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For child perpetrators, the consequences should always include notifying the parents. Nussbaum said other provisions may include expulsion from an event, restriction of youth ministry activity, completion of some sort of chore, or constant parental supervision in order to be active in the program. If rape were involved, Nussbaum says, the reaction would have to be expulsion and reporting to law enforcement.

Hammar said the most dangerous areas for sexual misconduct are where older youth are given full supervision of younger children, such as in vacation Bible school or nurseries. Hammar says this practice is very common in churches, but he estimates that only one in 500 churches require any kind of reference or screening.

"The churches' liability will be based on negligence or carelessness in selection of that worker," Hammar says. "My response is to require references from youth pastors, public school teachers, scout leaders, or coaches. You need to get approval from adults with firsthand experience of this kid to say he or she is suitable to work in a supervisory capacity with minors."

For prevention of sexual misconduct in youth ministry events like overnight trips, Hammar suggests contacting other youth-oriented organizations, like schools and scouting groups, to see how they manage such risks. "In a case of negligence, one thing a court will look at is the community standard of care," Hammar says. "How that is established is by looking at other local organizations. To contact them to see what their guidelines are goes far in proving the church exhibited reasonable care."

Hammar says he is currently writing an article arguing for churches to rethink the concept of lock-ins. He says that it is nearly impossible to exercise sufficient supervision in that environment.

Adequate supervision is also important when kids could be roaming church premises when they shouldn't be—like during worship services. Cobble suggests having someone function as a grounds monitor to walk the building during events and services to make sure that doors are locked and no one is off alone.

But even with these preventions, Hammar warns, the risk of youth-peer misconduct cannot be eliminated. "It can still happen no matter what we do," he says.

While churches have to show that they were vigilant in prevention, liability falls mostly on how churches react after allegations have been made. This is why, as Nussbaum says, clear disciplinary plans are so important.

"If Johnny gropes Susie, that ought not give rise to a liability suit," he says, "But if it happens twice, or the church knew of a previous incident, there would be real concerns there. Where a church has theoretical exposure is if they knew that a child was a problem and failed in supervision."

Todd Hertz is online associate editor for Christianity Today.

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August (Web-only) 2003, Vol. 47