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Sexual Misconduct by Clergy and Church Workers - Part 4

A Minnesota court ruled that it was not prevented from resolving a man's claim that his church and a denominational agency were responsible for the negligent counseling of his pastor that led to the breakdown of his marriage.

Key point 4-05. Most courts have rejected clergy malpractice as a basis for liability in all cases. A few courts have found clergy guilty of malpractice for engaging in sexual misconduct with an adult or minor, or if they engage in "non-religious" counseling.
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.
Seduction of Counselees and Church Members
Clergy Malpractice

* A Minnesota court ruled that the first amendment guaranty of religious freedom did not prevent it from resolving a man's claim that his church and a denominational ...

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Posted:
  • November 3, 2003

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