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	<title>Comments on: The Growing Mormon Sex Abuse Scandal</title>
	<atom:link href="http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/feed/" rel="self" type="application/rss+xml" />
	<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/</link>
	<description>Exploring Mormon culture in a balanced way</description>
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		<title>By: hrh</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-120380</link>
		<dc:creator>hrh</dc:creator>
		<pubDate>Tue, 01 Dec 2009 19:15:08 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-120380</guid>
		<description>As a friend of mine never fails to mention when the name of the Utah Cult comes up, &quot;The second &#039;m&#039; is silent.&quot;</description>
		<content:encoded><![CDATA[<p>As a friend of mine never fails to mention when the name of the Utah Cult comes up, &#8220;The second &#8216;m&#8217; is silent.&#8221;</p>
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		<title>By: Mom of 3</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-111797</link>
		<dc:creator>Mom of 3</dc:creator>
		<pubDate>Tue, 27 Oct 2009 01:40:50 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-111797</guid>
		<description>33.  it would seem from that quotation that no bishop or higher leader in the church is without the access to advice or seeking counsel on how to handle something legally, or morally or both on such matters in question.  I would hope that most are using this.

I find it interesting that they urge members to report things to authorities, but they don&#039;t state any clarification on when or if they themselves are obligated to do so.  Perhaps because of the church&#039;s worldwide presence now which would mean in every nation or area the case or situation may be different?</description>
		<content:encoded><![CDATA[<p>33.  it would seem from that quotation that no bishop or higher leader in the church is without the access to advice or seeking counsel on how to handle something legally, or morally or both on such matters in question.  I would hope that most are using this.</p>
<p>I find it interesting that they urge members to report things to authorities, but they don&#8217;t state any clarification on when or if they themselves are obligated to do so.  Perhaps because of the church&#8217;s worldwide presence now which would mean in every nation or area the case or situation may be different?</p>
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		<title>By: From the Blawgernacle &#8211; September 30, 2009 &#171; LDS Law</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-106291</link>
		<dc:creator>From the Blawgernacle &#8211; September 30, 2009 &#171; LDS Law</dc:creator>
		<pubDate>Wed, 30 Sep 2009 18:30:49 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-106291</guid>
		<description>[...] Jeff Breinholt&#8217;s legal series on Mormon Matters takes a more serious turn to discuss legal aspects of sex abuse in the Mormon Church.  It&#8217;s not exactly light reading, but I would recommend it to any attorney who attends any [...]</description>
		<content:encoded><![CDATA[<p>[...] Jeff Breinholt&#8217;s legal series on Mormon Matters takes a more serious turn to discuss legal aspects of sex abuse in the Mormon Church.  It&#8217;s not exactly light reading, but I would recommend it to any attorney who attends any [...]</p>
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		<title>By: Ian Cook</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104806</link>
		<dc:creator>Ian Cook</dc:creator>
		<pubDate>Thu, 24 Sep 2009 16:36:44 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104806</guid>
		<description>For the record, the Handbook of instructions states the following on page 186.
“Members who have abused others are subject to church discipline. They should not be given church callings and may not have a temple recommend. Even if a person who abused a child sexually or physically receives Church discipline and is later restored to full fellowship or readmitted by baptism or confirmation, leaders should not call the person to any position working with children or youth unless the first presidency authorizes removal of the annotation on the person’s membership record.”
Also, on the same page:
“In the United States, Canada, and selected other countries, the church has established a help line to provide guidance to bishops and stake presidents in cases of abus. (numbers listed). If one of these leaders becomes aware of physical or sexual abuse involving Church member, or if he believes that a person may have been abused or is at risk of abuse, he should call the help line. He will be able to consult with social services, legal specialists, and other specialists who can help answer questions and formulate steps that should be taken.” 
“If confidential information indicates that a member’s abusive activities have violated applicable law, the bishop or stake president should urge members to report these activities to the appropriate government authorities. Leaders can obtain information about local reporting requirements through the helpline.”</description>
		<content:encoded><![CDATA[<p>For the record, the Handbook of instructions states the following on page 186.<br />
“Members who have abused others are subject to church discipline. They should not be given church callings and may not have a temple recommend. Even if a person who abused a child sexually or physically receives Church discipline and is later restored to full fellowship or readmitted by baptism or confirmation, leaders should not call the person to any position working with children or youth unless the first presidency authorizes removal of the annotation on the person’s membership record.”<br />
Also, on the same page:<br />
“In the United States, Canada, and selected other countries, the church has established a help line to provide guidance to bishops and stake presidents in cases of abus. (numbers listed). If one of these leaders becomes aware of physical or sexual abuse involving Church member, or if he believes that a person may have been abused or is at risk of abuse, he should call the help line. He will be able to consult with social services, legal specialists, and other specialists who can help answer questions and formulate steps that should be taken.”<br />
