PART l: PREVENTIOiI

ffi @ffi ffi%ffiMffi&L

ffiffiffiffiffiKWtu%ffi
ne of the most devastating evens that can occur in the life of a church is the sexual ahuse ofa child by someone associated with the ministry. In addition to the devastating effect that actual abuse may have on the victim, the impact on the ministry may be profound. Ifproven, such allegations
can lead not only to criminal penalties against the perpetrator but to large damage awards against the ministry. Even when a ministry is not found liable, it may suffer disgrace and a tarnished
?&isak xpir**eem{*p

testimony within the communiry.

Pastors and churches must prepare themselves to address this issue wisely. This article discusses how to approach the danger of child sexual abuse in the church.' Here are some crucial S-di"g principles: l. think spritually, 2. know the law, 3. have a plan, and 4. lnowwhere to get more help.

sort of ministry crisis or personal crisis, the greatest need is to see the circumstances the way God sees them. Our first response is often the carnal response, but that is always the wrong response. Everything that happens in this life is an oppornrnity for us to glori$z God. Our Father will never allow anlthing into the life of His child or FIis church that is not designed for our sanctification. Therefore, regardless of the size of the disaster looming before you, you can always trust the Lord, and you should always follow His principles.

L *y

vulnerable if its leaders are ignorant of keylegal issues. In the area ofallegations of child sexual abuse, every pastor must know the law in his own state conceming the reporting of suspected abuse.' -#tse*
s c*e$&S smmaxx&*fu**se?

Most laws relating to child abuse are

state laws and, therefore, vary from state to state. Regardless ofwhere your church is, however, you must keep several basic concepts in mind. First, the kind of sexual abuse at issue here involves an act committed against a minor.s This means that you need to address the issue in every ministry to

ffim*w**

news

Tiusting in God and being informed about our circurnstances are not mutually
contradictory. In the area of child sexual
abuse, a ministry can be particularly

children, from the mrsery up to the senior high teen group. Do not forget ministries that meet at times other than
regular seryice times, such as Bible clubs, youth choirs, and daily vacation Bible school.
TODAYIS CHRISTIAN PREACHER
5

FALL 2OO3

PART l:

PREVENTIOII
church to exercise due care in the selection, training, or supenision of those who work with children. Included in these is the failure of a church to respond appropriately to allegations of abuse if such failure permits continued or additional acts ofabuse. In addition to these general principles of liability, there may be statutes or regulations that apply to your church ministry,

Be aware that minors can comrnit sexual abuse against other minors if their victims are significandy younger than they are. Marly churches use teenagers to help in ministries with smaller children. You must he alert to issues involving teenage as well as adult

who deal with these issues, includirg

workers.
Second, the definition of child sexual abuse is usually broader than the commission oFa sexual act on a minor. To be safe, you should assume that

attorney. Some insurers of churches have developed policy guidelines. Consult other churches and organizations that have established policies. Christian school associations or day care providers may be fi-uitfril sources for sample policies. One excellent source of information is Christian Ministry Resources in

if

Matthews, North

particularly ifyou are

operating a day school

Carolina.'Christian

conduct or communication toward a minor is sexually oriented, it might fall within the legal definition of child sexual abuse.o You should make sure that you and other ministry leaders are informed of and understand the legal definition in your state.

Ministry Resources
produces ertensive materials in the area of the law regarding church ministry, including a video and hook set entided Redwing the
Risk of Child. Sexual

or child care center. Know the law.

