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Church and Law

Sexual sin and other immoral behavior in the church could have legal implications. Some states interpret sexual misconduct as a crime, and lawsuits are possible. This is especially true for sexual molestation of a minor.

A religious leader is considered a professional under the law and may be prosecuted if the offended person files suit against the offender.

The restoration team needs to ask these questions:

• Has there been a threat of legal intervention?
• Is the person the religious leader sinned with considering himself/herself  to be a "legal" victim?
• Has legal counsel been sought on either side?
• Can there be a reconciling agent apart from a secular court of law to avoid the public legal system?
• Who will be responsible for investigating the answers to these questions?
• If the offending leader does have to go to court, will the team stand by him--procedurally and/or financially?

Distinguishing Ecclesiastical and Civil/Criminal Proceedings

It is important to be clear about the distinction between civil or criminal matters, and ecclesiastical matters. While there may be civil or criminal implications (e.g. when a complainant files a legal suit for compensation for emotional damage, or when an allegation involves alleged abuse of minors or rape), the designated committee addresses itself only to ecclesiastical matters.

Disciplinary procedures seek to address the question of behavior unbefitting the ministries of the Church of the United Brethren in Christ for which ecclesiastical authorization is required.

Statute of Limitations

It is not unusual for an allegation to be made about misconduct which occurred five, ten, or even twenty years earlier. It has been documented that some people who have been abused block the painful memories of the abuse from their conscious awareness. Sometimes these memories of abuse come back later in life, especially in a counseling relationship.

A person may retain conscious awareness of the behavior but only later begin to grasp the magnitude and implications of what took place. In either case, an allegation may come forward that references behavior that occurred many years ago. So the question arises: should an investigation and disciplinary procedure be taken for actions which may have occurred several or many years earlier?

Most states have a statute of limitations which requires that charges for various crimes, including sexual abuse, be brought within a certain time frame. Typically, this is two or three years. However, some states, recognizing the phenomenon in which repressed memories surface many years later, have provided for the time provision in their statute of limitations to begin when the person's memory of the crime or abuse returns. This is a tricky situation.

Leaders responsible for processing the investigation or restoration need to check the laws in their state when there is a criminal situation.

Because victims of sexual abuse need to have their allegations dealt with as part of their healing, and because of the possibility that a pastor who has abused someone in the past may be abusing someone in the present, it is recommended that no statute of limitations be set in determining whether or not to respond to allegations of sexual misconduct against clergy.