Advice, Audit, Avoidance, Accountability, and Advocacy: Abuse-Related Attorney Services

Attorneys can provide an array of vital services that relate to preventing and responding to abuse in the ministry context. These services include advising on abuse prevention, assisting in mandatory reporting and other responses to abuse, conducting third-party investigations, and defending organizations in abuse-related lawsuits.

Abuse Prevention

It has long been said that an ounce of prevention is worth a pound of cure. Nowhere is this adage truer than with respect to preventing abuse in churches and ministries. Faith-based organizations should have clear and effective policies and procedures in place to prevent abuse and effectively respond to suspected abuse in a way that protects the vulnerable, cares for victims, and ensures justice for offenders.

Attorneys can provide invaluable guidance for ministries in how to prevent abuse in their organization. This includes preparing and auditing child protection policies, hiring and vetting processes for staff, anti-harassment policies, and crisis response plans.

Response and Reporting

All American jurisdictions have some form of mandatory reporting law that requires certain individuals to make immediate reports to law enforcement or child protective agencies when they have a reasonable suspicion that a child has been abused or neglected. Many states categorize “clergy” in a long list of professionals who are mandatory reporters, while many others deputize everyone as having reporting obligations. Abuse reporting scenarios can sometimes be complicated for ministries, especially when the people involved are urging leadership in different directions with respect to whether a report should be made to law enforcement.

Reporting to law enforcement is not the only action involved in responding to abuse. Ministries should also be prepared to take steps to protect and care for victims and their families, as well as make administrative and personnel decisions in the wake of abuse. Attorneys can advise on these steps as well.

Investigation

One capacity in which law firms often serve ministries in the context of abuse-related issues is that of conducting independent, third-party investigations of abuse and misconduct allegations. In most states, attorneys are licensed to serve as independent investigators by virtue of their law license.

A third-party investigation typically involves attorneys interviewing witnesses, reviewing documentary evidence, and preparing statements of findings. In the ministry context, matters being investigated can range from historic abuse allegations to ongoing harassment and toxic workplace concerns. Most law firms that perform investigative services operate on a standard of proof known as a “preponderance of the evidence,” which means they will conclude that a fact or allegation is substantiated if, in light of the evidence, it is more likely true than not true.

In addition to making findings of fact in an investigation, law firms may also provide recommendations to the organization based upon those findings. These recommendations might include advice on personnel decisions, how to prevent similar events from happening again, and making reports to law enforcement.

​​​​​​​Litigation

Sometimes victims of abuse hold churches and ministries responsible for the abuse they experienced at the hands of offenders who were associated with those organizations. New laws in a growing number of states are suspending or abolishing statutes of limitation for civil claims arising from sexual abuse, thus allowing plaintiffs to file lawsuits based upon events that transpired in the distant past. In some situations, ministries may be sued for the alleged actions of people of whom no living person in the organization has any memory or records.

In light of the changing legal landscape of abuse litigation, ministries are incentivized not only to prevent abuse, but to consider taking preventative steps to defend against potential lawsuits. These steps include obtaining liability insurance with coverage for abuse-related claims, determining coverage under past policies, and practicing effective record-keeping. Attorneys can advise on how to avoid litigation, how to prepare for potential litigation, as well as how to navigate litigation once it commences.

Attorneys can provide an array of vital services that relate to preventing and responding to abuse in the ministry context. These services include advising on abuse prevention, assisting in mandatory reporting and other responses to abuse, conducting third-party investigations, and defending organizations in abuse-related lawsuits.

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Featured Image by Rebecca Sidebotham.