SEXUAL ABUSE
REGISTERED SEX OFFENDERS
Should your church accommodate known offenders ?
By Gregory Love & Kimberlee
Our church just completed an RSO Policy . Will you review it and tell us if it ’ s adequate ?
We frequently encounter this ( seemingly simple ) question in our law practice .
In reality , the issue is multi-faceted and complex , and tends to kick off a broader discussion . In the larger conversation , this ‘ simple ’ query should be preceded by a half-dozen more pertinent questions before putting RSO policies in place . This writing ' s purpose is to posit the topics a church should evaluate before offering ministry services to known offenders . We will not attempt an exhaustive analysis of the criminal justice system , the sex offender registration system , various tiers of offenders or state-by-state analysis of relevant legal issues . Instead , this article will draw upon concepts discussed in prior articles in this series ( visit churchexecutive . com /? s = stop + sexual + abuse ) in an attempt to provide ministry leaders a better understanding of the challenges inherent in the provision of ministry services to known offenders .
PRINCIPLES AND DEFINITIONS The following principles and definitions shape the larger conversation .
What is a Registered Sex Offender ? A Registered Sex Offender is an individual who has been convicted of a crime involving a sexual act ( i . e ., sexual assault , child sexual abuse , possession / distribution of child pornography ), and an element of the conviction and sentencing process requires that he or she be placed on a Sexual Offender Registry after serving a criminal sentence or when released on parole . Please note : the majority of sexual offenders will not be arrested , much less convicted of a crime that requires sex offender registration . The RSO population constitutes a very small percentage of the abuser population as a whole , as more than 90 % of abusers have never encountered the criminal justice system in any form .
A common requirement in the registration process requires the offender to disclose to church leaders his or her past criminal conviction , seeking written permission from church leaders to attend or participate in church activities .
What is a known offender ? A known offender is an individual who is known to have sexually abused one or more children . He or she might have been criminally convicted , but not required to be placed on the Registry . Or , an abuser might have been arrested , but the arrest did not result in a conviction ( i . e ., deferred adjudication , victim did not wish to testify , and so on ). In some circumstances , the abuser admits to past sexual abuse of a child , but no criminal prosecution occurred . In short , a known offender is someone who is known to have sexually abused a child in the past . In ministry contexts , RSO policies are commonly limited to RSOs — not including other known offenders . With respect to civil liability for sexual abuse risk , the standards of care and damages related to the known offender are identical to that of an RSO : a ministry knew or should have known of the risk from a particular person , and the risk unfolded , harming a child .
What is an unknown offender ? The unknown offender constitutes the largest group of abusers . Sexual offenders look like you and me , and often have no criminal record or other obvious indicators of risk . In every ministry , there are unknown offenders .
What is a sexual abuser ? Of the types of sexual abusers , the preferential offender is the primary risk to children in child-serving programs . Ministry leaders must understand the ‘ grooming process ’ of
30 CHURCH EXECUTIVE • STOP CHILD SEXUAL ABUSE churchexecutive . com