Church or Clergy Child Abuse

Churches and other religious institutions are often viewed as safe places—places of worship, support, and spiritual development. Sadly, history has shown that some individuals in positions of religious authority have abused their power in the most devastating way. When a member of the clergy or other church-affiliated adult commits sexual abuse, physical abuse, or emotional abuse against a child, the trauma can last a lifetime. At The Law Offices of John Day, P.C., we help survivors of church-related abuse throughout Nashville, Davidson County, Brentwood, Murfreesboro, and Middle Tennessee pursue justice, accountability, and healing.

Abuse within religious institutions is particularly complex because it is often shrouded in silence, enabled by institutional inaction, or even covered up by leadership. Our firm provides strong, compassionate legal advocacy for victims and their families, drawing on years of experience with child abuse cases, Tennessee tort law, and the unique legal questions raised when churches are involved. If your family has been affected by abuse within a religious setting, call us at (615) 742-4880 for a confidential consultation.

Understanding the Scope of Clergy Abuse

Abuse by clergy can take many forms, including sexual abuse, physical assault, emotional manipulation, and grooming behavior. Victims are often minors—some very young—who trust their pastor, priest, youth minister, or church employee. Tragically, perpetrators often use their religious authority and the trust of the community to exploit children under the guise of mentorship or spiritual guidance.

Common settings where abuse may occur include:

• Private religious counseling sessions
• Overnight church retreats or camps
• Choir practices or youth group meetings
• Sunday school classrooms or religious instruction
• Transport to or from religious services
• One-on-one mentorship or discipleship programs

Abuse may be perpetrated by ordained clergy, lay ministers, volunteers, or other individuals with access to children. The abuse itself is only part of the harm. In many cases, churches and denominations have failed to act on reports, failed to notify law enforcement, or actively shielded abusers from accountability by transferring them to other locations.

Legal Liability of Religious Institutions

In Tennessee, both the individual perpetrator and the religious institution that allowed the abuse to occur can be held legally liable. These cases are typically brought under civil tort law, with causes of action that may include:

• Negligent supervision of clergy or volunteers
• Negligent hiring or retention of a known or suspected abuser
• Failure to report abuse as required by law
• Intentional infliction of emotional distress
• Civil conspiracy or fraudulent concealment, when a cover-up occurs

Religious institutions may be held accountable if they knew or should have known about prior misconduct or failed to implement adequate safeguards to prevent harm. A church may also be vicariously liable for the actions of clergy members acting within the scope of their employment, depending on the circumstances.

Tennessee law does not provide immunity to churches for the negligent or intentional acts of their employees. In fact, courts have routinely allowed survivors to pursue civil claims against religious entities that failed to take reasonable steps to protect children from foreseeable harm.

Mandatory Reporting of Child Abuse in Tennessee

Tennessee law imposes a mandatory duty to report known or suspected child abuse. Under Tennessee Code Annotated § 37-1-403, any person who has knowledge of—or reasonable cause to suspect—that a child is being abused must report it to law enforcement or the Department of Children’s Services. This obligation applies to clergy members as well, though T.C.A. § 24-1-206 does contain a narrow exception for clergy-penitent privilege in some confessional contexts.

Even if clergy members are not criminally liable under the reporting statutes, the church itself may face civil liability for failing to act on abuse reports, especially when abuse occurs repeatedly or over an extended period. Institutions that fail to act are often found to have created an environment where abuse could flourish.

Statute of Limitations and the Discovery Rule

Tennessee has specific laws governing the time period within which a child abuse victim must file a civil lawsuit. Under T.C.A. § 28-3-104, the standard statute of limitations for personal injury is one year from the date of injury. However, for minors, the statute is tolled until they turn eighteen, and they then have one additional year to file a claim under T.C.A. § 28-1-106.