8*aw* a

p{a*

Given the current

legal and social climate, it is extremely unwise

&** cfuxryfu*s
$*'H**t
a*ewse

*.iafu{*

{*r

e*{$ *$

for churches and

ministers to remain unprepared to deal with the crisis of child sexual abuse in the ministry. Every chwch should have a child sexual abuse prevention poliry. Child sexral abuse prevention policies typically include procedures for the selection, training, and supervision of staffmembers and volunteers who work with minors. The first purpose of such policies is to minimize the risk that child sexual abuse will occur in the church's ministries. The second purpose is to demonstrate that the church acted with reasonable care should an allegation of abuse arise. The ttrird purpose is to help the church maintain a good testimony in the community by avoiding such incidents. fnsurance companies increasingly are insisting that churches have and implement appropriate policies and procedures before they will insure the churches against liability arising from allegations of abuse.

Abwe in Your Cburch.

**mm*ffi** bp

This resource presents

the need and basic guidelines for adopting a child abuse prevention poliry in the church. "A prudent man foreseeth the evil, and hideth himself: but the simple pass on, and are punished" (Proverbs 22:3). This principle is nowhere more applicable than in the area of child sexrral abuse in the church. For the sake of the children, the ongoing work of the ministry, and most importandy, the glory of the Lord, this area demands

*fri*S$*y**$ *r v*$*#**rs} The short answer is "yes, under certain

circumstances." Since sexrral abuse is a crime and is obviously unrelated to any legitimate duty of the employee, the employer is not automatically held

liable for abuse committed by its employee. However, there are a variery of legal situations under which a church may be liable for abuse committed by one of its employees or volunteers. Basically, these situations involve the failure of the

our carefi-rl aftenrion.

respoTzse

' A subsequent article will address the prEer uhm someone suEem or alleges thnt

abuse bas oca,r,wed

K**w whsrw B* ge* ffier*

The

fuegp

issues involved here can be

complex. You or some otler responsible person in your church needs to keep up with developments in the law and ensure compliance with the church's policies. There are many sources of information regarding legal issues and child abuse prevention policies. Develop relationships with various professionals 6 TODAY'S CHRISTIAN PREACHER
FALL 2003

' Althougb thb ar"ticle cantains a d,isnuion of general legal principles, it is not ffiring spufu legal adaice. Tl:e law oariesfrom state to state and tbe application of that lau aaries from circumstance to circumstance. The reader should seek cwnpetmt legal counsel in bis rutn jur.isdiaion. ' This tloes not infuide liability that may arise when, for example, a pastor dbuses a counseling relationship uith an aduh counselee. n For exa.mple, expoting a child to poruograplry or engaging in certain serually eeplicit discltssioru with a child. tYou can aiut auailable reslarces on the web at uzlzu. ch urch lawto day. com.

Daaid Shumate teaches in tbe Seminary arld Scbool of Religion at Bob Jones Uniuersity. He has also been an associate
pastor

for

tbe past fiielzte years.

ESTABLISH A REPORTING PROCEDURE A reporting procedure should be set out in your childabuse prevention plan. Ifyou do not yet have a child-abuse prevention plan for your ministry, it is crucial that you develop one. An orgatizatton that can help is Christian Ministry Resources of Matthews, North Carolina.o They have a wealth of resources on this and other topics regarding the legal environment of church ministry in the United States. In addition, your insurance company (particularly if it specializes in insuring churches) may well have guidelines for such
policies. You should also consider contacting daycare centers, Christian school organizations, and other charitable orgarizations that routinely work with children. There is a great movement today to develop such policies, and there are many more information resources available now than there were a
few years ago.

can be very destructive to the people involved as well as to the ministry and may open the church to charges of defamation.

One person (often the pastor) should be desigrated as the

public liaison. You should instruct and remind everyone else in the organi zalon to refer all questions to the liaison. This person should be wise and thoughtful in answering questions. It is important to convey that the church is responding reasonably and expeditiously to deal with the problem. It is not wise, howeve! to report unnecessary details to the public. When someone requests information from you about the matter, before saying anything it would be wise to ask yourself the following questions: (1) A- I filled with the Spirit so
that I can respond wisely? (2) Does the person asking the question (or the public in general if the inquirer is from the media) have a legitimate right to know this information? (3) Am I the appropriate person to give this information? (4) Is this the proper time and forum to make the disclosure? (5) Am I confident that I can give an answer at this time that is both accurate and appropriate? Be aware also that law enforcement personlel or your attorneys may advise against your making public statements at various poine in the process.

