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  • The Clergy Sex Abuse Crisis and the Legal Responses

    The Clergy Sex Abuse Crisis and the Legal Responses by O'Reilly, James T.; Chalmers, Margaret S.P.;

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    Product details:

    • Publisher OUP USA
    • Date of Publication 13 November 2014

    • ISBN 9780199937936
    • Binding Hardback
    • No. of pages472 pages
    • Size 165x239x25 mm
    • Weight 499 g
    • Language English
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    Short description:

    In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight.

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    Long description:

    The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion.

    In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.

    The book is as much a textbook for those in the legal profession, law enforcement and in the Catholic Church, who might have to deal with clergy sex abuse cases, as it is a work for Catholics, including clergy child sex abuse victims, and others, trying to understand the multiple facets of the legal side of clergy child sex abuse cases.

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    Table of Contents:

    Preface
    PART I: CONTEXT & BACKGROUND
    Chapter 1 Introduction to a Complex Problem
    Chapter 2 Understanding the Patterns of Clergy Abuse Litigation
    PART II: CIVIL LITIGATION
    Chapter 3 Civil Litigation Against Catholic Dioceses, Parishes and Priests
    Chapter 4 Participants in the Clergy Abuse Case
    PART III: HANDLING ABUSE CLAIMS
    Chapter 5 Delays & Limitations in Clergy Abuse Claims
    PART IV: OTHER RELATED ISSUES
    Chapter 6 Effects of Criminal Charges & Plea Agreements
    Chapter 7 Church Insurance & Abuse Claims
    Chapter 8 Constitutional Issues
    Chapter 9 Bankruptcy Issues
    Chapter 10 Mandated Abuse Reporting Issues
    Chapter 11 Evidence Privileges & Clergy Abuse Issues
    Chapter 12 Repressed Memory Inducement Cases
    Chapter 13 Fraud and Nondisclosure in the Assignment of Clergy
    Chapter 14 Defenses & Claims of Immunity
    Chapter 15 Damages Issues
    Chapter 16 Fiscal Impacts of Abuse Cases on the U.S. Catholic Church
    Chapter 17 Impact of Abuse Cases on External Relations of the Catholic Church
    Chapter 18 Responses Vary Inside & Outside the United States
    Chapter 19 The Church's Internal Big Picture - Governance and Law
    Chapter 20 How Episcopal Culture Contributed to Administrative Failure
    Chapter 21 The Development of the Problem: 1950 to 2002
    Chapter 22 The Perfect Storm in Canon Law: What Went Wrong
    Chapter 23 2002 and Beyond
    Chapter 24 The Particular Issues of Religious Communities
    Chapter 25 The Investigation and Pretrial Canonical Process
    Chapter 26 The Accuser and The Canonical Process
    Chapter 27 Canonical Penal Trials and Outcomes
    Chapter 28 Limitations and Weaknesses in the Canonical Penal System
    Chapter 29 Clergy Abuse Issues in Non-Roman Catholic Denominations
    Chronology
    Bibliography
    Index

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