Mother Jones by Sophie Hayssen
When Teresa Lancaster was a teenager in the 1970s, she was raped by a chaplain at her Catholic high school in Baltimore. But when she and another survivor, Jean Wehner, sued the chaplain and the diocese decades later, the court rejected their case, saying too much time had passed under Maryland law. Lancaster, by then in her mid-40s, enrolled in law school with one goal: to lift the statute of limitations for child sexual abuse lawsuits.
“It was crushing,” she said about losing the lawsuit. “I had to pick myself up and decide what I was going to do. I knew if I became a lawyer, people would have to listen to me, and I could gain some respect back.”
Lancaster went on to become an attorney for victims of sexual abuse, and she eventually testified in front of the Maryland state legislature in favor of statute of limitations reform. Last April, Lancaster finally saw her goal achieved when Governor Wes Moore signed the Child Victims Act into law. It was one of 26 similar laws passed in the wake of the MeToo movement and high-profile sexual assault scandals involving the Boy Scouts and USA Gymnastics.
But even in victory, Lancaster was not fully at ease. “I told everybody, this is a win,” she said. “But I was ready for them to attack back.”
Bankruptcy has long been common as a tool for corporations like Johnson & Johnson and Purdue Pharma to respond to mass lawsuits. According to Marie Reilly, a Penn State law professor and bankruptcy expert, the Archdiocese of Portland was the first diocese to use this legal maneuver back in 2004, when it declared bankruptcy amid child sexual abuse claims. Since then, Reilly said, 35 other dioceses have filed for bankruptcy, with 16 of those cases coming in the past four years.
Reilly attributes the recent acceleration in the trend to the wave of legislation like Maryland’s Child Victims Act. Thirteen of the recent bankruptcies have been concentrated in states like New York and California, which recently passed look-back windows—periods of time in which victims can bring forth child sexual abuse claims previously blocked by the statute of limitations.
There are some potential solutions to the problem. In April, Representative Deborah Ross (D-NC) introduced legislation to amend bankruptcy proceedings in cases of child sex abuse. The bill would give victims the opportunity to submit impact statements and mandate a discovery hearing where information about individual cases and institutional negligence could come to light. It would also require an independent forensic accountant to examine the bankrupt organization’s estate, along with the holdings of any third parties involved in the proceedings, to ensure victims receive a settlement commensurate with the organization’s worth.
Lancaster supports the bill, though she acknowledges that no amount of money will heal the emotional scars of abuse. Ideally, she’d like to see prosecutions of attackers and a memorial for survivors. But she knows that, at the moment, money is the most important tool survivors have at their disposal to hold the diocese to account. “That is the only thing that the church as a corporation is going to understand,” she said. “If we hit them hard enough, maybe they’ll really do something about the abuse situation.”
When I spoke to Lancaster this spring, she was simultaneously counseling her clients on how to file their claims—which often means recounting abuse in excruciating detail—while working on her own claim. It’s a frustrating, emotionally draining process. But Lancaster’s life has been a lesson in moving forward, even at high emotional cost. “It’s upsetting, but I pushed that into the back so that I can be a fighter in the front, you know?” she said.
After the Child Victims Act passed and victims were looking for representation, another lawyer cautioned Lancaster against disclosing her abuse to her clients because, as Lancaster recalled, “They can’t see a weak person standing before them to fight for them.” She disagreed.
“One of the reasons people will come and talk to me is because they know I’ve been there,” she told me. “I say, ‘I’m a survivor, and I understand.’”
Brendan Smialowski/AFP/Getty
When Teresa Lancaster was a teenager in the 1970s, she was raped by a chaplain at her Catholic high school in Baltimore. But when she and another survivor, Jean Wehner, sued the chaplain and the diocese decades later, the court rejected their case, saying too much time had passed under Maryland law. Lancaster, by then in her mid-40s, enrolled in law school with one goal: to lift the statute of limitations for child sexual abuse lawsuits.
“It was crushing,” she said about losing the lawsuit. “I had to pick myself up and decide what I was going to do. I knew if I became a lawyer, people would have to listen to me, and I could gain some respect back.”
Lancaster went on to become an attorney for victims of sexual abuse, and she eventually testified in front of the Maryland state legislature in favor of statute of limitations reform. Last April, Lancaster finally saw her goal achieved when Governor Wes Moore signed the Child Victims Act into law. It was one of 26 similar laws passed in the wake of the MeToo movement and high-profile sexual assault scandals involving the Boy Scouts and USA Gymnastics.
But even in victory, Lancaster was not fully at ease. “I told everybody, this is a win,” she said. “But I was ready for them to attack back.”
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And they did. In September, just two days before the law went into effect, the Archdiocese of Baltimore filed for chapter 11 bankruptcy—meaning all lawsuits against the Archdiocese would be paused, and any sexual abuse claims against a church would have to go through the bankruptcy court. Now, Lancaster is working hard to finish filing claims for herself and 20 clients by a court-imposed May 31 deadline, or else risk losing their one shot to find justice.
In recent years, bankruptcy has become increasingly popular among Catholic dioceses as a tool to avoid bad press and prevent future litigation. After an organization files for bankruptcy, all civil litigation against it stops. Instead, the bankruptcy court sets a deadline for victims or other creditors to submit a claim against the organization. That deadline essentially overrides any statute of limitations reform passed by the state legislature—if victims don’t meet it, they likely can’t sue in the future. Then, claims are resolved with a batch settlement—which makes bankruptcy an appealing option to dioceses, because it allows them to settle hundreds of lawsuits via a single process rather than litigating them individually. In a statement, Baltimore Archbishop William E. Lori claimed that bankruptcy would “best allow the Archdiocese both to equitably compensate victim-survivors of child sexual abuse and ensure the local Church can continue its mission and ministries.”
But victims like Lancaster are skeptical. Many survivors and advocates argue that the bankruptcy process protects churches’ interests at the expense of victims. Unlike a civil trial, bankruptcy has no discovery process that would allow further information about abusers’ crimes to come to light—which means victims may be left with lingering questions about how much their churches knew about their abuse, or whether other people were victimized. In addition, because bankruptcy sets a deadline for claims, it can force victims to come forward before they’re ready, or risk losing their pathway to justice forever. Since many victims of childhood sexual abuse often don’t disclose their abuse for decades, the public may never know the full extent of clerical abuse.
“Survivors have a right to say, ‘This happened to me,’” said Wehner, who is also a claimant in the Baltimore bankruptcy case. “Because after this is done, we don’t get to do that anymore. What this bankruptcy does is shortens our time. It puts a pressure on us.”