A number of clergy have been sued for engaging in sexual relations with adult counselees or minors. To illustrate, many cases have involved sexual relations between male clergy and female counselees. The woman later sues the minister for intentional infliction of emotional distress, battery, and malpractice, among other theories of liability. Suing clergy for sexual misconduct presents certain problems for adult victims.
First, clergy often will assert the "consent" defense—meaning that the "victim" consented to the relationship and accordingly should not be permitted to sue. Victims will allege that a minister's unique position of authority and respect overcame their free will and made their conduct non-consensual.
Second, any theory of liability based on intentional behavior by a minister is potentially excluded from coverage under the church's general liability insurance policy. ...
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