“If confidential information indicates that a member’s abusive activities have violated applicable law, the bishop or stake president should urge members to report these activities to the appropriate government authorities. Leaders can obtain information about local reporting requirements through the helpline.”</p>
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		<title>By: nobody</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104801</link>
		<dc:creator>nobody</dc:creator>
		<pubDate>Thu, 24 Sep 2009 16:18:07 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104801</guid>
		<description>#25 - I would be interested to know exactly what the church&#039;s policy is.  I think one of the problems encountered when there is an ambiguous policy is that leaders have too much discretion in how to handle the situation.  I know of a circumstance where there was a very credible allegation of abuse by one child against another child (they were older primary age children).  The bishop instructed those who knew of it, including the primary president, to keep it quiet because he was concerned about the welfare of the perpetrating child and that child&#039;s family.  The leaders were instructed to keep an eye on the child, but none of the other ward children&#039;s parents were informed about what had happened.  Furthermore, the child&#039;s mother, who held a position that involved primary aged children, kept her calling and continued to have unwitting primary children come to her home for functions.  In that situation, the bishop obviously has to have concern for everyone involved, including the family of the perpetrating child.  However, because he wasn&#039;t given specific instruction of exactly what protocol to follow, it was left to his discretion and he basically chose to protect the perpetrator&#039;s family&#039;s privacy over the safety of every other child in the ward.  I&#039;m sure that&#039;s not what he intended, but that was the result, in my opinion.</description>
		<content:encoded><![CDATA[<p>#25 &#8211; I would be interested to know exactly what the church&#8217;s policy is.  I think one of the problems encountered when there is an ambiguous policy is that leaders have too much discretion in how to handle the situation.  I know of a circumstance where there was a very credible allegation of abuse by one child against another child (they were older primary age children).  The bishop instructed those who knew of it, including the primary president, to keep it quiet because he was concerned about the welfare of the perpetrating child and that child&#8217;s family.  The leaders were instructed to keep an eye on the child, but none of the other ward children&#8217;s parents were informed about what had happened.  Furthermore, the child&#8217;s mother, who held a position that involved primary aged children, kept her calling and continued to have unwitting primary children come to her home for functions.  In that situation, the bishop obviously has to have concern for everyone involved, including the family of the perpetrating child.  However, because he wasn&#8217;t given specific instruction of exactly what protocol to follow, it was left to his discretion and he basically chose to protect the perpetrator&#8217;s family&#8217;s privacy over the safety of every other child in the ward.  I&#8217;m sure that&#8217;s not what he intended, but that was the result, in my opinion.</p>
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		<title>By: vjohzon</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104788</link>
		<dc:creator>vjohzon</dc:creator>
		<pubDate>Thu, 24 Sep 2009 15:02:04 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104788</guid>
		<description>You can&#039;t choose who walks in the door or who says that their part of your religion, however you can monitor how their able to talk to inside, I once visited a Jehovahs Witness meeting with my three young daughters there was a blind man there with a seeing eye dog so as children do, they went over and talked to him and pet his dog, all of the sudden 2 elders pulled me to the side and told me that if I wanted to have the girls talk to them that was fine but keep an eye on them because he is a registered child molester, thats the differance, they did&#039;nt move him to another congragation or sweep it under the rug, the people that have a past of child molesting our closely watched and they can never hold anykind of position in the hole organization thay can not even go out from door to door without a elder. It does&#039;t mean their not forgiven but for their sake and the childrens it has to be done like that. If it does happen in the congragation they will talk to every child that they know has had any contact with them and provide counceling and as with everything else of coarse at no charge</description>
		<content:encoded><![CDATA[<p>You can&#8217;t choose who walks in the door or who says that their part of your religion, however you can monitor how their able to talk to inside, I once visited a Jehovahs Witness meeting with my three young daughters there was a blind man there with a seeing eye dog so as children do, they went over and talked to him and pet his dog, all of the sudden 2 elders pulled me to the side and told me that if I wanted to have the girls talk to them that was fine but keep an eye on them because he is a registered child molester, thats the differance, they did&#8217;nt move him to another congragation or sweep it under the rug, the people that have a past of child molesting our closely watched and they can never hold anykind of position in the hole organization thay can not even go out from door to door without a elder. It does&#8217;t mean their not forgiven but for their sake and the childrens it has to be done like that. If it does happen in the congragation they will talk to every child that they know has had any contact with them and provide counceling and as with everything else of coarse at no charge</p>
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		<title>By: Anon here</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104786</link>
		<dc:creator>Anon here</dc:creator>
		<pubDate>Thu, 24 Sep 2009 14:33:25 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104786</guid>
		<description>Another anon (#29),

