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Clergy Sexual Ethics, Etc.

Clergy Sexual Ethics, Etc. Fall 2002 SM 06 PCM R. Bell. Priest-Penitent Privilege in SC. The Statutory Privilege. Privilege can be invoked only if clergy could establish four conditions: that the communication was confidential;

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Clergy Sexual Ethics, Etc.

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  1. Clergy Sexual Ethics, Etc. Fall 2002 SM 06 PCM R. Bell

  2. Priest-Penitent Privilege in SC

  3. The Statutory Privilege • Privilege can be invoked only if clergy could establish four conditions: • that the communication was confidential; • that it was disclosed to a regular or duly ordained minister, priest, or rabbi; • that it was entrusted to the clergyman in his (sic) professional capacity; and, • that the communication was necessary & proper to enable the clergyman to discharge his duties according to the usual course of his denomination.

  4. Child Abuse Ministerial Responsibility

  5. Know Your State Laws !! • SC law states: “All practitioners of the healing arts, resident or intern, examining, attending or treating a child under the age of eighteen, any registered nurse, visiting nurse, school teacher or social worker acting in his official capacity and any other person having reasonable cause to believe that a child under the age of eighteen has been subjected to physical abuse or neglect shall report or cause a report to be made in accordance with this act.”

  6. State Law • Penalties for failure to report child abuse: • guilty of a misdemeanor • fined up to $500 or • imprisonment up to six months • or both fine & imprisonment • Protection: “Any person who in good faith makes reports pursuant to this act, or participates in judicial proceedings resulting therefrom, shall be immune to liability both civil and criminal for such reporting.”

  7. Reporting Child Abuse • An oral report immediately to county department of welfare (CPS) or law enforcement in the county where the child resides or is found • Within three days of such oral report, an investigation by DSS or law enforcement • There is NO privileged communication between husband & wife or doctor & patient

  8. Clergy Malpractice Lawsuits • Three general categories: • sexual misconduct & abuse • breach of oral contract (counseling)* • invasion of privacy, through publication of private facts, libel, or slander • * Standard of Care issue: that counseling rendered by the church or its staff or volunteers will be within the standard of practice & level of care of secular counselors in the area. (Nally v. Grace Community Church of the Valley - John MacArthur, Jr., 1985)

  9. Clergy Sexual Ethics & Boundaries

  10. Pornography • Over 50 % of pastors admit to viewing pornography on a regular basis • Internet + solitude + growth of idols of the heart + neglect of faith life (heart not pierced by the Word of God) • “Porn-napping” of expired church domain web sites.

  11. Clergy sexual misconduct is NOT about unmet sexual needs . . . BUT is about the ABUSE of Power (an idol of the heart)

  12. Purpose of Power & Authority • “In pastoral ministry the exercise of power and authority is part and parcel of our caring and healing ministry. The two cannot be separated into clearly discrete spheres.” • Jinkins, Michael & Deborah Bradshaw Jinkins. Power & Change in Parish Ministry: Reflection on the Cure of Souls. Bethesda, MD: Alban Institute, 1991, xiii. • Power & authority are to be exercised by the pastor--and others--to enable persons to glorify God and to enjoy Him forever.

  13. Authority • Authority is granted and has boundaries usually prescribed by one’s role. • What Biblical passage comes to mind regarding “authority”? • Matt. 28:18 Jesus: “All authority . . . has been given unto me.”

  14. Control • Authority without control. • John 13:3-5 • “Jesus knew that the Father had putall things under his power, and that he had come from God and was returning to God; so he got up from the meal, took off his outer clothing, and wrapped a towel around his waist. After that, he poured water into a basin and began to wash his disciples' feet, drying them with the towel that was wrapped around him.”

  15. “Power over” to control others to preserve clergy privilege power originates in hierarchy accountable only to the hierarchy structure “Power with” to provide leadership to protect the vulnerable power originates in the community accountable to the community CPSDV, “Clergy Misconduct: Sexual Abuse in the Ministerial Relationship, 1992 Models of Ministry

  16. Not Just Consent…Meaningful Consent • Equality of resources • Lack of coercion (direct or indirect) • Lack of constraints on choice • Ability to say “no” (self confidence or maturity) • Freedom to say “no” (not punished, rejected, or shaming for saying “no”)

  17. How Powerful Are You?* *Assuming God as the Source of Power, List the Things That Give You Power

  18. Role Age Gender Sexual Orientation Race Physical Economic Intellectual Psychological Social Life Circumstances “Clergy Misconduct: Sexual Abuse in the Ministerial Relationship,” Trainer’s Manual, CPSDV, 1992. The Currency of Power

  19. Personal Power: • Instrumentation • Projection • Position • Personal Skill Corporate Power: • Reputational • Coalitional • Communicational • Structural

  20. Professional vs. Personal Relationships • Professional relationship = purpose is to meet the congregant’s/client’s need for ministerial assistance or service. • Personal relationship = purpose is to meet the personal needs of the people involved. • As mutual intimacy increases, professional effectiveness decreases. • A counseling session is emotionally intimate, but the intimacy is one-sided. If two-sided, lose professional effectiveness; recovery impossible.

  21. Sexual abuser’s traits + workaholism, stress, alcoholism, drug abuse + not meeting personal needs & lack of significant one-to-one relationships + lack of supervision, isolation, secrecy, lack of consequences, opportunity & access to vulnerable people = high risk to violate boundaries and abuse Formula for Sexual Misconduct

  22. If you believe that you are beyond being tempted to act inappropriately or to cross sexual boundaries in ministry, there is but one response . . .

  23. BULL !!!

  24. Extent of the Problem • Survey of ministers: • sexual contact with church member…….38.6% • sexual intercourse with church member ..12.7% • know of a minister who had sexual intercourse with a church member ………………….76.5% • Survey of Therapists: Sexual intercourse with a client ………………………………………. 5.5% • CPSDV, 1992, 14.

  25. The Solution? • A heart that continually is being pierced by the Word of God • Accountability

  26. Bibliographical Resources • Hahn, Celia Allison. Growing in Authority/Relinquishing Control: A New Approach to Faithful Leadership. Bethesda, MD: Alban Institute, 1994. • Jinkins, Michael & Deborah Bradshaw Jinkins. Power & Change in Parish Ministry: Reflection on the Cure of Souls. Bethesda, MD: Alban Institute, 1991. • Oswald, Roy M. Power Analysis of a Congregation. Washington, DC: Alban Institute, 1981. • Halverstadt, Hugh F. Managing Church Conflict. Louisville, KY: Westminster/John Knox Press, 1991.

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