Copyright 2018 Theresa Harvard Johnson
(March 16, 2018)
It’s shameful.
Sexual abuse allegations have cost the Roman Catholic Church in America nearly $4 billion over six decades in litigation and settlements, according to an in-depth investigation by the National Catholic Reporter. In a separate study, the scandals surrounding the allegations have resulted in lost membership and more than $2.3 billion annually in giving for the past 30 years (NCR).
Although the Catholic church is widely seen as the poster child for sexual abuse, the top three, leading faith-based insurance companies report that the Protestant Christian churches they ensure paid out $87.8 million in claims from 1987-2007 (Denney, Kerley, Gross 2). This data, however, is over a decade old but comes from the three leading insurance agencies that specialize in defending lawsuits against churches. Various reports conclude that the actual costs of the sexual abuse-related litigation and settlements are significantly higher for both Catholic and Protestant churches because they do not include litigation fees, monthly insurance premiums or other associated costs.
If the church can release millions of dollars in settlements and devote thousands of man-hours to ending litigation, how much more could they dedicate to educating the congregation and building programs to stop sexual abuse within its walls? It seems that the humanity and safety the church is charged with upholding has been lost in an endless and increasing cycle of legal disputes with very few developing programs that educate congregational communities, shield the congregations from sexual abuse, hold sexual predators accountable and support the needs of families affected by it.
This must change!
According to Ministry Safe (n.d.), a network dedicated to getting churches on track, the reason why churches are at risk is because “members want to believe that their church, their children’s ministry, and their youth programs are safe and that sexual abuse would never happen in their church, in their building.” This, however, is only partially true. Churches are known to be extremely resistant to sexual abuse education, prevention, and programs within their communities, but are significant havens for predators to hide. (See, “The Sin of Silence: The epidemic of denial about sexual abuse in the church” by The Washington Post)
This inability to confront the problem is resulting in “loss of monetary resources a church would otherwise use for religious, charitable, or educational purposes” (Schiltz 947). According to an article in the New York Times, questions surrounding whether the charitable donations received by the church are going to fund these insurance costs have left the Roman Catholic Church facing scrutiny from big donors and laymen alike concerning its finances.
As a result, philanthropists are increasingly withholding their giving and churches are remaining unprotected. At the same time, the costs associated with these lawsuits have taken away the church’s ability to impact their communities economically as congregations increasingly use assets to settle these allegations instead of serving their communities. Some churches have been forced to sell land and property or close down altogether to meet their legal obligations.
According to the Boston College Law review (2003), clergy sexual abuse litigation “poses a serious economic threat to all churches” (953). Because churches depend on donations to survive and to provide charitable services to their communities and abroad, they are being deeply impacted as fewer people are giving. Schlitz notes that by law, “churches are required to devote their resources exclusively to religious, charitable or educational purposes. Part of the reason why churches receive constitutional protection and are exempt from taxation is that broadly speaking, churches promote public welfare” (Schlitz, 2003, p. 964). With these resources now in question due to these types of litigations, the religious freedoms they have experienced are now at risk.
While data primarily surrounds the Catholic church, it provides a picture of what all churches are facing as a result of the impact of sexual abuse litigation. As the #metoo #churchtoo movements indicate, there is growing concern to protect victims. Newsweek writer Marci A. Hamilton suggests putting the “insurance system on center stage due to its power to coerce better practices” for church organizations “with the threat of no or escalating coverage” (Hamilton, “Here’s a simple way to bring an end to sexual abuse”). Hamilton states that the insurance system is “no friend to victims as it has implemented non-disclosure agreements, intimidated victims, and avidly lobbied against statute of limitations reform” (“Here’s a simple way to bring an end to sexual abuse”). The suggestion here, however, is that the insurance system would have to come under government pressure to comply with this initiative due to this system of “insurance” being big business for the insurance companies involved.
Hamilton states, “In all likelihood, Congress and the state legislatures will need to coerce them to do the right thing. The insurance industry has the power to turn around at least the workplace on these issues if it starts demanding the kind of preventative practices only it can effectively enforce and punishes those who harbor perpetrators with escalating premiums and the threat of no coverage” ( “Here’s a simple way to bring an end to sexual abuse”).
References
Denney, Andrew S., et al. “Child Sexual Abuse in Protestant Christian Congregations: A Descriptive Analysis of Offense and Offender Characteristics.” Religions, vol. 9, no. 1, ser. 27, 18 Jan. 2018, pp. 2–13. 27.
Dillon, Sam, and Leslie Wayne. “As Lawsuits Spread, Church Faces Questions on Finances.” The New York Times, The New York Times, 12 June 2002, www.nytimes.com/2002/06/13/us/scandals-church-money-lawsuits-spread-church-faces-questions-finances.html.
Hamilton, Marci A. “Here’s a simple way to bring an end to sexual abuse.” Newsweek, 27 Nov. 2017, www.newsweek.com/heres-simple-way-bring-end-sexual-abuse-721485.
Schiltz, Patrick J., and John G. Harvey. “The Impact of Clergy Sexual Misconduct Litigation on Religious Liberty.” Boston College Law Review, vol. 44, no. 4, ser. 5, 2003, pp. 947–976. 5, www.bc.edu/content/dam/files/schools/law/lawreviews/journals/bclawr/44_4/02_FMS.htm.
Ruhl, Jack, and Diane Ruhl. “NCR research: Costs of sex abuse crisis to US church underestimated.” National Catholic Reporter, 2 Nov. 2015, www.ncronline.org/news/accountability/ncr-research-costs-sex-abuse-crisis-us-church-underestimated.
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Humiliation: A Story of Rape Through Art & Poetry
By Theresa Harvard Johnson
(Available in Hardback and Print at The Scribal Arsenal)
Understanding the heart of someone who has been raped or sexually assaulted can be difficult for those who love them and seek to help them recover and heal. The depth of their brokenness, however, can often go unspoken – making communication in relationships difficult.
This collection of art and poetry hopes to present a bridge in that gap by giving insight and a strong voice to the inner torment of the raped soul. It opens the door for conversations that are seldom initiated by people who are sexually assaulted.
It may also provide an opportunity for those who love someone who has been raped or sexually assaulted to know the depth of their brokenness, meet them with tremendous compassion along their journey and become their greatest advocate. This art and poetry collection is an opportunity for various communities to listen and for those recovering to be heard.
