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Pastor's Sexual Misconduct

Is the church responsible?

New York
State:

Key point 10-09.1. Some courts have found churches liable on the basis of negligent supervision for a worker's acts of child molestation on the ground that the church failed to exercise reasonable care in the supervision of the victim or of its own programs and activities.

Key point 10-02.3. Churches can be legally responsible on the basis of the respondeat superior doctrine for the actions of their employees only if those actions are committed within the course of employment and further the mission and functions of the church. Intentional and self-serving acts of church employees often will not satisfy this standard.

A New York court ruled that a pastor who engaged in sexual affairs with two adult women was not liable for his acts on the basis of breach of a fiduciary duty. Two women (the "plaintiffs") sued the pastor for breach of fiduciary duty and infliction of emotional distress, and ...

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Posted:
  • March 1, 2012

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