If it is the case that Church leaders do not choose the models in articles, then I guess I can just chalk up the fact that my friend&#039;s abuser was picutred as an abuser as a happy coincidence.  Regardless of the reason he was chosen as the model, I still get some satisfaction knowing how this guy was used in the Ensign.</description>
		<content:encoded><![CDATA[<p>Another anon (#29),</p>
<p>If it is the case that Church leaders do not choose the models in articles, then I guess I can just chalk up the fact that my friend&#8217;s abuser was picutred as an abuser as a happy coincidence.  Regardless of the reason he was chosen as the model, I still get some satisfaction knowing how this guy was used in the Ensign.</p>
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		<title>By: Another anon</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104704</link>
		<dc:creator>Another anon</dc:creator>
		<pubDate>Thu, 24 Sep 2009 04:00:38 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104704</guid>
		<description>Anon here (#5), as someone who used to work for the Church magazines, I can assure you that Church leaders do not choose the models used in articles. The designers do that. If you saw a connection between a model (your friend&#039;s bishop) and an abuse case, that connection was purely coincidental. The Church never subtly announces anything &quot;to the world&quot; through the models used in the Church magazines.</description>
		<content:encoded><![CDATA[<p>Anon here (#5), as someone who used to work for the Church magazines, I can assure you that Church leaders do not choose the models used in articles. The designers do that. If you saw a connection between a model (your friend&#8217;s bishop) and an abuse case, that connection was purely coincidental. The Church never subtly announces anything &#8220;to the world&#8221; through the models used in the Church magazines.</p>
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		<title>By: gloria</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104703</link>
		<dc:creator>gloria</dc:creator>
		<pubDate>Thu, 24 Sep 2009 03:56:47 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104703</guid>
		<description>Why, in this day and age does the LDS church not run criminal back round checks on those who are involved with their lay ministry? Especially those in their youth and children&#039;s programs. I can not believe that with the clout the LDS church has and the financial status they have they do not run criminal back round checks. I find this irresponsible with the size of church they have and the number of children and youth going thru their programs. 

Any one want to answer why they do not do this???

I always found it disheartening to send my kids off to primary to be taught by a total complete stranger, whom I had no idea who they were and what their back round was.  

Most large churches run criminal back round checks. Why not the LDS?


