Protect Your Church From Sexual Misconduct

Transparency, accountability and clear, consistent guidelines are the foundation of a culture that cares for children.

Sexual abuse. Sexual misconduct. Sex offenders. No matter what term we use, it’s ugly. It’s not a topic for polite society or church dinners. But it’s real and occurring in churches and ministries. It’s also addressed candidly in the Bible. Yet when confronted with this subject, good people often freeze like a deer in headlights. Denial won’t solve the problem. At Ministry Pacific, we’d like to suggest a path of protection and prevention.

1. Abandon denial and admit reality.
The first step in combating sexual misconduct is admitting that’s it’s a real possibility in your church, nonprofit or youth organization. We can safely assume that everywhere sexual misconduct has occurred, someone had said, “It could never happen here.” Just ask these churches and schools (below). Admitting reality does not mean admitting to a bad church. It means you understand fallen human nature and care enough to protect the congregation. That’s a good church. Good churches do something. Bad churches do nothing.

2. Get training and train continually.
Staff, volunteers and anyone who interacts with children must receive sexual abuse prevention training. Participation should be mandatory. In some states, such as California, this training is already legally required. Training is not “one and done.” It must be ongoing and championed by staff and leaders.

3. Establish a culture of accountability.
It’s one thing to offer, or even mandate, sexual misconduct training for volunteers and employees. It’s another thing to make sure correct behavior happens. This brings the uncomfortable word “accountability” into our discussion. Accountability requires background checks and the enforcement of protocols with no exceptions. One child wounded is one too many. It’s never worth the risk. There can be no favoritism. Everybody gets the same rules and policies are non-negotiable. This creates not only a policy manual, but a culture of accountability and transparency.

4. Make sure your insurance policy provides funding for a just legal defense.
Organizations' first line of defense is to prevent sexual misconduct. With that said, sexual misconduct liability insurance is a firewall against bankruptcy in the event of a civil or criminal trial directed at an individual or church. Here’s why it matters:

The accused may be 100% innocent. But that won’t stop charges or lawsuits from being filed. Innocence must be determined in a trial. A legal defense will be required to prove innocence. Who will pay for this?
An accuser can sue an individual, such as a volunteer or pastor, or the organization. Or both. If the organization is sued, the church’s leadership becomes involved in the litigation. A defense must be made. Who will pay for this?
States are lengthening statutes of limitations regarding sexual misconduct. That means a lawsuit could target a member of your church who is no longer living – even one who died decades ago. These legal changes raise the stakes and highlight the importance of being prepared for a defense.

Defense attorney fees differ, but a cost of at least $300 per hour can be expected. Unless your organization is self-insuring for legal defense, liability insurance is a necessary part of a budget and financial plan. Without a backup plan, legal defense costs could bankrupt your church and destroy your ministry.

The best case scenario
The best outcome in an abuse investigation is a legal declaration of innocence. But that finding will prove costly for the defendant. It will be costly in financial, emotional and relational terms. Reputations will suffer. But justice will prevail. A church’s insurance policy helps fund the legal defense that leads to this outcome. The church then lives on to minister another day.

The worst case scenario
The worst outcome is sexual abuse of children occurring on a church’s watch. A single act of abuse is one too many. Every act of abuse is a tragedy. If it’s known, or believed, that abuse occurred, then prosecution and litigation will follow. Insurance policies, even in this instance, will fund a legal defense. This does not mean the church or insurer try to free a guilty person from legal consequences. It means that, in the United States, everyone is entitled to a fair trial and defense. This is the goal of the insurance policy. Insurance can also protect from other dangers. For example, a church staffer or employee may be convicted of a crime and sentenced. But that doesn’t mean it’s over. The church and its board can be sued for negligence through a civil trial. Again, a defense will be required. Liability insurance funds the defense so your church is not destroyed by the deceptive moral failure of one person.

INSURANCE Coverage to protect your church, ministry or nonprofit

Sexual Misconduct Liability Insurance This funds a legal defense against civil and criminal charges and also provides additional benefits such as funding for crisis counseling. Contact us to learn more.

Officers and Directors Insurance This funds the legal defense of leaders and boards of churches, ministries and nonprofits. It protects their personal assets from being targeted in a civil suit. Contact us to learn more.

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