If the pastor of a Church sexually abuses a child of a parishioner, is the Church itself liable to pay monetary damages?

Sexual abuse of children wrecks havoc with their lives. At a time when a person's identity and sense of trust are being developed, abuse can lead to violent personality disturbance. Actual brain functioning may be altered so that the victim's life experience is forever altered. In short, the harm from abuse is great, and when measured in money, the damages can be large.

The Pastor of the Newbury Bible Church, and the Newbury Christian School fondled a young boy, John Doe, on at least four occasions. Unlike the suits filed against the Catholic Church arising out of priest misconduct, there was no record that Church authorities knew of prior abuse and covered it up. The Pastor was convicted of Lewd and Lascivious behavior, and presumably had no money to pay compensation. So, Doe's parents sued the Church in Federal Court. The U.S. Court of Appeals asked the Vermont Supreme Court to decide if the Church itself could be held responsible on the theory that an employer is liable for the misdeeds of an employee.

Earlier, the Vermont Supreme Court had decided that a County Sheriff's Department could be liable for the sexual abuse of a woman committed by a uniformed deputy sheriff. The deputy had used his status as a police officer to intimidate the victim and force her submission. Does the Pastor's relationship of trust and confidence to a parishioner put him in the same category as the deputy sheriff?

The Court found the Church was not liable. A police officer is performing a public function and is given enormous powers over citizens, presumably to keep them safe. An abusing police offer is a double abuser: the victim, and the general public who rely on police for their own safety. A pastor on the other hand is indistinguishable from a leader of any other private organization. Victims of pastor misconduct may turn to the police for help. The Court also implied that School Districts, and other organizations standing in a special relationship to young people, would not be liable for teacher abuse, absent some negligence in hiring or retaining an abuser.

Parents beware. John Doe v. The Newbury Bible Church 2007 Vt. 72