by Richard R. Hammar, J.D., LL.M., CPA

Theories of Liability

§ 4.11.01
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.

Ministers, and their employing church, are exposed to civil liability in such cases on several grounds, including the following. These grounds are addressed more fully in chapter 10 of this text.

1. MALPRACTICE

Some courts have found clergy liable on the basis of malpractice for sexual misconduct with an adult or minor. These cases are addressed in section 4-05 of this chapter.

2. FIDUCIARY DUTY

A few courts have concluded that clergy, in some situations, owe a "fiduciary duty" toward members of their congregation, and that they can be liable for breaching ...

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