Ministers who engage in sexual conduct with adult members of their congregation not only expose their churches to civil liability—they also risk criminal prosecution. In many states, clergy who exploit their positions for sexual contact with congregants may face felony charges and imprisonment.
This guide explores:
- A precedent-setting Minnesota court case
- Criminal laws in all 50 states
- Real-world examples of clergy criminal prosecution
The Overlooked Risk: Criminal Charges
While civil lawsuits get much attention, ministers may also face:
- Felony charges for sexual acts during pastoral counseling
- Sex offender registration if convicted
- Revocation of ministerial credentials by church or denomination
These consequences often arise in the context of a counseling relationship but can also occur with staff or even non-members.
Minnesota Case Study: When Counseling Becomes a Crime
Case Reference: 2012 WL 5896779 (Minn. App. 2012)
Case Overview
- A Catholic priest developed a personal relationship with a woman who initially sought him out for confession.
- Their relationship became sexual, occurring regularly over a year.
- The woman reported the misconduct to the church and later to law enforcement.
Legal Statute at Issue
Minnesota law criminalizes sexual penetration between a clergy member and a congregant if:
- The act occurred during private counseling meetings
- The meetings involved religious or spiritual guidance
- Consent is not a valid defense
Court Ruling: Establishment Clause Violation
The appeals court found the statute was constitutional on its face, but not in this application. The trial improperly:
- Relied on Roman Catholic doctrine and pastoral expectations
- Presented evidence about vows of chastity, seminary training, and church policies
- Argued guilt based on religious standards, not neutral legal ones
Outcome: Conviction reversed due to excessive government entanglement with religion.
State Laws Governing Clergy Sexual Misconduct
Twelve states explicitly criminalize sexual contact between clergy and adult counselees. These laws vary in language, but generally include clergy under definitions such as “psychotherapist,” “counselor,” or someone in a position of authority.
Example States with Clergy-Specific Criminal Statutes
Arkansas: Class C felony if a clergy member uses a position of authority to engage in sexual acts with a counselee. Consent is not a defense.
Connecticut: Sexual contact during therapy by a clergyman is criminalized under second- and fourth-degree sexual assault laws.
Delaware: Defines clergy in a position of trust. Criminal contact under guise of counseling is deemed non-consensual.
Iowa: Sexual exploitation by clergy providing mental health services is criminalized.
Minnesota: Sexual penetration or contact during private religious counseling is a third- or fourth-degree offense.
Mississippi: Sexual touching by clergy with minors under 18 in their care is a felony.
New Mexico, North Dakota, South Dakota, Texas, Utah, Wisconsin: These states have similarly specific statutes that criminalize clergy sexual misconduct when tied to counseling or positions of trust.
States with Broad Definitions of “Psychotherapist”
Some states criminalize counselor-counselee sexual conduct without explicitly naming clergy, but the definitions may apply:
- Colorado: Broadly defines “psychotherapy” and includes those offering counseling, including clergy.
- Georgia, Idaho: Similar inclusive language for professionals providing emotional or psychological services.
States Where Clergy May Not Be Included
- California narrowly defines “psychotherapist,” possibly excluding clergy.
Other Legal Considerations for Clergy Misconduct
General Sexual Assault Laws
Every state has laws criminalizing nonconsensual sexual contact. Clergy can be prosecuted under these general statutes.
Assault and Battery
Unwanted sexual contact may also constitute assault or battery.
Insurance Exclusions
Church insurance policies generally exclude intentional or criminal acts. Legal defense costs are not covered.
Sex Offender Registration and Credential Revocation
Clergy convicted of sexual misconduct may:
- Be required to register as sex offenders
- Lose ministerial credentials for violating scriptural and ethical standards
Case Summaries: Clergy Held Criminally and Civilly Liable
State v. Dutton (Minnesota, 1990)
- Minister convicted of four felonies for sexual contact with a vulnerable counselee
- Court found his actions amounted to therapeutic deception
- Victim was emotionally dependent and manipulated under the guise of counseling
State v. Woodard (North Carolina, 1991)
- Minister sentenced to two life terms for rape and sexual offenses against four women
- Letters and pornographic materials admitted as evidence
Dausch v. Ryske (Illinois, 1993)
- Court dismissed claim against minister for lack of “clergy malpractice” statute
- Shows challenges in prosecuting clergy in states without specific laws
Doe v. Hartz (Iowa, 1998)
- Priest’s sexual misconduct did not meet felony threshold under Iowa law
- No liability under Violence Against Women Act (VAWA)
J.M. v. Minnesota District Council (Minnesota, 2003)
- Pastor involved in sexual relationship during counseling
- Court allowed suit under state law but not under negligent hiring due to First Amendment concerns
Doe v. F.P. (Minnesota, 2003)
- Court ruled that romantic relationship with parishioner was not psychotherapy
- Sexual misconduct law did not apply; no civil damages awarded
State of Wisconsin v. Draughon (Wisconsin, 2005)
- Pastor convicted of felony sexual contact during counseling sessions
- Conviction reversed due to flawed jury instruction equating clergy with therapists
Clergy Sexual Harassment Liability
Title VII and Church Employees
Clergy may be liable for sexual harassment under Title VII or similar state laws, especially in:
- Denominations or churches with 15+ employees
- Cases involving quid pro quo or hostile work environments
Key Legal Points
- Consent is not a defense to harassment claims
- Voluntary sexual acts can still be “unwelcome” if job pressure is involved
Case Example
A female associate pastor in Minnesota sued her supervising pastor for repeated advances. Despite his argument of “consensual” behavior, the court ruled she could proceed with her harassment claim.
Summary: What Church Leaders Must Know
Ministers who engage in sexual conduct during counseling relationships may face:
- Felony charges in multiple states
- Civil liability for emotional and psychological harm
- Denominational discipline and loss of credentials
Churches must:
- Understand relevant state laws
- Vet pastoral candidates thoroughly
- Provide clear guidelines for counseling boundaries
- Involve legal counsel in allegations of misconduct
