The Church of Scientology has long since been viewed with a degree of skepticism as a religion that deviates from the more commonly observed Christianity and Judaism.
However, similar to many other religious institutions in the United States, stories of abuse at the hands of Scientology clergy have come to light, and survivors may be unsure of if or how they will be protected should they also choose to step forward. We hope to use ‘Scientology Sexual Abuse Claims: What are My Rights?’ to provide some degree of clarity.
If you are considering pursuing a sexual abuse claim against Scientology, you are granted specific rights according to Michigan law. When you work with a Michigan Clergy Sexual Abuse Lawyer, you will have trauma-informed legal representation that understands the importance of keeping you involved and letting you guide your path.
Our team is committed to challenging exploitative and abusive organizations and will stand by you to fight for your rights.
Sexual Abuse in Scientology
Like other types of religious and community organizations, the church of Scientology has made its way into the media with horrifying allegations of abuse.
Before we fully discuss accusations, it’s imperative to be able to answer the question, ‘What is Clergy Abuse?’ In recent decades, it has come to be known as any form of exploitation or misconduct by religious leaders or officials.
The Church of Scientology became a common mention in court hearings surrounding Danny Masterson. In September of 2023, Danny Masterson was sentenced to 30 years to life in prison for the rape of two women in 2003 who were also engaged in the Church of Scientology.
As a leader at the church, this exposed alarming incidences of abuse, negligence, and coverups at the hands of Scientologist clergy members.
The Masterson trial opened the floodgates, and a documentary series hosted by Leah Remini aired on A&E in 2018, further detailing some of the Scientology sexual abuse claims.
There are many examples of advocates, like Leah and Mike Rinder, who have become invaluable resources for survivors of child sexual abuse after leaving the church and speaking out against the abuse they witnessed. These revelations have only furthered our understanding of how and why clergy abuse is so prevalent.
Your Fight Is Our Fight
Crime Victims Bill of Rights in Michigan
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
- Protection from the accused
- You have a right to a timely disposition and respect for your dignity and privacy throughout the process
- Notification of court proceedings
- You have the right to attend a trial and any other court proceedings that your accused abuser also has the right to attend
- You have the right to speak with the prosecution
- Make a statement to the court at sentencing
- You have the right to restitution
The rights you are granted by the Crime Victim’s Bill of Rights cover the most basic rights, whether you experience petty theft or sexual abuse. The broad nature of the bill means many rights that should be granted to sexual abuse survivors are lacking. However, additional legislation gives those critical rights.
Your Rights as a Survivor
The basics of the Michigan legislation for crime victims provide inadequate protection for survivors of sexual assault. Many of your rights while pursuing a Scientology sexual abuse claim in Michigan are related to your access to information and resources regarding your case.
These rights are outlined in three primary documents, including the Michigan Crime Victims’ Bill of Rights discussed above, 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
- They must provide information notifying you that you are entitled to a sexual assault examination evidence kit without expense to you
- They must inform you that you may receive the examination and evidence collection without releasing it to the police
- You have the right to refuse to cooperate with an investigation
- Notice of your right to request a protection order
Your 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 based upon your request.
The survivor’s rights include that you 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
You have the right to receive a sexual assault medical forensic evaluation and to choose whether the healthcare provider can release the evidence for testing. The Sexual Assault Victims’ Access to Justice Act ensures you have access to information about your kit and the case. This information includes:
- The date your healthcare center submitted the 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 with You
Pursuing legal action against the person who abused you is a choice you must make for yourself. However, if you ever ask yourself, ‘What are my rights?’ know that, at White Law PLLC, we will help you understand what they are and work beside you to determine the legal path forward.
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 is no stranger to taking on organizations that ignore, allow, or protect sexual abusers in their clergy. 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.
If Scientology has housed, facilitated, or protected your abuser, breaking the silence is a very important step in your pursuit of legal justice, so call us today.
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