Speaking OUT to end clergy sexual misconduct.

Archive for the ‘Legal Issues’ Category

Never sign an NDA

Harvey Weinstein is in the news, as are dozens of his victims. Today, the Washington Post shines a light on one of Weinstein’s self-protective tactics: the NDA, or Non-Disclosure Agreement.  This week, actress Zelda Perkins broke hers. “I wanted to publicly break my non-disclosure agreement,” she said. “Unless somebody does this, there won’t be a debate about how egregious these agreements are and the amount of duress that victims are put under.”

Thank you, Zelda Perkins! Non-Disclosure Agreements reveal the institution’s true goals: not to heal the victim, but to protect the offender. I’ve always known this truth. I knew I couldn’t heal without telling my story. When I settled with the Episcopal diocese, I agreed not to disparage my offender, and to keep the terms of the settlement confidential — but I steadfastly maintained the right to talk about my experience. 

It seems NDAs are so ubiquitious, in the church just as in Hollywood, that everyone assumed I must have signed one. When I started talking openly about why I’d left St Paul’s, my new pastor asked me, “Are you allowed to say these things?” Even worse: the bishop who co-created and signed my settlement apparently assumed it contained an NDA. When he learned about my blog, he had his attorney send a threatening letter to my attorney (I wrote about it here)  If I didn’t “bring this whole episode to a close,” the letter warned, the bishop would make a public statement denying my experience.

I stood my ground then, and I stand it now. It’s my story, and I have a right to tell it. In fact, survivors need to tell our stories  to seek justice, protect others, and heal our souls. When we were negotiating my settlement, I told my attorney that I would never agree to keep silent about my experience. I had no problem agreeing to keep the terms of the settlement confidential, and to refrain from disparaging (legally, “making a false and injurious statement about”) my offender, but I insisted on my right to tell my story. I have kept my word; I’ve spoken and written nothing but the truth, and I even protected Scott’s identity on this blog until after my bishop had told St Paul’s the truth about him. 

Don’t allow the church to silence you. Don’t sign an NDA. Hold fast to your right to tell your own story. 

Working With the Law: Making CSA Illegal

A few months ago, I was talking with my dad about my work on this issue. I told him that in many states, pastors can go to prison if they have sexual contact with a congregant. I could see the skeptical look on his face.

“You seem surprised, Dad,” I said. “Why?”

My dad asked, “Why is it the state’s business who a priest has sex with?” In other words: what’s wrong with a little canoodling between consenting adults?

The problem, of course, is “consent.” It’s hard to say “no” to someone more powerful than yourself. And if you can’t say “no,” your “yes” has no meaning, especially when the “yes” is won by emotional manipulation and deceit. My former pastor gained my trust, and eventually my romantic feelings, by feigning interest in my soul. If he had been open about his lust from the beginning, I never would have given him the time of day. But by the time he spoke, I was completely dependent on his pastoral care. It took me nine days to get the clarity of mind to say, “No.” That one word took all my strength, and ultimately I couldn’t make it stick.

I didn’t share all this with my dad; I just said that the power differential made meaningful consent impossible. Aha! I could see the light coming on. My dad said, “So it’s like when psychologists sleep with their patients!” Exactly right. The Hippocratic Oath prohibits sex with patients, and in all fifty states, a therapist can lose his or her license for being sexual with a patient. In many states, that therapist can end up in prison. And in 13 states (Arkansas, Connecticut, Delaware, Iowa, Kansas, Minnesota, Mississippi, New Mexico, North Dakota, South Dakota, Texas, Utah, Wisconsin) and the District of Columbia, the fiduciary duty law applies to clergy who offend sexually within a pastoral counseling relationship. The National Organization for Women supports efforts for legal reform in all states.

I’m not a lawyer, so I was glad to find a paper explaining the legal issues on the resources page of the Baylor clergy sexual misconduct study. If you’re curious, you can dive into some of these links. Sexual Misconduct of Clergypersons with Congregants or Parishioners — Civil and Criminal Liabilities and Responsibilities (Helge and Toben) is not easy reading, but it offers a deeper understanding of state laws on clergy sexual misconduct. In 11 of the 13 states, CSM is illegal only when it arises from a formal therapeutic counseling relationship. Only Texas and Arkansas criminalize clergy/congregant sex per se. The Texas law, like an earlier Minnesota law, refers to “the clergyman’s professional character as spiritual advisor.” That clause in the Minnesota law was struck down on the basis of church/state entanglement, and the Texas law still faces challenges. In contrast, the Arkansas law never mentions religious practices; it only requires that the clergyman be “in a position of trust or authority over the victim,” using that trust or authority to engage in sexual activity. The Arkansas law has so far stood up to all challenges.

Even as you read these words, the advocacy team at Predatory Pastor is trying to get clergy added to Virginia’s Fiduciary Code and Criminal Statutes. Jim Wright makes a clear supporting argument on his Crossroads Junction blog. I hope you will join me in signing this petition.

And if you are a lawyer interested in getting something started in California, let’s talk.

 

 

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