I was abused by a priest. Can I sue the Church?
I was sexually abused by my priest as a child. The priest has been convicted and I want to sue him to make him pay for my damages but he has no money or assets. Can I sue the Roman Catholic Church instead?
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Answer by Shamaila Khan.
- Currently, no. The current legal position in Australia is that the Roman Catholic Church and other religious institutions cannot be directly sued for sexual assaults committed by members of the clergy.
- It is difficult to claim that the church is liable for the actions of individual priests as generally they are not always regarded as employees of the church or if they are employees their criminal actions are likely to be considered to be outside the scope of their employment.
- This area of the law is currently under review in many states. You should speak to a lawyer who specialises in victims’ compensation law to find out what options are available to you in your state. You can find a lawyer in your area through our Find a Lawyer directory.