Key point 10-05. A church may be liable on the basis of negligent selection for a worker's molestation of an adult if the church was negligent in the selection of the worker. Negligence means a failure to exercise reasonable care, and so negligent selection refers to a failure to exercise reasonable care in the selection of the worker. Liability based on negligent selection may be imposed upon a church for the acts of employees and volunteers.
In recent years, several churches have been sued as a result of sexual contact by clergy with adults. Most of these cases have involved sexual contact with church employees or with counselees. Nearly all of the cases have involved sexual contact between male clergy and adult female employees or counselees. The personal liability of ministers for engaging in such acts is addressed in a previous chapter.[83] See §4-11, supra. This section will ...
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