Clergy Misconduct and No laws against it - HELP!
It's amazing that clergy abuse/misconduct is not a crime in most states. How can this be? It's truly one of the greatest travesties in our country that predator clergy can hide out in our churches and our states have no laws to prosecute them for the disgusting crime that they commit. If anyone knows what it takes to make legislative changes to make clergy abuse/misconduct a prosecutable crime, please let me know. My list of people who want to help to make this happen is growing!
Read this family's story http://www.nashvillescene.com/2008-04-24/news/the-bad-shepherd/ about what happened to them after their trusted pastor, Rev. Jeremy Benack, "allegedly" groomed their daughter starting at the age of 14 in the Southern Baptist Church in Lansford, Pennsylvania. And then read what I feel is the absolute arrogance of the church's attorney:
“'It is most likely that the plaintiff will voluntarily dismiss her law suit [sic] as to the SBC...,' Guenther writes. 'That is what routinely occurs when the SBC is sued in these kinds of cases. If she does not dismiss her suit, I expect the judge will dismiss the SBC on its motion for summary judgment because the SBC was not involved in this matter in any way.'
"Guenther has every reason to be confident. The SBC has never lost a lawsuit of any kind. In the nearly 50 years he’s represented the denomination, Guenther says the SBC has only been sued in sexual abuse cases five times and settled only one of those—not through an admission of guilt, he adds, but because the denomination’s insurance company chose to pay the plaintiff a 'small nuisance value' rather than the attorney fees to try the case.
"Many SBC higher-ups boast about this record with a sense of bravado. Take this comment from Augie Boto, legal counsel for the SBC executive committee, in an interview with Baptist website SBCOutpost: “Though the SBC is named as a party in legal proceedings about twice per year on average...it has not ever had a judgment rendered against it throughout its entire existence (i.e. since 1845). SBC polity is the major reason for its frequent dismissal out of lawsuits on motions for summary judgment.”
Hi, I am not sure about the laws in PA.
However, anyone can SUE. There have
been some successful lawsuits. Here
are some websites on the subject for
further support.
http://stopbaptistpredators.org/index.htm
The one above, Stop Baptist Predators
is the most pertinent. It deals specifically with sexual abuse by
Baptist leaders. It contains many
true stories.
http://www.darkness2light.org/news/archives/news_06_08_07.asp
http://www.adherents.com/largecom/baptist_SBC_abuse.html
http://www.advocate.com/news_detail_ektid42228.asp
http://www.advocateweb.org/HOPE/millerletter.asp
Note the above site, Advocate Web is
a good resource also and deals with
professional sexual abuse in general
including clergy
Sexual abuse, and all kinds of abuse,
are a CRIME. This is a civil/criminal
crime in all states. I would suggest
contacting the people in the Stop
Baptist Predators website as they
have lots of experience in this area,
and also you can contact some of the
other groups such as Advocate.
A good lawyer who is familiar with
this area of law would be helpful.
You might be able to find someone who
would donate their work pro bono.
There are lots of other resources online; google the subject.
Any kind of abuse is a crime, period.
There are laws in every state about
it.
Ministers and churches are NOT
exempt from these laws.
God bless you.
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Curt and I want to thank you, Oceanwaves, for responding with some great information and links. It sounds like you have some experience in helping others through the trauma of clergy abuse. Thanks for stopping by and posting!
Helen
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Hi, something else...I think
the victims and others might do better
to approach other avenues than the
Southern Baptist leadership, who
apprarantly have a history of denial
up to this point. I would
use some other resources first.
What to Do?
"Our lives begin to end the day we become silent about things that matter."
Martin Luther King, Jr.
Many clergy abuse victims ask me what they should do. The answer is “I don’t know.” You have to decide for yourself what to do. So these are just my opinions. (See the Disclaimers.) Some of them I feel strongly about, but they’re still just my opinions.
1. Take care of yourself. Get counseling. Work on healing. It’s a life-long journey - keep on keepin’ on. Can’t afford counseling? Phone your local rape crisis center or county mental health center. Ask for a referral to a fee-reduced counselor. Ask for someone with experience in "trauma counseling." Find a counselor you’re comfortable with. Keep trying. I do NOT suggest that you go to a pastoral counselor. There may be some good ones, but I’ve heard way too many bad reports about pastoral counselors who show more concern about protecting the church from scandal than about helping the victim heal. Find a professional counselor who works independently of any church or denominational group.
2. Talk to a lawyer. Talk to several lawyers. Talk to them BEFORE you talk to church or denominational leaders. Most lawyers will provide an initial consultation at no charge. Get some professional legal advice. Talking to a lawyer doesn’t mean you have to file a lawsuit.
Know this: Denominational leaders have lawyers standing by and at the ready. Their lawyers have dealt with countless abuse reports before yours and they already have strategies in mind. And if you talk to church leaders, they will likely pick up the phone first thing and get a referral to one of those experienced denominational lawyers.
