Recent Developments

Issues that affect ministers and churches
Boy Scouts Had Legal Duty to Disclose Molestation
Its failure to do so could expose liability for individual acts of molestation.
Key point 10-13.1. A few courts have found churches and denominational agencies liable on the basis of a breach of a fiduciary duty for the sexual misconduct of a minister. In some cases, the church or agency is found to be vicariously liable for the minister's breach of a fiduciary duty, but in other cases, the church or agency is found to have breached a fiduciary duty that it had with the victim.

A federal district court in Idaho ruled that the Boy Scouts of America had a legal duty to disclose to the public the risk of child molestation in scouting programs, and that its failure to do so could expose it to liability for individual acts of molestation. An adult male (the "plaintiff") was a member of a church-based Boy Scouts troop when he was a minor during the years 1965 through 1971. He claimed that he was repeatedly sexually abused by his scoutmaster on various overnight trips and day trips. Only the plaintiff and scoutmaster participated on some of these trips, which typically involved fishing and searching for campsites for the troop.

Log In For Full Access

Interested in becoming a member? Learn more.

Posted: October 24, 2013
View All
from our store
Board Member Orientation

Board Member Orientation

The concise and complete guide to nonprofit board service
Mandatory Child Abuse Reporting Laws

Mandatory Child Abuse Reporting Laws

State by state laws to report child abuse.
Church Issues: Waivers and Release Forms and Church Liability

Church Issues: Waivers and Release Forms and Church Liability

What these documents do—and don't do—based on statutes and court decisions made nationwide.
Avoiding Church Lawsuits

Avoiding Church Lawsuits

Create proactive procedures to avoid common reasons why churches most often go to court.

ChurchSalary

ChurchSalary

Let ChurchSalary do the work. Get personalized compensation reports for staff and pastors.