the road to hana wrote:Charity, I have three specific questions for you:
Do you think a child who is abused by a parent should be able to sue that parent for damages?
Do you believe anyone who is abused and tells clergy who fails to report it should be able to bring action against the clergy who failed to report it?
Do you believe anyone who leaves an abusive spouse should expect the support of their clergy?
I realize you addressed your post to Charity, but here's what I think:
Do you think a child who is abused by a parent should be able to sue that parent for damages?
skippy: Yes, if such a cause of action is provided by law, but it must be within the time provided by the statute of limitations. Even if the plaintiff recovered a repressed memory in 1991, we're now 16 years later. Time's definitely up.
Do you believe anyone who is abused and tells clergy who fails to report it should be able to bring action against the clergy who failed to report it?
skippy: No. There are already penalties in place via the various mandatory reporting statutes. Besides, she was an adult and no longer subject to the abuse - I don't believe that there would be any reporting required since there was not current abuse of a child, nor was there imminent abuse to a child.
Do you believe anyone who leaves an abusive spouse should expect the support of their clergy?
skippy: Generally, yes. Is it actionable if they don't? No.
I'm not surprised that the plaintiffs can't find an attorney willing to take this case on a contingency basis. There's nothing there. I'm sorry that they've found themselves in such a situation, but I don't think there's any redress at law or equity for them.