When a Pastor is Accused of Sexual Misconduct
By Raul Rivera
The devastation of sexual misconduct accusations
One of the most devastating things a church can suffer is the pastor facing accusations of sexual misconduct. Whether he/she is guilty or not, the accusations alone are devastating since our DNA has been programmed with the need for undisturbed relationships based on trust; therefore, accusations such as these can disturb the most intimate and profound areas of faith. Consider the well-founded expectations congregation members have regarding their relationship with the pastor; when these expectations go unmet and the relationship is challenged, the natural human response is to pull away from the person. Congregants take great comfort in being able rely on their minister as a lighthouse that steers them in the right direction. Let me give an example. When I pastored, I counseled many men who struggled with sexual purity. Deep inside their hearts they wanted to be free. Though they struggled and struggled, they took comfort in knowing they could share their victories and failures with someone who was leading the way because he knew how to be free. I knew that a great and terrible responsibility of stewardship was upon my shoulders. In my conversations with them, their hope in the Lord was reaffirmed by someone who could lead them to freedom.
Real life example
As many of you may now know, four men are accusing Bishop Eddie Long of coercion, deception and manipulation that involved a sexual relationship with him when the men were teenagers. At the present time, the attorney representing the four men said that she is resting her case on their testimony without any hard evidence. But she does plan to subpoena all of the church's emails, text messages, financial records and travel logs. Though he adamantly denies the allegations, the damage that it will wreak on his church will be long lasting. I know that at this time while it may seem easy to pass judgment on the Bishop, our position should be to pray for the Long family and for those who are affected by this ordeal. This article was not written to take a position in favor or against the Bishop, but rather to make pastors and leaders aware of the legal ramifications of sexual exploitation and accusations, and how to establish walls of protection.
While pastors know the spiritual and emotional consequences can be devastating, very few ponder the legal ramifications. Let us look at the effects that such accusations can have on the church and the pastor's personal life.
1. Subpoenas of records: All of the pastor's and church's emails, finances and text messages will be subpoenaed and made public. This can be very embarrassing to him and his family.
2. IRS audit: It will make his church an easy target for an IRS audit. All the IRS needs to start an audit is "reasonable belief" that there could be something out of compliance, and the information made public during the court case will more than establish it.
3. Tax fraud may be revealed: If the pastor's and church's finances are a mess, he may go to prison for tax fraud even if he is acquitted on the accusations. In many cases like these, the pastor's laundry is made a public spectacle by a thirsty media which is then harvested by taxing authorities.
4. Clergy sexual abuse charges: As many as nine states have laws in their books that punish clergy for sexual contact during periods (and afterwards) in which the congregant was under his/her counseling. States such as Arkansas, Connecticut, Iowa, Minnesota, New Mexico, North Dakota, Texas, Utah, and Wisconsin have clearly passed laws that criminalize such behavior.
5. The accusers are not free of any repercussions either: The men accusing Bishop Long claim they were given cash, clothing, housing, jewelry, cars and more. Did they report it on their tax returns? If not they, too, may face an IRS audit.
6. Loss of tax-exempt status: If church funds were used to pay these men the above-mentioned gifts, then the church could lose its tax-exempt status because of serious violations of section 4958.
How easy is it to make an accusation?
Making an accusation today is very easy. In fact, too easy! Anyone can make the accusation. However, under today's media frenzy and gossip streams, the world is no longer very interested in news but rather sensationalism. Moreover, many individuals have found that it may be an easy road to a large settlement with an insurance company if the insurance company finds it cheaper to settle than to go to trial.
Policies to protect you
The reality is that no one is immune to accusations. If a church leader sets a goal to never be accused he/she is practicing the wrong faith. Even Jesus' parents were accused of sexual impropriety. God knows that accusations will always come. Our response is not to crawl into a hole and close down the vulnerability that comes from human relationships. The answer lies in living a life that is an open letter to all, while at the same time adopting policies that reduce the chances and protect you in case an accusation is made against you. Below are five simple policies that you may want to consider following as a rule of thumb.
1. Documentation: Counseling must be done with documentation. Any time you engage in any kind of pastoral counseling, you should keep records of the place, time, mood of the counselee, who was present as a witness while writing down a synopsis of the session. It is also important that you, the witness and the counselee sign off after each session.
2. Travel policy: One thing I do not recommend is traveling alone. My wife and I travel together to our conferences. Just recently, when we did two conferences in Boston, she was not able to make one. So, what was the answer? I traveled with Nathan who is one of our employees and an excellent consultant.
3. Electronic communications policy: Great care needs to be taken when using electronic communications in the church. Under the Sarbanes and Oxley Act of 2002, all forms of communication whether written or electronic can be subpoenaed and used as evidence against you. Every church must have a policy governing the use of these forms of communications.
4. Counseling must never be done alone: The accusations against Bishop Eddie Long bring to mind something about which most ministers have never given thought; someone of the same gender accusing him of sexual exploitation while under his care.
5. Background Checks: We hear it everyday when it comes to working with children. But we never hear it when it comes to an individual being on the board of directors, or other places of leadership. The vast majority of accusations made against a pastor are from another adult.
Ministry life in the 21st century
Ministry life today is filled with many challenges. Do not get discouraged. Reading the letters of Paul makes today's ministry seem like a cakewalk. He was constantly accused, threatened, imprisoned and beaten. Accusations will always come. Your peace will lie in knowing you have lived life right before God and man.
Ideas requested
if you have any ideas on what may prove to be a good policy that will protect a minister, please share them by leaving a comment. We welcome your wisdom.