Child Sexual Abuse in Churches
Sexual abuse by a priest, minister, rabbi, or other clergy member is a living nightmare for the victims. It can lead to a lifetime of problems brought on by the shame, guilt, and confusion often associated with child sexual abuse. These feelings are exacerbated when the abuser is someone a child knows and trusts. The realization that someone with whom a child feels safe is trying to hurt them can cause emotional and spiritual trauma that never goes away.
For centuries, the Church constructed a nearly impenetrable wall of silence and secrecy to conceal sex abuse from the world. But in recent years, floods of childhood sex abuse claims have broken that wall down and the world has been made to face the horrible reality of priest abuse. If you or a loved one has sustained harm at the hands of a trusted member of the church, contact our compassionate sexual abuse attorneys for guidance.
How Has Priest Sex Abuse Been Handled by the Church?
To serve as a priest or minister in the church is to be entrusted with sacred responsibilities. All clergy know this. Those who prey on children use it to their advantage. Their grooming and abuse of children is deliberate and calculated.
Catholic Church documents have revealed that the Church was aware of molestation claims against priests. Rather than remove the priest, the Church simply moved them to another parish. When new allegations of molestation occurred at that parish, the Church would simply move the priest again. If the allegations turned into claims that risked exposing evil within the Church, the Church would quietly settle the claim.
The spotlight on the Church has resulted in dioceses sharing the names of over 5,000 clergy members who it considers having been credibly accused of child sexual abuse. It is estimated that over the past several decades, the Catholic Church has spent more than $3 billion settling claims made against some of these priests.
While the media has portrayed the Catholic Church as having a near monopoly on child sexual abuse in religious institutions, sex abuse happens in other churches as well. A 2018 investigation by the Associated Press found that three insurance companies that provide liability coverage for 165,000 Protestant churches typically receive 260 claims a year involving children being sexually abused by Protestant clergy or other staff.
Sex Abuse by Church Volunteers
Priests and pastors may be under the most intense spotlight, but they are not the only predators in faith settings. Tragically, it is estimated that volunteers commit 50% of all incidents of sexual abuse at church.
Churches across the country largely depend on volunteers to keep costs down. Further, there is always a struggle to find volunteers to help with the children’s ministry. Sexual offenders often try to infiltrate churches to gain access to children, knowing they may not face a background check.
Once these volunteers get access to children, they are often not closely supervised, if they are supervised at all. They often engage in grooming behavior, establishing trust and carefully selecting their victims to prevent disclosure.
Church Liability
Churches enjoy substantial constitutional protection. State and federal governments, as well as courts, are unwilling to encroach upon those rights. Unfortunately, churches have sought to pervert their constitutional protections in an effort to shield them from liability for child sex abuse.
Some attorneys have attempted to pursue ‘vicarious liability’ claims against churches. These types of claims try to hold an employer accountable for the actions of its employees. In most states, employers can be held liable for an employee’s negligence for conduct that is committed in the scope of employment – like a delivery truck driver who gets into an accident while on the job. However, these claims rarely apply to “intentional conduct” and, even more rarely, apply to sexual assault claims. Simply put, while an employee sexually assaulting someone may occur ‘on the job’, it is not committed in furtherance of the employer’s business. As such, most courts have rejected this theory.
While it may be challenging to hold a church liable for sexual assault committed by its clergy, staff, or volunteers, the church can be liable for its own conduct. Child sex abuse in churches is something every church is aware can occur. As such, churches need to use reasonable care in:
▪ Hiring: ensuring that they do not hire or use individuals who post a threat of injury to others
▪ Supervising: ensuring that they are monitoring and controlling the actions of employees and volunteers
▪ Retaining: ensuring that unsuitable employees and volunteers are not retained
A church that fails to properly screen staff or volunteers exposes itself to liability. If a church employee or volunteer engages in sexual misconduct, the church can be liable for failing to investigate, supervise, or for retaining that individual. A church that conspires to cover up or expose known sex offenders to children could also face direct liability for its own conduct.
While most insurance companies exclude coverage for an employee’s intentional misconduct, you should not assume there is no insurance coverage at all. Some policies may provide coverage for a church’s negligence in hiring, supervising, or retaining the employee who committed the sexual assault. Coverage issues can be complex, but it is important to scrutinize policy language to determine whether the church’s negligence will be covered.
Work With Our Team for Compassionate Guidance
When you or a loved one experiences sexual assault or abuse at the hands of a church member, or any other person, you will likely have many different emotions and thoughts going through your head. While nothing can undo the harm you have gone through, our team could help you hold the responsible person liable for what they have done. Call Charles Boyk Law to speak with a trusted advocate.