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Sovereign Grace Ministries: Courts Shouldn't 'Second-Guess' Pastoral Counseling of Sex Abuse Victims

Legal observers question whether clergy-penitent privilege applies to denomination accused of covering up crimes.

In Maryland, where the lawsuit was filed and SGM was based until relocating to Kentucky last year, state law does not require the reporting of child abuse if such notification would disclose a communication protected by the clergy-penitent privilege.

However, Tchividjian said the focus of the law "is on perpetrators who may 'confess' and not victims or their family members who may disclose the abuse to their pastor."

The lawsuit, originally filed in October, seeks class-action status. The petition was amended in January, adding five plaintiffs (bringing the total to eight) and alleging that some church leaders—who are among the dozen defendants—engaged in abuse directly.

The amended lawsuit came shortly after SGM flagship Covenant Life Church of Gaithersburg, Maryland, voted to sever ties with the denomination, and SGM leader Dave Harvey stepped down from his duties.

SGM made headlines in 2011 when its president, C.J. Mahaney, took a leave of absence for a "period of examination and evaluation" of charges against him by alienated SGM pastors, including "various expressions of pride, unentreatability, deceit, sinful judgment and hypocrisy." The process proved difficult for the denomination, but six months later SGM reinstated Mahaney after vetting the charges and declaring full confidence in him.


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Comments

Displaying 1–3 of 4 comments

Brian Gallagher

January 28, 2013  7:32am

Audrey, These laws do vary from state to state. I recently published an article on my website (www.securityatchurch.com) that help pastors and church members understand how these law differ based on the state you live in. I encourage you to check it out and pass it on. Feel free to email me if you have any specific questions. Here is a link to the posts... (Child Abuse State Specific Resource Information) http://www.securityatchurch.com/2013/01/state-laws-regarding-r eporting-of-child.html (Clergy, Pastor, Priest - Penitent Privilege) http://www.securityatchurch.com/2013/01/clergy-pastor-priest-penitent-pri vilege.html

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Bethany Grover

January 26, 2013  7:35am

Actually, SGM's November public statement as it appears on the SGM Plant and Build blog archive does not include the words "untrue or" The paragraph reads: "SGM is not in a position to comment on the specific allegations at this time, but upon review it appears the complaint contains a number of misleading allegations, as well as considerable mischaracterizations of intent. Legal counsel is preparing responsive pleadings." The "untrue or" phrase comes from a similar sentence in their October 26th public statement: "Upon initial review it appears the complaint contains a number of untrue or misleading allegations, as well as considerable mischaracterizations of intent." Both of those statements were published before the lawsuit was amended.

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CALEB GALLIFANT

January 25, 2013  3:44pm

This article pulls the SGM statement well out of context. Hill's statement was directed at the legal indictment, not some smokescreen to justify a pastor saying or doing whatever he wants. It's clear that CT has an agenda in writing this article. It's equally pathetic and self-indiciting to read Boz's comments, especially since CT acknowledges that he, "does not know all the facts." Why have him speak at all then? Clearly he's not going to carry an even remotely informed response! And his comments do not relate at all to SGM's statement as he says, "Quite frankly, any time an institution—a Christian institution—responds or defends its behavior as it relates to sexual abuse allegations with quoting laws and hiding behind constitutions, it causes me concern." It causes SGM concern too! That's silly to interpret the legal response any other way! Just interview any SGM pastors and you'll find that to be the understanding.

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