Sexual Misconduct and Church Liability

Key point 4-11.1. Clergy who engage in sexual contact with an adult or minor are subject to civil liability on the basis of several legal theories. They also are subject to criminal liability.

Key point 4-11.2. Clergy who are sued for sexual misconduct may be able to assert one or more defenses.

The Iowa Supreme Court affirmed the criminal conviction and prison sentence of a pastor who engaged in sexual relations with four emotionally vulnerable women in his congregation. A pastor was employed by a church from 2003 to 2010. Church members testified that his sermons were "amazing," "great," and "dynamic." He was a "very talented speaker." "He definitely could preach the word of God."

The pastor initiated sexual relationships with four women in his congregation.

Victim #1 The pastor began making unsolicited calls to Victim #1 on her cellphone. At the time, she was undergoing fertility treatments ...