Sexual Misconduct with Congregants or Parishioners: Crafting a Model Statute

Description:

Article discussing sexual misconduct with congregants or parishioners and crafting a model statute.

Creator(s):
Creation Date: April 12, 2012
Partner(s):
UNT Libraries
Collection(s):
UNT Scholarly Works
Usage:
Total Uses: 41
Past 30 days: 5
Yesterday: 0
Creator (Author):
Toben, Bradley J. B.

Baylor University

Creator (Author):
Helge, Kris

University of North Texas; Texas Wesleyan University

Publisher Info:
Publisher Name: Birmingham City University
Place of Publication: [Birmingham, United Kingdom]
Date(s):
  • Creation: April 12, 2012
Description:

Article discussing sexual misconduct with congregants or parishioners and crafting a model statute.

Degree:
Department: Libraries
Note:

Abstract: Contemporary studies and the media focus on children as the victims of the sexual misconduct by clergy from various religions but such misconduct can be directed towards adult congregants or parishioners and frequently occurs when the relationship is one where consent might not easily be refused. Several state legislatures have attempted to craft statutes that provide civil remuneration for the victims or criminal punishments for the assailing clergy. However, the majority of these statutes have been deemed unconstitutional because they, in effect, require a court to interpret and redirect church policy. This article proposes a model statute that focuses upon the position and authority of the clergyperson and the consequent vulnerability and susceptibility of the alleged victim as the predicates for the sexual misconduct, and not on the fact that the actor is a member of the clergy, performing his or her clerical duties, or in any other manner forcing a court to interpret church policy or doctrine.

Physical Description:

28 p.

Language(s):
Subject(s):
Keyword(s): sexual misconduct | congregants | parishioners | church policies
Source: British Journal of American Legal Studies, 2012, Birmingham: Birmingham University
Partner:
UNT Libraries
Collection:
UNT Scholarly Works
Identifier:
  • ARK: ark:/67531/metadc130203
Resource Type: Article
Format: Text
Rights:
Access: Public
Citation:
Publication Title: British Journal of American Legal Studies
Volume: 1
Issue: 189
Peer Reviewed: Yes