It takes immense courage to revisit the pain of past abuse, and for survivors of sexual abuse connected to the Church of Jesus Christ of Latter-day Saints (LDS or Mormon Church), the journey towards justice can seem overwhelming. While the legal path is complex, understanding how to pursue legal action is a vital step toward seeking accountability and healing. An experienced Mormon church sexual abuse lawyer can guide you through the process, from understanding the unique legal landscape to outlining what you can expect as you file a claim against the Mormon Church for sexual abuse.
How do I file a sexual abuse claim against the Mormon Church?
If you are a survivor of sexual abuse connected to the Church of Jesus Christ of Latter-day Saints, here’s how to begin your legal journey:
- Prioritize your mental health: Seek support from a therapist or support group before pursuing legal action.
- Consult a lawyer: Speak with a sexual abuse attorney who handles church abuse cases. Most offer free, confidential consultations.
- Understand your state laws: Statutes of limitations and “look-back” windows vary by state. An attorney can explain your eligibility.
- Gather evidence: Your testimony is powerful. Additional documents (e.g., journals, therapy records) can support your case.
- File your lawsuit: Your lawyer will file a civil complaint in the appropriate court. In many cases, you can file anonymously.
- Participate in discovery: This phase involves sharing documents, answering questions, and possibly giving sworn testimony.
- Negotiate a settlement: The LDS Church is actively settling cases through private negotiations. Many lawsuits resolve before trial.
- Go to trial (if needed): If no settlement is reached, your case could proceed to court, where your legal team will advocate for you.
Taking the First Step: Prioritizing Your Well-being
Your well-being should be your paramount concern before considering any legal action. Reaching out to a trusted therapist, support group, or mental health professional can provide invaluable support as you navigate these difficult emotions. Remember, seeking justice is a deeply personal journey, and it’s one you don’t have to walk alone.
When you feel ready to explore your legal options, know that compassionate legal professionals are prepared to listen without judgment and guide you through every step.
Understanding the Current Legal Landscape
It’s important to clarify a common question survivors have: “Is there a single federal lawsuit (a multidistrict litigation, or MDL) against the Mormon Church for sexual abuse?” While many victims and attorneys had hoped for a centralized MDL for all federal cases, the U.S. Judicial Panel on Multidistrict Litigation (JPML) actually declined to consolidate these lawsuits into one federal proceeding.
The JPML’s decision was based on the diverse nature of the claims, involving different alleged abusers, occurring over various time periods, and under differing church policies across multiple states. This means that instead of one large federal case, claims against the Mormon Church are proceeding through a combination of other legal avenues:
- Individual Lawsuits: Many survivors are filing individual civil lawsuits in state or federal courts.
- State-Level Coordination: In states with a high volume of cases, such as California, state courts have created Judicial Council Coordination Proceedings (JCCPs). These are similar to MDLs but operate within a single state’s court system, coordinating pre-trial matters for related cases.
- Private Claims Resolution Process: The LDS Church has reportedly engaged directly with certain law firms representing survivors to resolve claims privately, outside of public court proceedings. This involves submitting “case inventories” for confidential review and negotiation.
- Informal Alliances: Law firms across various states are also forming informal alliances to share information, resources, and strategies, ensuring a coordinated effort even without a formal court-ordered consolidation.
This multifaceted approach means that while there isn’t one national MDL, significant legal efforts are very much underway to hold the Church accountable.
The Critical Role of Statutes of Limitations and “Look-Back” Laws
One of the most common concerns for survivors, especially those whose abuse occurred many years ago, is the statute of limitations. This is the state-specific legal deadline for filing a lawsuit. Historically, these deadlines often prevented survivors from seeking justice.
However, in a powerful move to protect survivors, many states across the U.S. have enacted “look-back” laws. These crucial legislative changes temporarily (or sometimes permanently) lift or extend the traditional statute of limitations for child sexual abuse claims. This allows survivors who were previously time-barred to come forward and file lawsuits.