Regards,
gloria</description>
		<content:encoded><![CDATA[<p>Why, in this day and age does the LDS church not run criminal back round checks on those who are involved with their lay ministry? Especially those in their youth and children&#8217;s programs. I can not believe that with the clout the LDS church has and the financial status they have they do not run criminal back round checks. I find this irresponsible with the size of church they have and the number of children and youth going thru their programs. </p>
<p>Any one want to answer why they do not do this???</p>
<p>I always found it disheartening to send my kids off to primary to be taught by a total complete stranger, whom I had no idea who they were and what their back round was.  </p>
<p>Most large churches run criminal back round checks. Why not the LDS?</p>
<p>Regards,<br />
gloria</p>
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		<title>By: Theresa Petrey</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104697</link>
		<dc:creator>Theresa Petrey</dc:creator>
		<pubDate>Thu, 24 Sep 2009 03:19:44 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104697</guid>
		<description>Our Washington case has had exactly the impact it should have had.  Increased vigilance by all parties and better scrutiny.  Also, we all have a duty to exercise reasonable care in our relationships and to appropriately report criminal behavior.  I would suggest that social factors may be part of the reason there is a paucity of Utah cases.  Who wants to be the lawyer that brings that lawsuit and who wants to have the pain of being the plaintiff in any state, let alone in a State where you are more likely to face social ostracization for doing so.</description>
		<content:encoded><![CDATA[<p>Our Washington case has had exactly the impact it should have had.  Increased vigilance by all parties and better scrutiny.  Also, we all have a duty to exercise reasonable care in our relationships and to appropriately report criminal behavior.  I would suggest that social factors may be part of the reason there is a paucity of Utah cases.  Who wants to be the lawyer that brings that lawsuit and who wants to have the pain of being the plaintiff in any state, let alone in a State where you are more likely to face social ostracization for doing so.</p>
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		<title>By: Jeff Breinholt</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104693</link>
		<dc:creator>Jeff Breinholt</dc:creator>
		<pubDate>Thu, 24 Sep 2009 01:44:17 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104693</guid>
		<description>If that&#039;s the case, Steve, why are there sex abuse cases in which the Church has claimed privilege?</description>
		<content:encoded><![CDATA[<p>If that&#8217;s the case, Steve, why are there sex abuse cases in which the Church has claimed privilege?</p>
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		<title>By: Stephen M (Ethesis)</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104691</link>
		<dc:creator>Stephen M (Ethesis)</dc:creator>
		<pubDate>Thu, 24 Sep 2009 01:40:39 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104691</guid>
		<description>As a matter of policy, the LDS Church does not claim a privilege against reporting sex abuse from confession.  It is a matter of criminal law in most states.

Our local JRCLS had Mark Romney give a presentation for leaders about what they needed to know, aimed at immediate reporting, the 800 numbers, etc.  It was very useful, the sort of thing I should have saved for a post on Mormon Matters (except it predated Mormon Matters).

That gives me some ideas ...</description>
		<content:encoded><![CDATA[<p>As a matter of policy, the LDS Church does not claim a privilege against reporting sex abuse from confession.  It is a matter of criminal law in most states.</p>
<p>Our local JRCLS had Mark Romney give a presentation for leaders about what they needed to know, aimed at immediate reporting, the 800 numbers, etc.  It was very useful, the sort of thing I should have saved for a post on Mormon Matters (except it predated Mormon Matters).</p>
<p>That gives me some ideas &#8230;</p>
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		<title>By: Jeff Breinholt</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104683</link>
		<dc:creator>Jeff Breinholt</dc:creator>
		<pubDate>Thu, 24 Sep 2009 00:36:33 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104683</guid>
		<description>I think it&#039;s fair to say the Church is caught in a tough situation when leadership knows about sex abuse from confession: disclose and violate the clergy privilege, or don&#039;t and risk being sued later.  Kind of like banks, who must protect customer information while reporting suspicious transactions. When I was a private lawyer, we learned that an alcoholic commercial pilot was flying drunk, but it was protected by attorney-client privilege.  Still, I think laying off the blame to &quot;lay leadership&quot; is a cop-out.  Also, I&#039;m not convinced that Peter&#039;s explanation for why these cases haven&#039;t advanced in Utah - more familiarity with Church leadership structure - is as likely as a (my) more cynical theory.</description>
		<content:encoded><![CDATA[<p>I think it&#8217;s fair to say the Church is caught in a tough situation when leadership knows about sex abuse from confession: disclose and violate the clergy privilege, or don&#8217;t and risk being sued later.  Kind of like banks, who must protect customer information while reporting suspicious transactions. When I was a private lawyer, we learned that an alcoholic commercial pilot was flying drunk, but it was protected by attorney-client privilege.  Still, I think laying off the blame to &#8220;lay leadership&#8221; is a cop-out.  Also, I&#8217;m not convinced that Peter&#8217;s explanation for why these cases haven&#8217;t advanced in Utah &#8211; more familiarity with Church leadership structure &#8211; is as likely as a (my) more cynical theory.</p>
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		<title>By: Stephen M (Ethesis)</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104679</link>
		<dc:creator>Stephen M (Ethesis)</dc:creator>
		<pubDate>Thu, 24 Sep 2009 00:14:13 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104679</guid>
		<description>&lt;b&gt;but it seems to be saying that if religious leaders were actually held accountable for giving ...any ... counsel&lt;/b&gt; is how the suits I&#039;ve seen have attempted to go in this neck of the woods.

