Victim Rights
When survivors of clergy sexual misconduct recognize their experience as abuse and feel compelled to bring a case forward, there are some important issues that must be considered. First, there is risk involved for the survivor who decides to speak up. The risk lies in the response of religious institutions, faith communities, legal advisors, family, and friends as this very painful and personal experience is brought into the open.To minimize or avoid re-victimization, survivors and their supporters should know they have a series of rights in the process of reporting and resolving a case.
Reporting Phase
Even before a report is made, it is important to know the denominational climate toward clergy sexual misconduct. For example: Are there policies in place? Is there a safe and impartial point-of-contact to begin the reporting process? A little bit of research can give parties a sense of how well their rights will be honored from the start.All parties have a right to have easy access to the policies relating to clergy sexual misconduct for their religious institution. Many religious organizations have policies available for viewing through the internet. If not, make a phone request for a copy.
Victim survivors have the right to good information on all the paths toward resolution, including disinterested legal advice from an attorney who is not seeking to represent them. A good advocate or advocacy group will be willing to provide information and resources on each option that exists for survivors. No one should be pressuring parties to take one path over another.
Victim survivors have a right to initial contact with a church representative who is caring, compassionate, and non-judgmental. Many religious organizations have a specific position or office for clergy misconduct, often called “victim assistance minister” or “abuse hotline.” A friend or advocate can call first and ask a few questions of the person on the other end of the line.
Persons who have been wronged have a right to a victim advocate who will assist them throughout the entire process. Once an advocate is selected who feels comfortable, that person should be committed to staying with the person seeking redress through the entire process of resolution. This is an agreement which can be made in writing.
Victim survivors have the right to make their own informed decisions without feeling coerced or pressured in any way. Their journey as a survivor is particular to each person. They have the right to make their own choices without waiting for advice, criticism, suggestions, or even praise. A good advocate or offending institution respects these choices.
All parties have a right to be heard in a manner that is welcoming and compassionate. This applies to church representatives, advocates, mediators, and legal advisors or representatives. Many survivors carry shame, guilt or fear as they tell their story. If someone does not treat victim survivors and their supporters with compassion and respect, they are not doing their job correctly.
All parties have the right to ask for updates or information and receive a prompt response. Sometimes professionals or institutions act as if survivors and their supporters are bothering them or wasting their time when they call for updates or information. Representatives of the offender should respond to reasonable requests in a timely and respectful manner.
Investigation Phase
Victim survivors have the right to an open and fair investigation of the facts without any pre-judgments or conclusions about the veracity of the complaint or the character of the offender. It is important to have the assistance of an independent victim’s advocate to stand alongside the claimant, who is willing to voice a complaint if an investigation is not fair or open. Typically, investigations have been conducted under the umbrella of confidentiality. However, there can be a benefit for overall resolution of the trauma if the victim is involved in the investigation process rather than kept in the dark.The faith community (parish or congregation) where the offenses occurred has a right to be informed of the allegations in an objective way by a leader of the congregation or denomination. This right not only informs the community about the abuse, but it allows other victims the information that gives them the chance to come forward and get help.
Affected persons have the right to a prompt investigation that recognizes the harm and distress the survivor victim has carried for a long time. One of the most frustrating and painful experiences can be an investigation that is slow or stalled. Institutions should give a time estimate as to how long the investigation phase should take.
Resolution Phase
Every survivor has a right to justice, but this can mean different things to different people. Faith communities have the right to know the resolution of a case, along with the explanation for the decision. This reporting of the resolution should be guaranteed on the day a victim survivor comes forward so that the person and their supporters are not left wondering what happened with the case.Survivor victims have a right to financial compensation. Restoration can include money. This option should be presented either by the victim survivor or the advocate.
Survivor victims also have the right to other restorative measures such as counseling, facing the offender, and a sincere apology.
Members of the faith community have a right to disclosure of instances of abuse, and the victim survivor has the right to make a public disclosure. Gag orders or non-disclosure agreements should not be affirmed which prevent the victim survivor from the freedom to make the whole story known.
All members of the faith community have the right to feel validated and healed in the process of bringing a case of abuse forward.
Follow-through Phase
Victim survivors and their supporters are entitled to have a church leader from their own faith community inform the congregation about the way a particular case has been resolved, and publicly welcome the victim survivor back if he or she has been absent for awhile.If the offender in a particular case has not been criminally prosecuted, the survivor has the right to assurance that the offender is being treated or sanctioned so that future misconduct does not occur.
—> Next Page