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You Be The Judge
Responding to Allegations of Sexual Misconduct Involving Minors
by Richard R. Hammar | posted 2/28/2008



You Be The Judge
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A mother informs two members of her church board that her 9-year-old son was sexually molested by a volunteer youth worker on an overnight activity at the church. The alleged molester is a respected member of the congregation, and a close personal friend of one of the board members. The board members listen politely to the mother, but later determine that the accusation is unbelievable and do not pursue if further.

First, circle the correct answer for each of the following questions.

  1. Many churches respond to allegations of child sexual abuse on church property or in the course of church activities by denying them.
    True or False

  2. Church leaders that ignore or dismiss allegations of child sexual abuse may be liable for failing to comply with their state's child abuse reporting law.
    True or False

  3. A 12-year-old girl informs her church's youth pastor that her father has been sexually molesting her. The youth pastor does nothing about this information, because the father is a leader in the church. The youth pastor faces possible civil liability for his actions.
    True or False

  4. A man goes to a pastor for counseling, and confesses that he has been sexually molesting his 14-year-old stepdaughter. The pastor is legally required in all states to report this information to the civil authorities immediately.
    True or False

  5. Persons who are not mandatory child abuse reporters are "permissive" child abuse reporters. Both kinds of reporters are legally required to report known or reasonably suspected incidents of child abuse.
    True or False

How should church board members respond when they receive allegations of sexual misconduct involving a staff member or volunteer worker? In many cases, church leaders ignore such allegations. This can have serious legal consequences for the church and its leaders.

Why do church leaders sometimes respond to an allegation of sexual abuse by ignoring it? This can happen for a number of reasons. The person making the allegation does not have a reputation for truthfulness; or the alleged perpetrator is a reputable member of the church with an impeccable reputation; or, there is no evidence to corroborate the accusation. Taking no action usually is an inappropriate response. It often will devastate the victim and the victim's family and "re-victimize" the victim. It also may expose church leaders to potential criminal liability for failing to comply with the state child abuse reporting law, and may expose leaders to civil liability for their failure to report.

A better response

As soon as information is received indicating that an incident of child abuse has occurred or may have occurred, a decision must be made immediately whether to report the information to the civil authorities. Such a decision should take into account several factors.

First, check your state law. Every state has a child abuse reporting law. Make sure you understand how your state defines reportable child abuse. Most states define child abuse to include physical and emotional as well as sexual abuse. Some states limit the definition of child abuse to abuse inflicted by a parent or caretaker.

Second, determine if the person receiving the allegation is a mandatory reporter. Mandatory reporters have a legal duty to report known or reasonably suspected incidents of child abuse. Permissive reporters do not have a legal duty to report, but are encouraged to do so. Both mandatory and permissive reporters are legally protected for making reports as long as the reports are not known to be false or done maliciously.



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