Though as Peter has noted, there is a real problem in dealing with hierarchical churches and dealing with lay ministries. The local cases have held people responsible for their professional skills, stepping away from religious doctrines and clashes.  

So, try to escape professional licensing and other duties by calling it church services?  Bammm.

Engage in an historic religious function:  immune.

The real question is who gets second guessed and how.  Such as what about liability for the acts of someone who used to home teach a family five years before who then commits a crime against them (thinking of a real case)?  Does that impose some sort of duty on the bishop who has no actual knowledge to have been aware?

Lots of really interesting issues continue to develop, jurisdictions vary widely.</description>
		<content:encoded><![CDATA[<p><b>but it seems to be saying that if religious leaders were actually held accountable for giving &#8230;any &#8230; counsel</b> is how the suits I&#8217;ve seen have attempted to go in this neck of the woods.</p>
<p>Though as Peter has noted, there is a real problem in dealing with hierarchical churches and dealing with lay ministries. The local cases have held people responsible for their professional skills, stepping away from religious doctrines and clashes.  </p>
<p>So, try to escape professional licensing and other duties by calling it church services?  Bammm.</p>
<p>Engage in an historic religious function:  immune.</p>
<p>The real question is who gets second guessed and how.  Such as what about liability for the acts of someone who used to home teach a family five years before who then commits a crime against them (thinking of a real case)?  Does that impose some sort of duty on the bishop who has no actual knowledge to have been aware?</p>
<p>Lots of really interesting issues continue to develop, jurisdictions vary widely.</p>
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		<title>By: Greg</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104661</link>
		<dc:creator>Greg</dc:creator>
		<pubDate>Wed, 23 Sep 2009 21:40:48 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104661</guid>
		<description>Yes, imagine the following headline: &quot;Mormon Priest Has Pregnant, Teen Girlfriend.&quot; The average Latter-day Saint probably knows someone who, as a teenager and a priest, had a pregnant girlfriend. But if you&#039;re not familiar with the LDS priesthood structure, such a headline would seem shocking.</description>
		<content:encoded><![CDATA[<p>Yes, imagine the following headline: &#8220;Mormon Priest Has Pregnant, Teen Girlfriend.&#8221; The average Latter-day Saint probably knows someone who, as a teenager and a priest, had a pregnant girlfriend. But if you&#8217;re not familiar with the LDS priesthood structure, such a headline would seem shocking.</p>
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		<title>By: Peter</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104660</link>
		<dc:creator>Peter</dc:creator>
		<pubDate>Wed, 23 Sep 2009 21:29:27 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104660</guid>
		<description>My understanding of the Washington case in which the Church received a $1.2 million verdict against it was that the Washington court held that the bishop was functionally a social worker, and therefore subject to the higher duty to disclose. I believe the bishop in that case was an engineer, and I disagreed strongly with the court&#039;s finding at the time. That portion of the decision was &lt;a href=&quot;http://deseretnews.com/article/1,5143,695211683,00.html&quot; rel=&quot;nofollow&quot;&gt;reversed on appeal&lt;/a&gt;, although other portions were affirmed.

