So, Rabbi sexual abuse claims: What are my rights? This uncertainty may be the reason many survivors choose not to report their sexual abuse. Our Michigan clergy sexual abuse lawyer can help you understand your rights in the legal process.
We understand that the decision to come forward after your Rabbi subjects you to sexual abuse can come with complicated and negative feelings. We want to make it clear that there is no amount of shame or blame for the abuse that lies with you.
While you consider your options, please also understand that you have rights in the legal process.
Sexual Abuse Allegations Against Rabbis
Clergy members are in a position of power over their congregation and often in their community. This authority often allows unsupervised or minimally supervised access to children, providing opportunities for abuse. If you find yourself asking, ‘What is clergy abuse?’ you are not alone.
The definition of abuse has expanded in recent decades. While many people may only consider it sexual penetration of some kind, it can encompass many behaviors. Notably physical abuse, emotional and verbal abuse through name calling, and any kind of sexual contact with a minor.
In recent years, the Union for Reform Judaism hired investigators who discovered dozens of incidents of sexual misconduct over the last 50 years. According to an article in The Times of Israel, 17 of these included incidents between adults and minors. The indiscretions ranged from verbal harassment to sexual assault, all of which may result in Rabbi sexual abuse claims.
Your Fight Is Our Fight
Michigan Crime Victim Bill of Rights
The state of Michigan provides several pieces of legislation protecting the rights and privacy of sexual abuse survivors. The Michigan Constitution grants basic rights to crime victims of any crime. These basic rights include:
- The right to be treated with fairness and respect for both dignity and privacy for the duration of the criminal justice process
- The right to a timely disposition and respect for their dignity and privacy throughout the process
- Reasonable protection from the accused
- Notification of court proceedings
- Attendance of trial and any other court proceedings the accused may also have the right to attend
- Conference with the prosecution
- Make a statement to the court at sentencing
- Restitution
The rights outlined in the Michigan Crime Victims’ Bill of Rights are the basics given to anyone victimized by a crime, whether it is theft or Rabbi sexual abuse.
The broad function of this means the act fails to cover some critical components of sexual assault cases. However, additional legislation gives those additional rights that are lacking in the general bill of rights.
Rights Given to Sexual Assault Survivors
In addition to the crime victims’ bill of rights, Michigan legislation provides additional protections for survivors of sexual assault. Most of the rights and protections Michigan provides are related to a survivor’s access to information and resources or expectations for participation in proceedings.
These are outlined in three primary documents, including the above-discussed Michigan Crime Victims’ Bill of Rights, the Sexual Assault Evidence Submission Act, and the Sexual Assault Victim’s Access to Justice Act.
Information and Notice to be Provided to Sexual Assault Victim
Per the Sexual Assault Victim’s Access to Justice Act, section 752.953 states that the investigating officer is required to provide the following information within 24 hours after initial contact:
- Contact information for local community-based sexual assault services
- Notice that they are entitled to a sexual assault examination evidence kit at no charge
- Notice that they may participate in the evidence kit without participating in the criminal justice system or investigation
- Notice of the right to request a protection order
Right to Information
The Sexual Assault Victims’ Access to Justice Act allows the survivor to request information regarding their case and to receive it through telephone, e-mail, or physical mail as requested by the survivor. The survivor’s rights include that they have access to the following information upon request:
- Contact information for the investigating officer
- The current status of the case
- Information regarding whether the case has been sent to the prosecutor’s office
- Whether the case has been closed and the reason for closure
We understand that you may be going through a difficult situation and we are ready to help however we can.
Forensic Testing and Results
Survivors of sexual assault have the right to receive a sexual assault medical forensic evaluation and submit the evidence for testing. The Sexual Assault Victims’ Access to Justice Act ensures you have access to information about your kit. This information includes:
- The date your healthcare center submitted your kit to the forensics lab
- If the evidence presented a DNA profile of a suspect
- Whether a DNA profile will be used to retain or obtain additional evidence for the case
- If the state provides you with information about the test results, they must also provide a handout addressing what various test results may mean
Many survivors of sexual assault may have reservations regarding criminal proceedings for the assault. Section 752.933 of the Michigan Code under the Sexual Assault Kit Submission Act requires the healthcare facility to store your kit for at least one year if you have not released it.
This can provide time to make your decision without worrying about losing evidence.
You will always work directly with your attorney throughout your case.
White Law PLLC is Here to Fight for Your Rights
The choice to pursue legal action against the person who abused you is one that you must make for yourself. However, if you ever find yourself asking, ‘What are my rights?’ know that resources are available at White Law PLLC.
We offer case consultations to allow you to speak with our team, educate us on what your goals are for your case, and allow us to provide insight as to your legal options.
Our firm has dedicated decades to working with survivors of sexual assault and taking on religious institutions when they play a role in facilitating or allowing sexual abuse to occur under their oversight. It can be alarming to think about how prevalent clergy sexual abuse is.
Many survivors suffer in silence, feeling as if they don’t have options, but we know firsthand that telling your story may offer a sense of closure and empower other survivors to come forward to seek justice.
We’re Experienced. We Care.
We Exceed Client Expectations.
