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.

A Washington state court affirmed a 15-year prison sentence for a youth pastor for engaging in inappropriate sexual conduct with two female members of his youth group. The youth pastor (the “defendant”) had sexual intercourse with a member of his youth group on six occasions. He persuaded another member of the youth group to disrobe while they were communicating with a computer, web-cam, and cell phones. Both minors informed their mothers of the defendant’s conduct, and the defendant’s acts were reported to the police. The defendant was charged with first degree sexual misconduct for engaging in sexual intercourse with the one minor. He was also charged with unlawful communication with a minor for an immoral purpose and sexual exploitation for his use of a computer, web-cam, and cell phone in communicating with the other minor.

The court convicted the defendant as charged and sentenced him to an “aggravated, exceptional sentence” of 15 years in prison, concluding that “standard range sentence is too lenient under the facts and circumstances of this case,” since the defendant had used his position of trust as a pastor to sexually abuse and exploit the victims.

A state appeals court affirmed the conviction and sentence. It noted that “a trial court may impose a sentence outside the standard sentencing range if it finds that substantial and compelling reasons justify an exceptional sentence.” Such reasons existed in this case, the court concluded. State v. Ritter, 201 P.3d 1086 (Wash. App. 2009).

This Recent Development first appeared in Church Law & Tax Report, November/December 2009.