Sexual Misconduct and Fraudulent Concealment

In certain cases, the statute of limitations may not apply.

Church Law and Tax 1996-03-01

Sexual Misconduct by Clergy and Church Workers

Key point:Minors who are sexually molested by church workers may not sue their church after the statute of limitations has expired. Generally, the statute of limitations begins to run on a minor’s 18th birthday. In some states the statute of limitations does not begin to run if church or denominational officials “fraudulently conceal” relevant information from a molestation victim.

The South Dakota Supreme Court ruled that the statute of limitations for bringing a lawsuit for acts of sexual molestation may be suspended or delayed through “fraudulent concealment” by a denominational agency of the incidents. A former altar boy sued a priest and diocese in 1992 for the priest’s acts of molestation that occurred over a 17 year period from 1958 through 1975. The victim claimed that it was not until 1991, in the course of counseling, that he realized that he had been a victim of abuse. The court ruled that the statute of limitations would not be a bar to this lawsuit if the diocese fraudulently concealed from the victim the incidents of abuse, since the statute of limitations is “suspended” under these circumstances. The court concluded that there was evidence that the diocese fraudulently concealed from the victim information concerning the incidents. It referred to (1) a letter from the offending priest to his bishop responding to accusations made against him by another priest concerning “young people”; (2) the victim, before he graduated from high school, bartended parties for the bishop and several priests, and when the offending priest became drunk he would be openly affectionate to the victim in front of the other clergy; and (3) the abuse of the victim occurred over a 17 year period of time during which 17 different priests heard confessions regarding the incidents of molestation involving the victim. The court concluded that if the diocese in fact knew of the acts of molestation but did nothing to warn the victim or his family, then this amounted to “fraudulent concealment” of the victim’s cause of action that suspended the statute of limitations until he in fact discovered that his emotional injuries were caused by the abuse. Koenig v. Lambert, 527 N.W.2d 903 (S.D. 1995). [ Seduction of Counselees and Church Members, Negligence as a Basis for Liability, Denominational Liability]

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square