In published brochures, the Southern Baptist Convention gives churches 4 recommendations for addressing clergy sex abuse, and one of those is this: "Always Consult an Attorney When a Complaint Is Made." So, since Baptist churches are specifically instructed to "always" consult an attorney, and since the denomination has lawyers at the ready, why shouldn’t you get just a little bit of legal advice of your own?
3. Consider using the legal system, if it’s possible. I know you probably don’t want a lawsuit. Most people don’t. But until Southern Baptists start keeping nationwide records of clergy abuse reports, and warning other congregations, a public document on-file at a courthouse may be the best way, and perhaps the only way, for trying to make a record that might prevent the man from doing to someone else what he did to you. Too many Southern Baptist clergy abusers have been recycled from church to church and state to state. A lawsuit may be the best possibility for trying to protect others.
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I really like the Martin Luther King quote. Thanks for speaking out! You offer some wonderful advice (opinions) in this post.
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Continuation of SNAP article:
A lawsuit may be the best possibility for trying to protect others.
But if a lawsuit really gets into gear, there is no amount of money that you could ever recover that would make it worth the additional pain that you may have to go through in the process of pursuing the lawsuit. It will be a sacrifice for you. (And while you’re going through that sacrifice, you’ll have to listen to ignorant others who will accuse you of being in it for the money. They haven’t a clue. So why should you care what they may think?) You will have the knowledge in your heart that you did all you could to try to protect others. That’s the best reason for filing a lawsuit. At this point, without any denominational procedure for accountability, a lawsuit may be the best possible way of trying to make some small bit of good come from the horror of what you lived through.
Most reporters will not be able to write about your story unless there’s a lawsuit or some type of public documentation. So again, if you want to make known what your perpetrator did, and if you want to warn others, a lawsuit may be what’s needed. (Perhaps you’re thinking now that you can’t ever imagine wanting to talk about this with anyone, much less a reporter. But it may be possible that you could file a lawsuit as a “Jane Doe,” which might still afford the possibility of exposing your perpetrator.)
If enough clergy abuse victims file lawsuits, perhaps insurance companies will begin to put pressure on church and denominational leaders to put in place effective accountability procedures for getting rid of clergy predators and for reducing the number of claims about clergy sex abuse. So filing a lawsuit could work for good in that way as well. Sadly, I no longer believe that helping victims or protecting others will ever be enough motivation for church and denominational leaders to do the right thing on dealing with clergy sex abuse. I’m an almost relentless optimist by nature, but when it comes to Southern Baptists and sex abuse, I’ve seen and heard too much. What I now believe is that Southern Baptist leaders will take action only when they are pressured into it by outside forces – by their own insurance companies, by too many lawsuits, or by the negative media exposure that lawsuits generate.
If you file a lawsuit, make sure you have support systems in place. Get counseling. Stay in counseling during the legal process. See Number 1 above. It’s Number 1 because it’s most important. Take care of yourself.
4. Don’t go talk to church or denominational leaders alone! If you want to go talk to church or denominational leaders, at least take a trusted friend or relative with you. Take the most strong-willed, assertive friend you’ve got. Too many times, victims have met with church or denominational leaders, only to come away feeling even more shamed and a whole lot worse. It’s a strategy: If they can make you feel even worse, then
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I found this posting very insightful. We found that the lawsuit that Curt filed on behalf of his youngest daughter is what opened up his story to the press for the first time. It seems to be the only way to legitimatize a claim against a predator.
We agree with you about clergy abuse victims filing lawsuits and winning them should begin to put pressure on the insurance companies who insure the churches. It seems like it's all about money with the churches--and if they have to part with more of it, maybe they'll finally do something besides hiding and supporting the predators.
Very important what you said about taking a trusted friend or relative who is very strong-willed and assertive. The church administrators can be so brutal--it still amazes me that these people are supposed to be God's representatives!
Again, thanks for your help, Oceanwaves, in sharing information that I have a feeling that you had to learn the hard way!
Helen
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Continuation of SNAP article What to do
. It’s a strategy: If they can make you feel even worse, then maybe you’ll go away and stop talking about this and won’t continue to pursue it. Don’t give them the possibility of doing that to you. Have someone you trust there with you. Another thing we’ve seen is for church and denominational leaders to appease people by saying they’re going to do something. Down the road, if they don’t follow through, you may wish that you had someone else who heard them say it.
For survivors in Texas, please don't be fooled by what you may read in the BGCT's booklet "Broken Trust." It's just words on paper. I've talked to way too many survivors who recount very negative experiences with the BGCT, and I've talked with no one for whom the BGCT provided any assistance in locating the perpetrator or in warning people in the pews. No one.
I know this kind of thinking runs contrary to instinct for most of you. If you were raised in a church, your every instinct is to want to trust religious leaders. This is one of the rare times when I would say that there’s a high probability it will be a mistake if you rely on your instincts. Don’t go alone!
