Jump directly to the content

Sexual Misconduct by Clergy and Church Workers - Part 1

A Texas court summarily dismissed a lawsuit alleging that a church was responsible on the basis of negligence and breach of a fiduciary duty for its pastor's sexual relationship with a counselee.

Key point 10-05.2. Some courts have found churches not liable on the basis of negligent selection for the sexual misconduct of a minister or other church worker involving another adult since the church exercised reasonable care in the selection of the worker.
Key point 10-10.2. Many courts have ruled that the first amendment prevents churches from being legally responsible on the basis of negligent supervision for the sexual misconduct of ministers.
Key point 10-12. Churches face a number of legal risks when they offer counseling services by ministers or laypersons. These include negligent selection, retention, or supervision of a counselor who engages in sexual misconduct or negligent counseling. A church also may be vicariously liable for a counselor's failure to report child abuse, breach of confidentiality, and breach of a fiduciary relationship.
• Key point 10-13.2. ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • July 2, 2001

Related ResourcesVisit Store

50-State Religious Freedom Laws Report
50-State Religious Freedom Laws Report
A review of state laws and court decisions affecting church leaders
Pastor, Church & Law, Fifth Edition
Pastor, Church & Law, Fifth Edition
Learn which local, state, and federal laws apply to religious organizations.
Managing the Legal Risks of Lay Counseling
Managing the Legal Risks of Lay Counseling
Develop specific policies and procedures that protect your church, lay caregivers, and those who receive care.
Sex Offenders in the Church
Sex Offenders in the Church
Legal and safety concerns to address when dealing with a sex offender.