Transformative justice: survivor perspectives on clergy sexual abuse litigation

Abstract

This paper examines the motivations of men and women who entered into mass tort litigation against the Catholic Church, primarily the Archdiocese of Boston, which alleged clergy sexual abuse by Roman Catholic priests. The study is based on in‐depth interviews with adult survivors of sexual abuse (perpetrated against boys and girls), and with their attorneys and other legal advocates. We explore the challenges faced by survivor‐litigants, as well as their accounts of the subjective experience and meaning of litigation. Our focus is on clarifying petitioners’ multiple objectives and illuminating some of the unanticipated ways in which participation in the case offered possibilities for positive, even transformative, outcomes. The study contributes to our understanding of the course and effects of litigation from the perspective of the litigants, and has important implications for the theoretical literature on the transformation of disputes.