CHILD SEXUAL ABUSE IN MINISTRY CONTEXTS
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
18 CHURCH EXECUTIVE • STOP CHILD SEXUAL ABUSE churchexecutive . com