Key point 4-11.02. Clergy who are sued for sexual misconduct may be able to assert one or more defenses.
1. CONSENT
The courts have reached different conclusions regarding the legal effect of a person's "consent" to a sexual relationship with a minister. Some courts have concluded that sexual relations between two consenting adults cannot be the basis for liability. Other courts have reached the opposite conclusion, usually on the ground that the pastor's unique authority and status precludes voluntary consent.
Already a member? Log in for full access.
This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.