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Nevada Supreme Court to Consider Liability of Churches for Sexual Abuse

Tuesday, 19 January 2010 06:45

"Because lawsuits alleging sexual abuse by clerics have typically been settled before trials could take place, the state’s courts have not delved very far into the issue of religious groups’ liability for sexual abuse. That’s about to change as the high court considers a case involving a Las Vegas woman who claims she was sexually assaulted nine years ago by a man she described as a cantor at a synagogue.

The Church of Jesus Christ of Latter-day Saints and the Roman Catholic bishops of Las Vegas and Reno have lined up with the synagogue to argue that the First Amendment shields religions from lawsuits of this type.

Marci Hamilton, a professor at Yeshiva University’s Cardozo School of Law in New York City who wrote the counterpoint for the advocacy groups in the Nevada case, says religious groups want to eliminate costly litigation and keep misconduct out of the public eye.

In most states, courts have ruled that the First Amendment can’t be used as a defense in these types of cases, Hamilton says.

In failed attempts to “hide behind the First Amendment,” churches have lost similar cases or paid cash settlements in just about every state except Utah, Wisconsin and Missouri, where courts have been more supportive of church positions, Hamilton says."

This is a legal issue that could lead to more claims being filed if the court finds that these organizations are responsible for the conduct of their officials.  If you or someone you love has been abused in any way and in any situation, you should not hesitate to assert your rights.  Contact the Las Vegas personal injury lawyers at Jack Bernstein & Associates today to schedule a free initial consultation, as the firm has a long history of holding powerful organizations of all types accountable for their actions.