All forms of sexual assault are heinous. However, sexual abuse at the hands of a clergy member is a particularly horrific betrayal of the trust we put in our spiritual leaders.

In the past, clergy sexual abuse was a taboo subject many religious communities swept under the rug. But the truth has slowly come to light over the last few decades. Thanks to changes in legislation and national awareness, more and more brave survivors are coming forward to hold abusive clergy to account for their wrongs under the law.

Let’s take a look at the current state of the fight against clergy sexual abuse in Texas. I’ll look at some data on recent Texas clergy sexual assault cases and discuss how state law is helping survivors get justice for past and present abuse.

How Common Is Texas Clergy Sexual Assault?

Sexual abuse by clergy members and religious leaders is much more common than we know in Texas. Sexual assault and abuse are already vastly unreported compared to other violent crimes. Survivors who experience abuse by religious figures often face additional challenges coming forward about the violation they suffered, including pressure from church leaders to keep silent. 

However, investigative journalists and advocacy organizations have made an effort over the past few decades to measure the extent of clergy sexual abuse in Texas. A non-profit organization that maintains a record of credible sexual abuse allegations against Catholic clergy lists 299 individuals accused of child sex abuse in the state of Texas between 1950 and 2018. In 2019, the Houston Chronicle reported that 380 church leaders and volunteers in the Southern Baptist Convention had faced claims of sexual abuse since 1998. Their intensive investigation spanned 40 Texas counties and revealed over 700 victims.

Tragically, many of the most publicized incidents of clergy abuse involve children or minors. However, two recent cases are a reminder that adults, too, suffer sexual violations at the hands of a religious leader. 

What Does Texas Law Say About Clergy Sexual Assault? 

Texas is one of several states that specifically criminalizes sexual misconduct by clergy members. Under state law, sexual assault happens when a perpetrator initiates sexual activity with someone who does not or cannot consent to it. The law outlines several situations where consent is unambiguously absent, including situations involving physical force or threats.

The law also recognizes situations that are inherently coercive, even without the threat of violence. These situations include sexual conduct that happens when a person is unconscious, disabled, or mentally incapacitated. Sexual conduct is also considered coerced if the perpetrator is “a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser.” Put simply, clergy members have a unique power and influence within their communities. When they abuse this power to pressure adults or minors into sexual contact, that’s a felony crime. 

What Are the Legal Options for Survivors of Clergy Sexual Assault?

Texas law offers victims of sexual assault by clergy members two avenues for seeking justice: criminal charges and civil lawsuits. 

Criminal cases are led by a prosecutor who files criminal sexual assault charges against the perpetrator. If convicted, they can face fines and prison time. Generally, there’s a 10-year deadline for bringing criminal sexual assault charges against someone. However, this statute of limitations is waived in situations involving:

• Sexual assault of a child,
• Continuous sexual abuse of a child, and
• Serial sexual assault against more than five victims.

Civil lawsuits are separate from criminal charges. Rather than punishing the offender, they aim to compensate the victim for their harm. Damages awarded in personal injury lawsuits for clergy sexual assault can help survivors recover compensation for:

• Past medical expenses related to sexual trauma,
• Lost wages or earnings linked to sexual trauma,
• Mental health treatment or hospitalization expenses, and
• Emotional distress.

Texas law gives most clergy sexual assault survivors five years to file a personal injury suit in civil court. However, when the victim is a child, the statute of limitations extends significantly. As of 2019, children who suffered sexual assault have up to 30 years after their 18th birthday to file a civil lawsuit against the clergy member who abused them. Now, victims can also file a suit against a church or religious organization whose negligence may have contributed to the sexual abuse they suffered. 

You Don’t Have to Stay Silent

For too long, survivors of clergy sexual assault were forced to keep their suffering a secret out of shame and fear. If you or a loved one has experienced sexual assault at the hands of a religious leader, you are not the one who should be ashamed. Thanks to recent developments in Texas law, survivors of clergy sex abuse have more time and legal options for holding abusers to account.

Grossman Law Offices is proud to help empower and support survivors as they pursue just compensation for their suffering. With over 30 years of experience in Texas personal injury law, we have the legal insights and on-the-ground experience to help you understand and exercise your rights. To learn more, contact our office today to schedule a free consultation with a legal advocate.