TAKE ALLEGATIONS SERIOUSLY Never dismiss a claim out of hand. Listen to all the information carefirlly. This approach does not mean that you are "taking sides" or have passed judgment upon the accused. Rather, you should communicate to the person making or reporting the allegation that you are thankful that he came to you and that you intend to pursue the matter
immediately and thoroughly. If the allegation on is face suggesm the possibility that abuse occurred, then you should do several things: 1. Make a preliminary investigation. After talking with the person who reported the incident, talk with the accused. Indicate that you have not passed judgment but are simply trying to ascertain the facts. Remembera question pricks the conscience, but an accusation hardens the will. Thlkwith anyone who may have been a witness. As a precaution, it would be wise to have the accused take a break from worhng with minors in the ministry until the situation is cleared up. 2. Ifyou have any doubt about what to do at dris point, seek competent legal help. You should have an attomey in mind before any allegation is made.s In particulaE you need to know what the reporting requiremen6 are in your state. 3. If after a preliminary review you have reason to believe that abuse may have occurred, then you should bring it to the attention of the proper authorities. In most cases, this would include not only the parents or guardians of the child but also one or more goveffImental agencies charged with the protection of minors. Some states have mandatory reporting laws for allegations ofchild abuse. You should give your firll cooperation to the authorities. Sometimes believers are afraid of overly intr-usive goveffrment. Government, however, exists for the suppression of evil (Romans 13:3, 4), and it clearly has a legitimate duty to investigate and prosecute incidents of child
sexual abuse.

COMMIT THE MATTER TO THE LORD

Fourth, you must remember that "the horse is prepared against the day ofbatde, but safety is of the Lord." There is no guarantee that even ifyou take all reasonable precautions, you will avoid serious trials in a situation like this. It is possible that individuals in the goverrnent or the news media may imply that the ministry bears some blame for the problem. Church members may respond in a carnal and destructive manner. Your responsibility is not to bring about a particular outcome-it is to honor Christ by a wise, godly response, and leave the results to Him.

CONTINUE THE MINISTRY

Finally, you as the pastor must remember to continue to
shepherd the flock. Events of this sort can be devastating to a congregation. You must be walking in the Spirit yourself, and you must demonstrate through your ministry and teaching that God will give the grace necessary for your people to have a right response to the crisis and to glorifi, the Lord. X Daoid Shurnate teaches in tbe Seminary and School of Religion at Bob Jones (Jniaersiry. He has also been an axociate pastor for the

pan thh'teen years.

' See Today's Christian Prercber,Yoltme
1

1, Number 2.

' The discussion of general principles in

a forum such as this camot substiflite for actual legal advice rende..d by .o-p.t"rt attomey who has heard a cmplete presentation of "ose and who is familiar with the laws of you partimlar state. thi facs of the particular

' Ifyou do not already have it, you should get a copy ofJim Berg! book Whm lltuble Cozes (BJU Press, 2002). It gives crucial principles for dealing with criss in ou lives.
You cm find out more about this organization at their website, w.churchlawtoday.com.
o

CONTROL THE FLOW OF INFORMATION Be open and straightforward with those people who have a right or need to know, but on all accounts avoid gossip. The
unauthorized disclosure of information, coniecture, or opinions
14 TODAY,S CHRISTIAN PREACHER SPRING 2OO5

t Seeking legal advice is not a matter of trying to cover up the problem or of seeking to protect youiself at the expense of truth. There is m important balance in this situation between treating all allegatiom seriously on the one hmd md avoiding the mnecessary and mjust desnlction of a person's good name on the other hand. It is importmt that you know what your legal responsibilities are under the circumstmces.