My feeling is that many jurisdictions are &lt;a href=&quot;http://www.mormonlawyers.com/2009/02/church-liability-for-acts-of-individual.html&quot; rel=&quot;nofollow&quot;&gt;unsure how to deal with the lay ministry structure of the Mormon Church.&lt;/a&gt; In most denominations you have clearly defined pastors or priests that can be accurately considered agents of the church. It&#039;s harder within Mormonism, where even 12-year-old kids have certain degrees of authority. Most courts seem to struggle with the structure of Mormon congregations. This might even partially explain why few of these sex-abuse cases arise in Utah, if courts there are familiar with the structure of the Mormon Church and limit liability as to congregation members in spite of callings or assignments.</description>
		<content:encoded><![CDATA[<p>My understanding of the Washington case in which the Church received a $1.2 million verdict against it was that the Washington court held that the bishop was functionally a social worker, and therefore subject to the higher duty to disclose. I believe the bishop in that case was an engineer, and I disagreed strongly with the court&#8217;s finding at the time. That portion of the decision was <a href="http://deseretnews.com/article/1,5143,695211683,00.html" rel="nofollow">reversed on appeal</a>, although other portions were affirmed.</p>
<p>My feeling is that many jurisdictions are <a href="http://www.mormonlawyers.com/2009/02/church-liability-for-acts-of-individual.html" rel="nofollow">unsure how to deal with the lay ministry structure of the Mormon Church.</a> In most denominations you have clearly defined pastors or priests that can be accurately considered agents of the church. It&#8217;s harder within Mormonism, where even 12-year-old kids have certain degrees of authority. Most courts seem to struggle with the structure of Mormon congregations. This might even partially explain why few of these sex-abuse cases arise in Utah, if courts there are familiar with the structure of the Mormon Church and limit liability as to congregation members in spite of callings or assignments.</p>
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		<title>By: Jeff Breinholt</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104646</link>
		<dc:creator>Jeff Breinholt</dc:creator>
		<pubDate>Wed, 23 Sep 2009 20:00:55 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104646</guid>
		<description>On the issue of Churches paying taxes (#17), that&#039;s a subject of one of my future posts (The Church and the IRS).  A preview: the Church&#039;s seemingly never-ending and unsuccessful quest to be treated as exempt from property taxes, and the large number of Mormon militant tax protestors. Guess which Mormon took the most aggressive tax position with the IRS?  Ernest Wilkinson. Plus, I am now absolutely convinced that the blacks and the priesthood &quot;revelation&quot; was driven by tax concerns.</description>
		<content:encoded><![CDATA[<p>On the issue of Churches paying taxes (#17), that&#8217;s a subject of one of my future posts (The Church and the IRS).  A preview: the Church&#8217;s seemingly never-ending and unsuccessful quest to be treated as exempt from property taxes, and the large number of Mormon militant tax protestors. Guess which Mormon took the most aggressive tax position with the IRS?  Ernest Wilkinson. Plus, I am now absolutely convinced that the blacks and the priesthood &#8220;revelation&#8221; was driven by tax concerns.</p>
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		<title>By: brjones</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104644</link>
		<dc:creator>brjones</dc:creator>
		<pubDate>Wed, 23 Sep 2009 19:34:48 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104644</guid>
		<description>kuri, you&#039;re getting warmer...</description>
		<content:encoded><![CDATA[<p>kuri, you&#8217;re getting warmer&#8230;</p>
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		<title>By: kuri</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104643</link>
		<dc:creator>kuri</dc:creator>
		<pubDate>Wed, 23 Sep 2009 19:31:48 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104643</guid>
		<description>brjones,