- State Variations: It is vital to understand that statutes of limitations and “look-back” windows vary significantly from state to state. What might be possible in California might be different in Utah or Florida.
- No Specific Guarantees: These laws are dynamic, and their applicability to your specific situation will depend on when and where the abuse occurred, and the laws currently in effect in that state.
This is precisely why consulting with a legal professional familiar with these complex and evolving laws is so important.
Steps to Filing a Claim Against the Mormon Church
If you are considering filing a claim, here are the general steps involved:
- Seek Legal Consultation: This is your first and most crucial step. A compassionate personal injury legal team focusing on church abuse cases will listen to your story confidentially, assess the merits of your potential claim, and explain your legal options, including the relevant statutes of limitations in your state. This initial consultation is typically free and without obligation.
- Investigation and Evidence Gathering: Your legal team will conduct a thorough investigation, which may include:
- Gathering your testimony and any available documentation (e.g., old church records, personal diaries, medical or therapy records).
- Investigating the alleged abuser’s history within the Church.
- Looking into the Church’s policies and knowledge regarding abuse at the time of the incident.
- Even if you believe you have no “evidence” beyond your memory, your testimony itself is incredibly powerful and often sufficient in civil sexual abuse cases. Courts recognize the secretive nature of abuse.
- Filing the Lawsuit: If your attorney determines you have a viable claim, they will prepare and file a formal legal complaint in the appropriate court (state or federal).
- Anonymity: In some jurisdictions, it may be possible to file your lawsuit under a pseudonym (“Jane Doe” or “John Doe”) to protect your privacy, though this depends on state law and judicial discretion. Your attorney can explain this option.
- Discovery Phase: This stage involves both sides exchanging information and evidence. It may include depositions (sworn testimonies outside of court), requests for documents, and other forms of information exchange. Your legal team will support you throughout this process.
- Negotiation and Settlement: Many civil claims, especially those against institutions, are resolved through out-of-court negotiations or mediation. The Mormon Church has been actively engaged in a private claims resolution process to reach confidential settlements.
- Trial (If Necessary): If a fair settlement cannot be reached, your case may proceed to trial before a judge or jury. Your attorney will represent your interests throughout the entire process.
What Compensation Can You Seek?
While no amount of money can undo the trauma of abuse, civil claims attempt to provide survivors with financial compensation for the harms they have endured. This compensation typically falls into categories of “damages”:
- Economic Damages: These cover quantifiable financial losses, such as:
- Past and future medical expenses (e.g., therapy, counseling, medication).
- Lost wages or diminished earning capacity.
- Non-Economic Damages: These address intangible harms and losses, including:
- Pain and suffering.
- Emotional distress, including PTSD, anxiety, depression, and other psychological impacts.
- Loss of enjoyment of life.
- Damage to reputation or personal relationships.
- Punitive Damages: In some cases, if the institution’s conduct was particularly egregious (for example, a deliberate cover-up), courts may award punitive damages. These are meant to punish the wrongdoer and deter similar conduct in the future. State laws vary on the availability and caps of punitive damages.
If you are a survivor of sexual abuse connected to the Mormon Church, remember that taking legal action is a brave and empowering step. You deserve to be heard, and you deserve justice. The legal process can provide a pathway to accountability and help you begin to rebuild your life.
Contact Our Mormon Church Sexual Abuse Team
It is essential to consult with an experienced personal injury attorney for personalized advice regarding your experience and to understand how the evolving laws apply to your unique situation. Dolman Law Group Accident Injury Lawyers, PA, is dedicated to assisting survivors of religious institutional negligence and abuse. We are prepared to offer legal help and compassionate representation, fighting to hold responsible parties accountable for the harm they have caused.
Contact Dolman Law Group today at (904) 441-6903 for a free and confidential consultation to learn more about your rights and how we can help you navigate the process of filing a claim against the Mormon Church. We are here to support you in your pursuit of justice.