5. Do not sell your voice! One of the most common tactics of many church and denominational leaders is to get the victim to sign a confidentiality agreement in exchange for a few thousand dollars for counseling. It’s hush money. You're being bought. It’s how they keep clergy sex abuse victims quiet and avoid scandal. They aren’t trying to help you; they’re trying to help themselves. If they really cared about helping victims, they would automatically extend counseling costs in an effort to minister to victims and help them heal. Instead, what we often see is that they shove a contract under the victim’s nose and she winds up signing that she will never again speak of it with anyone but her counselor.
Don’t get me wrong. I don’t blame the victims who sign such contracts. They are wounded people who are in desperate need of counseling. For church and denominational leaders to use that vulnerability to extract a contract for secrecy is to exploit the victim all over again. It’s unconscionable. It contractualizes the victim's shamed silence before she can even get enough counseling to fully understand that the shame isn't hers. And worst of all, it does nothing to assure that the perpetrator can't hurt someone else, and it doesn't require any accountability for other church leaders who may have turned a blind eye. In effect, it's still more of a cover-up.
In 2002, the Na Conference of Bishops put into effect a policy that Catholic churches and
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Again, some great words are posted here. You're right about the churches written words that mean nothing. The Methodist Church has their "Book of Discipline" or whatever they're calling it now. The best and most thorough rules probably for any church. Yet, do they follow their own rules? Not in Curt's case. The first bishop he talked with said it was "consensual." Their book says that there's no such thing as "consensual" between a pastor and congregant.
In my opinion, these church leaders are just a bunch of bullies who have way too much power and money that they've let it go to their heads. They've forgotten what the church should be about. It should protect the innocent--not attack them and work at destroying them!
Oceanwaves, your last sentence got cut off, so I hope you write again and finish that thought. Thanks for posting!
Helen
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To all:
I had a very recent experience with a UCC minister; my "trusted" minister of seven years.
Both of us newly divorced, he started to "groom" me by offering to be my mentor as I was considering ministry as a second career.
He invited me out to dinner as a way to prepare for my assisting him with the upcoming confirmation class.
We spoke of our personal lives; I trusted him.
First red flag: he suggested that I "date around".
Second red flag: he offered to watch movies with me at his home.
Third red flag: He told me to be open to a love that I was "so deserving of..."
It went on from there.
He encouraged me to get more involved with our church yet asking me all the while to keep out relationship a secret.
Another red flag: found out a month after our romance was consummated that he was still involved with his previous girl friend. He stated, "I brought her to God. I need to let her down slowly."
What I found out, many months later, was that he spent a few days in North Conway with her to celebrate his birthday!!
He let other things slip. For example, I was NOT his first parishioner "affair".
He would tell me how women would have "crushes" on him and he had "to be careful".
Ugh!
What I did not know is that for every red flag - and there were many - I dismissed because of his vocation.
Fast forward eleven months, I had consulted with a UCC minister 45 minutes north of us to ask about a ministers code of ethics. My minister was talking marriage with me but my fear was that he was using me. I needed to know if we were truly in a healthy and moral relationship. He would tell me we were but then also ask to keep out relationship discrete and "private."
Could I marry a man that I mistrusted or who could violate his vocational ethical code of conduct - assuming one existed? The answer would be "no".
My inquiry led to an investigation.
The UCC choose to follow-up with an "investigation."
In hindsight, I should of had a lawyer with me at all times.
It was exhausting - hours of questions and many meetings with the states' UCC.
What I discovered was that my "trusted" minister was a habitual liar.
He twisted the facts. The church spun the truth to the public. I was harassed with anonymous letters from my church.
It took a toll on me; but, I AM STILL STANDING! I have the truth on my side. I have God on my side.
My former minister is back at the pulpit: single and I am sure still prowling for the next naive woman to brain-wash and conquer.
But, he has built his "castle" on sand.
His former wife states his church is a "stack of cards" ready to blow over.
His addictions and his lies will catch up to him.
But, in the meantime, know that the UCC government is similar to the SBC.
Parishioners are not safe.
"Caveat Emptor!" I was told by one of the UCC investigators,who was a retired minister.
Exactly, good Reverend, tell the public, "Buyer beware!"
Suzanne
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Suzanne,
We want to thank you so much for coming forward with your story to help others. Yes the signs were there, but who would've thought that your pastor was a predator? We're all becoming more wiser and knowledgeable on the subject as the victims' stories emerge. That your predator is back on the pulpit is a disgrace. The church is playing with fire. Who will be his next victim? We all know it's going to happen. And the church is secure in their decision? Pure arrogance! How can the administrators sleep at night? Is it really about money?
Thanks for this informative post, Suzanne. Our thoughts and prayers are with you for healing and with the church for waking up and protecting their parishioners from this heinous crime they allow this man to commit again and again.
Peace and blessings,
Helen
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