Yes, I was being somewhat sarcastic. If I were being even more sarcastic, I might have summarized the argument as, &quot;You can&#039;t expect us to be accountable for our advice; it&#039;s only religious advice after all.&quot;</description>
		<content:encoded><![CDATA[<p>brjones,</p>
<p>Yes, I was being somewhat sarcastic. If I were being even more sarcastic, I might have summarized the argument as, &#8220;You can&#8217;t expect us to be accountable for our advice; it&#8217;s only religious advice after all.&#8221;</p>
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		<title>By: brjones</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104642</link>
		<dc:creator>brjones</dc:creator>
		<pubDate>Wed, 23 Sep 2009 19:21:26 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104642</guid>
		<description>#13 - kuri, I can&#039;t tell whether you were being sarcastic in your last comment, but that&#039;s a fair representation of the idea of the chilling effect.  Obviously the argument is that the counsel and advice given by religious leadership is critical, and if the court starts wading in and making qualitative judgments about the kind of advice that is given, then religious leaders will be forced to stop giving any advice at all in order to protect themselves, which is not a good outcome.  I would agree that it is a little bit of a self-serving argument, although I understand what they&#039;re arguing.  It seems like a better position to just adopt zero tolerance policies and make completely sure that any time something like this happens, the church can know with surety that it was a rogue individual and not the result of a lax or ambiguous policy.  On a bigger scale, though, religions just want to be able to do whatever they want without having to answer to anyone but god.  Oh, and also not have to pay taxes.</description>
		<content:encoded><![CDATA[<p>#13 &#8211; kuri, I can&#8217;t tell whether you were being sarcastic in your last comment, but that&#8217;s a fair representation of the idea of the chilling effect.  Obviously the argument is that the counsel and advice given by religious leadership is critical, and if the court starts wading in and making qualitative judgments about the kind of advice that is given, then religious leaders will be forced to stop giving any advice at all in order to protect themselves, which is not a good outcome.  I would agree that it is a little bit of a self-serving argument, although I understand what they&#8217;re arguing.  It seems like a better position to just adopt zero tolerance policies and make completely sure that any time something like this happens, the church can know with surety that it was a rogue individual and not the result of a lax or ambiguous policy.  On a bigger scale, though, religions just want to be able to do whatever they want without having to answer to anyone but god.  Oh, and also not have to pay taxes.</p>
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		<title>By: Bored in Vernal</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104634</link>
		<dc:creator>Bored in Vernal</dc:creator>
		<pubDate>Wed, 23 Sep 2009 18:12:30 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104634</guid>
		<description>Right.  I wouldn&#039;t want any church leader to be legally forced to reveal things that were told to them in confidence, especially the milder things like porn use.  Kuri, that doesn&#039;t mean they shouldn&#039;t be held accountable if they made bad decisions with the knowledge that they had.  I still think there are going to be lots of gray areas--I was thinking especially of the case Jeff cited above: 

&lt;blockquote&gt;&quot;Also in Washington was a case by the wife of a sex abuser who sued her bishop for granting her a Temple Recommend in order to get married, despite indications that her husband had such proclivities.&quot;&lt;/blockquote&gt;

I just see that there is a need for the Church to have some sort of policy in place, and yet there is going to be a substantial difficulty in making and interpreting such policies.</description>
		<content:encoded><![CDATA[<p>Right.  I wouldn&#8217;t want any church leader to be legally forced to reveal things that were told to them in confidence, especially the milder things like porn use.  Kuri, that doesn&#8217;t mean they shouldn&#8217;t be held accountable if they made bad decisions with the knowledge that they had.  I still think there are going to be lots of gray areas&#8211;I was thinking especially of the case Jeff cited above: </p>
<blockquote><p>&#8220;Also in Washington was a case by the wife of a sex abuser who sued her bishop for granting her a Temple Recommend in order to get married, despite indications that her husband had such proclivities.&#8221;</p></blockquote>
<p>I just see that there is a need for the Church to have some sort of policy in place, and yet there is going to be a substantial difficulty in making and interpreting such policies.</p>
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		<title>By: MrQandA</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104632</link>
		<dc:creator>MrQandA</dc:creator>
		<pubDate>Wed, 23 Sep 2009 18:01:26 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104632</guid>
		<description>Bored in Vernal - 

There is a difference between a Bishop being aware of someone&#039;s involvement with Pornography, and knowing that this leader was planning to take such material to a scout camp. It is a little unfair to lay fault at his door.  unless your believe that no one who has seen a naked image should be around children.

I am alarmed at the leak of information; had this bishop not heard of confidentiality.</description>
		<content:encoded><![CDATA[<p>Bored in Vernal &#8211; </p>
<p>There is a difference between a Bishop being aware of someone&#8217;s involvement with Pornography, and knowing that this leader was planning to take such material to a scout camp. It is a little unfair to lay fault at his door.  unless your believe that no one who has seen a naked image should be around children.</p>
<p>I am alarmed at the leak of information; had this bishop not heard of confidentiality.</p>
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		<title>By: brjones</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104623</link>
		<dc:creator>brjones</dc:creator>
		<pubDate>Wed, 23 Sep 2009 17:04:18 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104623</guid>
		<description>#11 - Hmm, I have to admit that is pretty disturbing.  I think that&#039;s a lot different than the boys having dirty magazines, as Michael discussed in #12.  I think in that instance there are additional concerns about having that kind of person be in a position to be around kids.  

