Religious Movement’s Sexual Abuse Response Under a Spotlight

Sexual abuse in religious organizations isn’t limited to one denomination. When a major case hits the news, it’s common for one denomination or church to get demonized, but the fact is that sexual abuse happens in all institutions of faith. Survivors have been increasingly more comfortable exposing what they’ve been subjected to and what churches have done to silence them.

As more and more survivors come forward, courts, legislators, and advocacy groups have all fought for greater transparency. Some religious institutions have answered the call by embracing reform and adopting new rules and protocols. Others are still resistant.

If your child has suffered trauma due to sexual abuse at the hands of a religious leader, you have options. Call Taylor & Ring today.

How internal rules can silence survivors

People often assume that churches and other religious institutions want to unearth all cases of sexual abuse and hold offenders accountable. However, the very rules that exist “to protect victims” actually protect the institution and wrongdoers. Some groups require that all claims of sexual abuse be substantiated by two witnesses. Abusers know what they are doing is wrong. They aren’t going to intentionally put themselves in a position where they have other witnesses. These approaches often stymy victims and their sexual abuse attorneys who attempt to help them seek justice.

Investigations in many religious institutions are handled by the clergy or church elders. These individuals, while potentially well-versed in the rules of the church, rarely have professional training in investigative procedures, sexual abuse, and the trauma it causes. They often cause further trauma to victims and may unintentionally protect perpetrators.

“Internal resolutions” is often another term for “sweeping the problem under the rug.” Consider how often the Catholic Church reassigned accused clergy far away from their original congregation and considered the matter addressed, even though all they did was give the clergy a whole new pool of potential victims.

Breaking through religious secrecy with the court’s help

When churches and other religious institutions do not do right by victims on their own, it is crucial that the courts and legislators step in. There are numerous court rulings that have forced Catholic dioceses and Jehovah’s Witnesses temples to turn over personnel files, hand over internal documents and incident reports, and provide disciplinary findings to the court. These court rulings have given victims a chance to break through the secrecy of what happened to them and hold negligent leaders accountable.

Courts across California and the United States have repeatedly upheld victims’ right to hold religious organizations civilly liable for harm caused by their negligent supervision and failure to report sexual abuse. A victim may have a claim if the institution knew or should have known a clergy member posed a risk to others, did not report abuse to law enforcement, allowed an abuser to remain in a position of authority, or discouraged survivors from reporting.

Churches cannot rely on religious freedom doctrines to avoid civil liability for negligence or failure to report abuse, even though limited First Amendment protections still exist. When their inaction contributes to abuse and allows perpetrators to continue targeting children, they can be held liable.

Comparing approaches across religions

Different religions have responded to abuse scandals in various ways. The Catholic Church, which has been in the media many times for its sexual abuse issues, has seen overhauls in many dioceses. Dioceses across the United States (and even the world) have implemented independent review boards, institutional policies that require prompt reporting to law enforcement, and public disclosure lists of clergy who have faced credible accusations. However, because these reforms only occur at the diocese level, reforms have been unevenly applied.

Many churches fall under the umbrella of evangelical and Protestant groups. Some evangelical churches and megachurches have implemented survivor-focused reporting hotlines that allow abuse victims to talk to trained therapists and report their experience without fear of retaliation. Others have outsourced abuse investigations to third parties, which prevents leadership from covering for known abusers. Policies that prevent one-on-one pastoral counseling, particularly for minors, have also become very popular. However, because all of these churches are different denominations and have different leadership structures, there are still many churches that do not protect victims.

Some institutions have remained steadfast in their refusal to adopt policies that protect victims. Despite advocates pushing for the removal of the two-witness rule in the Jehovah’s Witness group, leadership has refused these calls. However, efforts to protect victims continue.

What some institutions do right to support survivors

If you delve more deeply into changes made by churches across the country, you’ll see that many institutions have made real, lasting changes that protect victims and help survivors heal. Some of the changes we’ve seen include:

• Outside boards to respond to allegations: Allowing trained professionals to investigate allegations and make recommendations (rather than clergy) ensures that leaders do not give cover to abusers for the sake of saving face.
• Mandatory reporting policies: Policies that require offenses to be reported to the police immediately improve public trust and put victims first.
• Public disclosure: Institutions increasingly choose transparency once allegations are substantiated. Making this information publicly known leads to community trust and prevents repeat offenses. It also ensures that offenders don’t simply switch churches and start hunting for new victims without people knowing exactly what they are doing.
• Proactive cooperation with law enforcement: Facilities that provide necessary information, documentation, and reports to law enforcement and religious sexual abuse lawyers from the very beginning show a good faith effort to hold abusers accountable.
• Accessible treatment and support for victims: Victims are the ones who lose the most in these situations. Not churches that may lose out on tithes or see their reputation weakened. Facilities that give victims the support they need to heal show a true commitment to their members.

Seek justice with the team at Taylor & Ring

Religious sexual abuse can leave children traumatized and scarred. We’re here to help you hold offenders accountable. Call us today or send us a message online now.