justice against this powerful institution.

The sexual abuse crisis in the Catholic Church did not begin with the Boston Globe’s Spotlight investigation of the Archdiocese of Boston in January 2002. However, that was the moment when the media and the general public began to recognize a pattern of sexual abuse of children and the Catholic Church’s inept and corrupt manner in which it handled abusive priests.

The cases involving Fr. Gilbert Gauthe and Fr. James Porter are indicative of the Catholic Church’s culture of abuse. Fr. Gilbert Gauthe served as a Catholic priest from 1972 until 1983 and admitted to molesting 37 children during his tenure as a Catholic priest. Fr. James Porter molested more than 100 children over a three-decade reign of terror. It was until the 1990s that his dark past became public. The Diocese of Fall River knew that he was sexually abusing children as early as 1960. In spite of Porter’s admission to the Pope that he was molesting children, the Pope never contacted the civil authorities. He was removed from the priesthood quietly and was allowed to continue molesting children because the Pope did not contact any law enforcement about what he knew about serious criminal behavior.

The Catholic Church’s response to the Gauthe and Porter cases was particularly crude and unsympathetic toward the survivors of sexual abuse. Anyone who came forward with allegations against a Catholic priest was considered an enemy of the Church and accused of sin because they had the audacity to speak publicly about a priest.

The Catholic Church’s response to these early warning signs of a systemic problem consisted of feigning ignorance and attacking the survivors. The bishops claimed that they relied on psychological experts for recommendations concerning the abusive priests and had no idea of the impact of childhood sexual abuse. They also did everything in their power to cover up for the priests and save the Church from scandal. Their own files, which are kept meticulously, are evidence of this.

Disclaimer: The Rheingold Giuffra Ruffo Plotkin & Hellman LLP Firm does not intend to convey that the sex abuse crisis involves every Catholic priest, but rather a minority of priests.

Child Sexual Abuse in the Boy Scouts of America Organization

The Boy Scouts were typified by virtue-based activity founded upon life skills that would build natural virtues, as well as provide a lifetime of practical skills for every circumstance. The rugged skills learned by the young scouts attracted others and the Boy Scouts of America was born.

What began as American society’s solution to the problems posed by adolescence has turned into a national disgrace as well as the moral and financial bankruptcy of a cultural icon—the Boy Scouts of America recently filed for bankruptcy after spending the last few decades staving off sexual abuse lawsuits filed by scouts themselves against their scout leaders.

The Boy Scouts’ own rules and regulations point to their own recognition that such a problem could arise. They had a two-deep rule and many other safeguards that should have prevented sexual abuse from happening. Yet, it happened anyway.

The two-deep rule states, “Two registered adult leaders 21 years of age or over are required at all Scouting activities, including meetings. There must be a registered female adult leader 21 years of age or over in every unit serving females. A registered female adult leader 21 years of age or over must be present for any activity involving female youth. Notwithstanding the minimum leader requirements, age- and program-appropriate supervision must always be provided. All adults accompanying a Scouting unit who are present at the activity for 72 total hours or more must be registered as leaders. The 72 hours need not be consecutive. One-on-one contact between adult leaders and youth members is prohibited both inside and outside of Scouting.”

Some abuse advocates lay the blame squarely on the shoulders of Scout leadership. Leaders allowed adults working with scouts to ignore the rules, particularly the two-deep rule. In 2010, a far more insidious fact was publicly revealed about the scouting organization. For decades, almost since its inception, the leaders of the Boy Scouts maintained “Perversion Files” a.k.a. “Ineligible Volunteer Files” which were secret files of scout leaders who had sexually abused minors or made them unsuited to mentor children. These files were confidential and kept out of the public eye for decades until a sexual abuse lawsuit revealed their existence. Once revealed, the public was stunned to learn that the Boy Scouts had kept such files on hundreds of adult volunteers who had abused children. In almost every instance, a Scout file was created but law enforcement was not notified. This allowed the problem to fester and grow, implicating not only those who had committed the atrocities but Boy Scout leadership itself for covering up the crimes.

In mid-February 2020, the Boy Scouts of America filed for bankruptcy protection in federal court, effectively halting hundreds of sexual abuse lawsuits against the organization. The bankruptcy filing in Delaware has yet to announce a deadline for Boy Scout abuse claims to be filed. The deadline is important for anyone who was sexually abused as a scout. Once the deadline has passed, it will be very difficult to make a claim against the Boy Scouts for abuse that happened before the bankruptcy filing.

Like many Catholic dioceses in the United States, the bankruptcy filing will put an end to the endless stream of abuse lawsuits. Once the deadline has passed, only allegations that concern abuse after the date of the bankruptcy will be considered.

Sexual Abuse in Religious Organizations

For many people, the church can be a source of spiritual reflection, education, and comfort. Sadly, religious organizations are also commonly identified in cases of sexual abuse, particularly of young children. The victims of heinous, abusive acts can achieve a form of justice by filing a lawsuit against the people who are responsible for their suffering.

In sexual abuse cases, the perpetrator is responsible for their actions and can be held accountable in both criminal and civil court. However, civil cases allow victims to hold responsible third parties accountable as well. This may include church administration and church or school officials who failed to do what they could to prevent abuse.

In a civil case, the following parties could be held liable for sexual abuse in religious organizations:

• Church leaders
• Members of a church
• Church organizations and administration
• Security personnel
• Other officials

Sexual abuse claims are subject to a statute of limitations. This means that a claim must be filed within a certain amount of time to be considered viable.

New York state law is sensitive to the plight of sexual abuse survivors. A person who has been sexually assaulted may not be ready to bring their case forward right away or may not understand the extent of the impact of abuse until years later. Victims of childhood sexual abuse in a religious organization can file a civil case until the age of 55 years old. A parent or guardian can file a lawsuit on behalf of their child.

Child Sexual Abuse in Schools

School is thought of as a safe place to send our children to learn and expand their knowledge. Unfortunately, they are vulnerable to several types of abuse, including sexual abuse during and after school hours. Sexual abuse could be from teachers, coaches, and school administrates, happening to both boys and girls. In many instances, the abusers use their position to take advantage of innocent students. Schools are responsible for the safety of our children and for properly supervising and protecting them. Schools should be a place where parents feel safe to send their children and be certain they are protected from abuse.

There are too many sad stories of past and current sexual abuse at all types of schools. Our school sexual abuse lawyers litigate against any school. It is important to note that claims notices may need to be filed within 90 days when city public and residential schools are involved.

A Legacy of Success in High-Profile Sexual Abuse Cases

Our partner Sherri Plotkin is a leader in our sexual abuse litigation department. Along with our trial partner, Thomas Giuffra, the two take and prosecute high-profile cases. Both have significant settlements and verdicts against schools and government entities.

Contact Us Today

If you or your child was the victim of sexual abuse, turn to the New York child sexual abuse attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman LLP for the compassionate, personalized legal guidance you need. You deserve to have your voice heard, as well as a chance at a fair recovery. Let us fight for you.