With respect to your original comment, BIV, I&#039;m not even saying I necessarily disagree with you that that&#039;s something a woman should be concerned about, or even that it should be a red flag when considering marrying someone.  I would not tell another person they are silly for thinking pornography is a really big deal.  I was just pointing out that within the context of a church leader having an obligation to take preemptive steps to prevent criminal behavior before it happens, I don&#039;t think porn usage would really rise to that level.  I do think your example raises some very interesting issues, though.</description>
		<content:encoded><![CDATA[<p>#11 &#8211; Hmm, I have to admit that is pretty disturbing.  I think that&#8217;s a lot different than the boys having dirty magazines, as Michael discussed in #12.  I think in that instance there are additional concerns about having that kind of person be in a position to be around kids.  </p>
<p>With respect to your original comment, BIV, I&#8217;m not even saying I necessarily disagree with you that that&#8217;s something a woman should be concerned about, or even that it should be a red flag when considering marrying someone.  I would not tell another person they are silly for thinking pornography is a really big deal.  I was just pointing out that within the context of a church leader having an obligation to take preemptive steps to prevent criminal behavior before it happens, I don&#8217;t think porn usage would really rise to that level.  I do think your example raises some very interesting issues, though.</p>
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		<title>By: kuri</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104619</link>
		<dc:creator>kuri</dc:creator>
		<pubDate>Wed, 23 Sep 2009 16:53:01 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104619</guid>
		<description>I find this idea of the &quot;chilling effect&quot; of fiduciary responsibility quite interesting. Perhaps I am misunderstanding the concept since I am neither an attorney nor a church official, but it seems to be saying that if religious leaders were actually held accountable for giving bad counsel, they might stop giving it, and that would be a Very Bad Thing, so they must not be held accountable.</description>
		<content:encoded><![CDATA[<p>I find this idea of the &#8220;chilling effect&#8221; of fiduciary responsibility quite interesting. Perhaps I am misunderstanding the concept since I am neither an attorney nor a church official, but it seems to be saying that if religious leaders were actually held accountable for giving bad counsel, they might stop giving it, and that would be a Very Bad Thing, so they must not be held accountable.</p>
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		<title>By: Michael</title>
		<link>http://mormonmatters.org/2009/09/23/the-growing-mormon-sex-abuse-scandal/#comment-104617</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Wed, 23 Sep 2009 16:48:20 +0000</pubDate>
		<guid isPermaLink="false">http://mormonmatters.org/?p=7362#comment-104617</guid>
		<description>I was involved in non-LDS scout troops growing up (I was raised Catholic).  The occasional Playboy or Hustler sometimes found its way into camp and was passed around.  Some of us ignored it and some were eager viewers.  But none of us were scarred or suffered lasting damage.  It was just plain old curiosity and not a major deal.

Of course, I recognize that porn has become much more prevalent in our society since then due to different avenues of distribution.  But I think the over-reaction to natural boy curiosity creates more harm than just letting it pass.  If you teach your children to avoid such things in FHE, then they will make the right choice.

IMHO, we have just gotten entirely TOO paranoid about controlling every risk factor in a child&#039;s life.  Most things are not as damaging as we make them out to be.

NOTE: I am not equating serious sexual abuse with more minor items such as viewing a Playboy.  Totally different things.  So please do not re-interpret my comments to conclude that I am totally devoid of understanding or minimize true abuse.</description>
		<content:encoded><![CDATA[<p>I was involved in non-LDS scout troops growing up (I was raised Catholic).  The occasional Playboy or Hustler sometimes found its way into camp and was passed around.  Some of us ignored it and some were eager viewers.  But none of us were scarred or suffered lasting damage.  It was just plain old curiosity and not a major deal.</p>
<p>Of course, I recognize that porn has become much more prevalent in our society since then due to different avenues of distribution.  But I think the over-reaction to natural boy curiosity creates more harm than just letting it pass.  If you teach your children to avoid such things in FHE, then they will make the right choice.</p>
<p>IMHO, we have just gotten entirely TOO paranoid about controlling every risk factor in a child&#8217;s life.  Most things are not as damaging as we make them out to be.</p>
<p>NOTE: I am not equating serious sexual abuse with more minor items such as viewing a Playboy.  Totally different things.  So please do not re-interpret my comments to conclude that I am totally devoid of understanding or minimize true abuse.</p>
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