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Sexual Misconduct by Clergy and Church Workers - Part 1

The Arkansas Supreme Court ruled that a charity could not be liable for an employee's sexual assault because it had no knowledge of any prior misconduct.

Arkansas
State:

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.

Negligence as a Basis for Liability

* The Arkansas Supreme Court ruled that a charity could not be liable for an employee's sexual assault because it had no knowledge of any prior misconduct indicating that he posed a risk of harm to others. A nurse's aide employed by a nursing home ("John") sexually assaulted a female quadriplegic accident victim who was a patient at the facility. John's actions were observed by another employee ("Ann") who immediately informed a senior certified nurse who told her to "wait to see if it happened again." Ann was uncomfortable with this response, and reported the incident to the charge nurse. The charge nurse attempted to call ...

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Posted:
  • March 1, 2002

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