Wisconsin Statutes
Wis. Stat. § 895.442 (2026)
Sexual exploitation by a member of the clergy; action for
✓ current as of July 2026
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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(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)(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(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.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2007–2023 · leading case: John Doe 1 v. Archdiocese of Milwaukee, 2007 WI 95 (Wis. 2007).
John Doe 1 v. Archdiocese of Milwaukee, 2007 WI 95 (Wis. 2007). “06 refers to "[i]ncest with a child"; Wis. Stat.”
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40 (Wis. 2023). “71 , which has since been renumbered to Wis. Stat. § 895.442 . 18 No. 2021AP1054 statutory provisions dealing with the same subject matter should be interpreted 'in a manner that harmonizes them in order to give each full force and effect.”
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2022 WI App 46 (Wis. Ct. App. 2022). “§ 895.442. Sec. 893.587. Section 895.442 creates a cause of action for damages for injury caused by sexual contact by a member of the clergy, against both the clergy member and the religious organization that employs the clergy member.”
Wis. Stat. § 895.442(2)(a): 1 case
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40 (Wis. 2023). “71 , which has since been renumbered to Wis. Stat. § 895.442 . 18 No. 2021AP1054 statutory provisions dealing with the same subject matter should be interpreted 'in a manner that harmonizes them in order to give each full force and effect.”
Wis. Stat. § 895.442(2)(b): 1 case
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2023 WI 40 (Wis. 2023). “71 , which has since been renumbered to Wis. Stat. § 895.442 . 18 No. 2021AP1054 statutory provisions dealing with the same subject matter should be interpreted 'in a manner that harmonizes them in order to give each full force and effect.”
Wis. Stat. § 895.442(4): 1 case
Femala Fleming v. Amateur Athletic Union of the United States, Inc., 2022 WI App 46 (Wis. Ct. App. 2022). “§ 895.442. Sec. 893.587. Section 895.442 creates a cause of action for damages for injury caused by sexual contact by a member of the clergy, against both the clergy member and the religious organization that employs the clergy member.”
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