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Suing a Church for Sexual Abuse in New York

The diocese's bankruptcy status is the first thing that determines the route.

  • Free
  • Confidential
  • No police report required
  • No conviction required

How a claim against a church in New York proceeds depends heavily on which diocese is involved and whether it reorganised through bankruptcy, the positions differ materially across the state.

The first question is which diocese

New York’s dioceses are in materially different legal positions. Some reorganised through
Chapter 11 and concluded; one is still in process; two never filed at all. That single fact
changes the route, the deadlines and who decides.

The comparison is set out on the clergy abuse
page.

Parish, school and order can be separate defendants

A diocese is not the only possible defendant. A parish, a parish school, or a religious order
that placed and supervised a member may each carry responsibility. Where a diocese reorganised,
entities outside the reorganisation can sometimes remain answerable.

What churches keep

Assignment histories, personnel files, correspondence about complaints, and records of
transfers between parishes. The recurring pattern in these cases is not an absence of records. It is records showing that a concern was raised and the response was to move someone.

Time limits in New York depend on how old you were, who was responsible and the particular facts. There is no single deadline that applies to everyone. Ask rather than assume. It is a free call.

Does it matter that it was not a Catholic church?

No. Duties around screening, supervision and responding to concerns apply to religious organisations generally. What changes is the structure, whether there is a diocese, a synod, a national body or an independent congregation.

The priest belonged to a religious order rather than the diocese.

An important distinction. Orders are frequently separate legal entities, and one may remain answerable when the other has reorganised through bankruptcy.

My family still attends the parish.

A common and difficult position. A confidential conversation commits you to nothing, and questions about how and when anything becomes known are addressed before any filing.

What actually happens if you contact us

Nothing is set in motion by asking a question.

  1. You speak to a person

    Not a form, not an intake script. You do not have to describe what happened in order to have the conversation.

  2. We look into who had a duty

    Which institution was responsible, what it knew, what records exist, and whether a claim can still be brought. That work costs you nothing.

  3. You decide

    We tell you plainly what is possible. If you decide not to go ahead, that is the end of it and what you told us stays confidential.

  4. If you go ahead, we carry it

    Filings, deadlines, records and the institution's insurers. Steps can be taken to protect your identity in the court record.

Call (646) 413-6394 Free case review