In sexual abuse cases, however, the statute of limitations may also be extended under the discovery rule, particularly when the victim does not fully understand the harm or connection to the abuse until later in life. Tennessee courts have recognized that survivors of child sexual abuse may repress memories or delay disclosure due to shame, fear, or manipulation by the abuser.

A separate criminal statute, T.C.A. § 40-2-101, allows for the prosecution of child sexual abuse up to the victim’s 28th birthday or longer in some cases. While this statute applies to criminal charges, the timeframes often parallel civil discovery rules and may influence how courts evaluate delayed civil claims.

Because the analysis of limitations periods is highly fact-specific, we urge survivors or their families to speak with an experienced attorney as soon as they are ready. Even if many years have passed since the abuse, there may still be a viable legal claim.

Damages Recoverable in Clergy Abuse Cases

The law allows survivors of clergy abuse to recover compensation for a wide range of damages. These include:

• Pain and suffering, both past and future
• Emotional trauma, depression, PTSD, anxiety, and related disorders
• Medical expenses, including psychiatric care, therapy, or hospitalization
• Loss of enjoyment of life and diminished relationships
• Loss of earning capacity in cases of long-term trauma
• Punitive damages in cases of willful misconduct or concealment under T.C.A. § 29-39-104

If the survivor is a minor, their parents may also bring a claim for medical expenses and loss of the child’s services during the recovery period, subject to a one-year statute of limitations under T.C.A. § 28-3-104.

In many cases, churches and dioceses maintain liability insurance or self-funded settlements to compensate survivors. Our firm is experienced in navigating these insurance issues, confidentiality provisions, and structured settlement options to ensure that compensation meets the survivor’s needs.

Confidentiality and Survivor-Centered Representation

We recognize that pursuing legal action for clergy abuse is deeply personal and emotionally difficult. Survivors often fear that they will not be believed, that they will be retraumatized by the process, or that coming forward may isolate them from their community. We approach these cases with the utmost care, respect, and discretion.

Your case will remain confidential unless and until you choose otherwise. Court filings can often be made under initials or pseudonyms, and we work with the court to ensure that sensitive information is sealed when appropriate. Our attorneys and staff are trained in trauma-informed advocacy, and we work at your pace, with your voice leading the process.

Overcoming Institutional Silence

One of the most difficult challenges in church abuse cases is the culture of silence that often surrounds religious institutions. For decades, some churches have responded to abuse allegations by transferring clergy to new locations, discouraging victims from coming forward, or prioritizing institutional reputation over child safety.

The legal system offers an avenue to break that silence. Civil lawsuits not only provide compensation to survivors—they create public accountability, compel discovery of records and cover-ups, and help ensure that others are not harmed in the future.

At The Law Offices of John Day, P.C., we are committed to exposing negligence, protecting survivors, and holding institutions accountable when they have enabled abuse through inaction or concealment.

Why Choose The Law Offices of John Day, P.C.

With offices in Brentwood, Nashville, and Murfreesboro, our attorneys serve survivors and families throughout Davidson County and Middle Tennessee. We are recognized for our integrity, experience, and unflinching commitment to justice in the most serious and sensitive cases. Our legal team has successfully handled complex child injury and abuse claims, including those involving schools, daycares, foster care, and religious institutions.

We offer:

• Confidential, no-cost consultations
• Trauma-informed, survivor-centered legal counsel
• Contingency fee representation (no legal fees unless we recover compensation)
• Expert resources including psychologists, clergy abuse investigators, and financial planners
• Complete transparency and ongoing support through every step of the process

You do not have to navigate this alone. We are here to help you reclaim your power, protect others from harm, and hold those responsible accountable under the law.

Contact Us Today

If you or a loved one has been harmed by abuse in a religious setting, contact The Law Offices of John Day, P.C. at (615) 742-4880 for a private and confidential consultation. From our offices in Nashville, Brentwood, and Murfreesboro, we proudly serve clients across Middle Tennessee. Our team stands with survivors and their families—fighting for justice, safety, and healing.