State Codes and Statutes

Statutes > Wisconsin > 895 > 895.442

895.442

895.442 Sexual exploitation by a member of the clergy; action for.

895.442(1)

(1) Definitions. In this section:

895.442(1)(a)

(a) "Member of the clergy" has the meaning given in s. 48.981 (1) (cx).

895.442(1)(b)

(b) "Religious organization" means an association, conference, congregation, convention, committee, or other entity that is organized and operated for a religious purpose and that is exempt from federal income tax under 26 USC 501 (c) (3) or (d) and any subunit of such an association, conference, congregation, convention, committee, or entity that is organized and operated for a religious purpose.

895.442(1)(c)

(c) "Sexual contact" has the meaning given in s. 940.225 (5) (b).

895.442(2)

(2) Cause of action.

895.442(2)(a)

(a) Any person who suffers an injury as a result of sexual contact with a member of the clergy that occurs while the person is under the age of 18 may bring an action against the member of the clergy for all damages caused by that sexual contact.

895.442(2)(b)

(b) Any person who may bring an action under par. (a) may bring an action against the religious organization that employed the member of the clergy for all damages caused by that sexual contact if, at the time that the sexual contact occurred, another employee of that religious organization whose duties included supervising that member of the clergy knew or should have known that the member of the clergy previously had sexual contact with a person under the age of 18 and failed to do all of the following:

895.442(2)(b)1.

1. Report that sexual contact under s. 48.981 (3).

895.442(2)(b)2.

2. Exercise ordinary care to prevent similar incidents from occurring.

895.442(2)(c)

(c) Notwithstanding ss. 801.09 (1), 801.095, 802.04 (1), and 815.05 (1g) (a), in an action brought under this section, the plaintiff may substitute his or her initials, or fictitious initials, and his or her age and county of residence for his or her name and address on the summons and complaint. The plaintiff's attorney shall supply the court the name and other necessary identifying information of the plaintiff. The court shall maintain the name and other identifying information, and supply the information to other parties to the action, in a manner that reasonably protects the information from being disclosed to the public.

895.442(2)(d)

(d) Upon motion by the plaintiff, and for good cause shown, or upon its own motion, the court may make any order that justice requires to protect any of the following:

895.442(2)(d)1.

1. A plaintiff who is using initials in an action under this section from annoyance, embarrassment, oppression, or undue burden that would arise if any information identifying the plaintiff were made public.

895.442(2)(d)2.

2. A plaintiff in an action under this section from unreasonably long, repetitive, or burdensome physical or mental examinations.

895.442(2)(d)3.

3. The confidentiality of information which under law is confidential, until the information is provided in open court in an action under this section.

895.442(3)

(3) Consent. Consent is not an issue in an action under this section.

895.442(4)

(4) Calculation of statute of limitations. An action under this section is subject to s. 893.587.

895.442(5)

(5) Silence agreements. Any contract or agreement concerning the settlement of any claim under this section that limits or eliminates the right of the injured person to disclose the sexual contact described under sub. (2) to another member of the religious organization to which the member of the clergy under sub. (2) belongs, to a therapist, as defined in s. 895.441 (1) (e), to a person listed under s. 48.981 (2) (a), or to a district attorney, is void.

895.442 - ANNOT.

History: 2003 a. 279; 2005 a. 155 s. 63; Stats. 2005 s. 895.442.