'Another level of coverup': How a Mass. law prevents clergy abuse survivors from getting justice
It can take decades for an adult who survived sexual abuse as a child to bring a lawsuit. That’s the case for many who were abused by trusted members of the community, like Catholic priests. But in Massachusetts, even if a survivor of clergy abuse decides to sue, state laws can stand in the way of justice.
The first hurdle is the statute of limitations. If a victim is older than 53 and it’s been more than 7 years since they realized the abuse harmed them, the statute of limitations applies — meaning it's likely too late to bring a lawsuit.
The second obstacle is known as the charitable immunity law, which applies to nonprofit charities. It generally limits the liability of charitable organizations, including Catholic dioceses, to $20,000. (Medical malpractice lawsuits against a nonprofit provider are capped at $100,000.)
Eric MacLeish has been one of the lead attorneys on clergy abuse cases against the Archdiocese of Boston and has sued all the dioceses in the state.
"Massachusetts has the worst charitable immunity statute in the country," she said.
Robb said her group is working with state lawmakers to eliminate the $20,000 cap for child sexual abuse claims.
"It’s time for Massachusetts to come out of the dark ages," she said.
Massachusetts used to give nonprofits complete immunity from all liability, based on the idea that charities get their money from public donations and those funds should be used only for charitable work. In 1971, lawmakers took away this blanket immunity, but capped damages.
"That purpose has long passed," he said, "because most charities — I shouldn't say all — but a charity like the Catholic Church is a very wealthy, powerful organization. They're not little Podunk entities that would wither if they had a significant lawsuit."
https://www.nhpr.org/2024-01-18/another-...ng-justice
It can take decades for an adult who survived sexual abuse as a child to bring a lawsuit. That’s the case for many who were abused by trusted members of the community, like Catholic priests. But in Massachusetts, even if a survivor of clergy abuse decides to sue, state laws can stand in the way of justice.
The first hurdle is the statute of limitations. If a victim is older than 53 and it’s been more than 7 years since they realized the abuse harmed them, the statute of limitations applies — meaning it's likely too late to bring a lawsuit.
The second obstacle is known as the charitable immunity law, which applies to nonprofit charities. It generally limits the liability of charitable organizations, including Catholic dioceses, to $20,000. (Medical malpractice lawsuits against a nonprofit provider are capped at $100,000.)
Eric MacLeish has been one of the lead attorneys on clergy abuse cases against the Archdiocese of Boston and has sued all the dioceses in the state.
"Massachusetts has the worst charitable immunity statute in the country," she said.
Robb said her group is working with state lawmakers to eliminate the $20,000 cap for child sexual abuse claims.
"It’s time for Massachusetts to come out of the dark ages," she said.
Massachusetts used to give nonprofits complete immunity from all liability, based on the idea that charities get their money from public donations and those funds should be used only for charitable work. In 1971, lawmakers took away this blanket immunity, but capped damages.
"That purpose has long passed," he said, "because most charities — I shouldn't say all — but a charity like the Catholic Church is a very wealthy, powerful organization. They're not little Podunk entities that would wither if they had a significant lawsuit."
https://www.nhpr.org/2024-01-18/another-...ng-justice
teachings of the Bible are so muddled and self-contradictory that it was possible for Christians to happily burn heretics alive for five long centuries. It was even possible for the most venerated patriarchs of the Church, like St. Augustine and St. Thomas Aquinas, to conclude that heretics should be tortured (Augustine) or killed outright (Aquinas). Martin Luther and John Calvin advocated the wholesale murder of heretics, apostates, Jews, and witches. - Sam Harris, "Letter To A Christian Nation"
