SEXUAL ABUSE
CHILD SEXUAL ABUSE IN
MINISTRY CONTEXTS
Reporting abuse —
the Church’s
blind spot
By Gregory Love & Kimberlee Norris
When in doubt, REPORT.
If every allegation of child sexual abuse was simply
reported by church leaders to appropriate authorities, the
resulting positive impact would be immeasurable.
Survivors of abuse would feel validated — by itself a significant
positive outcome — pathways to healing would open, future victims
would be spared, and abusers revealed. Criminal behavior would be
investigated and prosecuted, and elements of real accountability put in
place. When ministry leaders simply report suspicions and allegations
of sexual abuse, the Church is perceived as a sanctuary where God’s
love and justice are demonstrated.
Why is reporting such a stumbling block for the Church? Why is it
so difficult?
Answer: ministry leaders must gain understanding and take action.
Ministry leaders MUST:
• Understand mandatory reporting legislation
• Understand the limitations of ‘clergy privilege’
• Understand how child sexual abuse manifests in ministry environments
• Have the courage to take action in deeply difficult circumstances
UNDERSTANDING THE LAW
Every state has reporting requirements mandating reports of abuse
and neglect of vulnerable populations, specifically children and
minors. In addition, as of Feb. 14, 2018, federal legislation makes every
adult involved in youth sports a mandated reporter of sexual abuse,
regardless of state law requirements (Visit https://ministrysafe.com/
church-executive to learn more). These state and federal laws create
reporting requirements related to a variety of risks, including physical
abuse, sexual abuse, emotional abuse, neglect and maltreatment,
and relate to specific groups of people (children, special needs and
vulnerable adults). This article, though hardly comprehensive, will
focus on reporting requirements related to child sexual abuse.
For additional information related to state reporting requirements,
clergy privilege and addressing allegations from the past, visit https://
ministrysafe.com/church-executive.
Changes in the law – trends
Reporting laws are changing. It’s critical for ministry leaders
to understand evolving state law and regularly refresh their
understanding of current reporting requirements.
Some common legislative trends:
Every adult is a mandatory reporter
In many states, every adult is a mandated reporter of child abuse or
neglect. In others, individuals required to report are listed by categories
of profession or licensure (i.e., medical professionals, counselors,
school personnel). The legislative trend is a removal of lists in favor
of requiring all adults to report. In coming years, it is likely that
every state legislature will adopt the requirement that every adult is a
mandatory reporter.
Clergy are mandated reporters
In state legislation listing mandatory reporters by profession,
the trend is to add clergy to that list. Occasionally, a state law listing
clergy as mandatory reporters is qualified by removing the reporting
requirement related to ‘suspicions gained through protected
communication.' This exclusion is known as clergy privilege.
Clergy privilege — limitations
In the past decade, clergy of all denominations have been deeply
criticized for failure to report child sexual abuse. One of the most
common reasons given by clergy for failing to report relates to clergy
privilege. In the United States, most jurisdictions provide that private
communications to a clergy member in his or her capacity as spiritual
adviser, not intended for further disclosure, are privileged. Some states
limit the privilege to ‘confessions’, while others apply the privilege
only if the clergy member has a duty to keep the communication
secret under the discipline or tenets of the church or denomination.
Conversely, some states apply the privilege to any confidential
24 CHURCH EXECUTIVE | MAY / JUNE 2020