Not Guilty Plea - Tulsa Church Sex Case - Victory Christian Church

From: Associated Press

A judge has entered a not-guilty plea on behalf of a former janitor charged with making a lewd proposal to a 14-year-old girl at a megachurch in Tulsa.

Israel Castillo said nothing during his arraignment Friday morning. A judge entered the plea on his behalf and scheduled an Aug. 19 trial date.

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Photo From KOKH Fox 25

Cardinal Mahony Removed From Public Church Duties

From: Los Angeles Times

Los Angeles Archbishop Jose Gomez on Thursday announced dramatic actions in response to the priest abuse scandal, saying that Cardinal Roger Mahony would no longer perform public duties in the church and that Santa Barbara Bishop Thomas J. Curry has stepped down.

Gomez said in a statement that Mahony -- who led the L.A. archdiocese from 1985 to 2011 -- "will no longer have any administrative or public duties."

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Photo from Los Angeles Times

Maryland Law related to Child Abuse and Neglect

At the request of several of my readers I am including specific information related to recent articles from this past week. I am not a lawyer and this information is NOT intended as legal advice. Please view The Child Welfare Information Gateway for additional information or seek council from a legal professional.

 (Information from https://www.childwelfare.gov/systemwide/laws_policies/state/index.cfm?event=stateStatutes.processSearch)

Maryland
Child Abuse and Neglect - Clergy as Mandatory Reporters of Child Abuse and Neglect
Citation: Md. Code Ann. Fam. Law § 5-705(a)(1), (a)(3) (LexisNexis through 2009 Reg. Sess.)

Except as provided below, notwithstanding any other provision of law, including a law on privileged communications, a person other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall notify the local department or the appropriate law enforcement agency.

A minister of the gospel, clergy member, or priest of an established church of any denomination is not required to provide notice [when they have reason to believe that a child has been subjected to abuse or neglect] if the notice would disclose matter in relation to any communication that is protected by the clergy-penitent privilege and:

• The communication was made to the minister, clergy member, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergy member, or priest belongs.

• The minister, clergy member, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice.



Mandatory Reporters of Child Abuse and Neglect - Reporting by Other Persons
Citation: Fam. Law § 5-705

Any other person who has reason to believe that a child has been subjected to abuse or neglect must report.

An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child's parent or guardian, who is registered as a child sex offender and, based on additional information, poses a substantial risk of sexual abuse to the child.

Security at Church: The legal system in American can be very complicated and confusing. This is the reason that Lawyers spend years in school learning how to defend law and the legal system. It appears that the State of Maryland has a "catch all" law related to the mandatory reporting of child abuse and neglect even though it appears that clergy are exempt under the clergy specific legislation.

State Laws Regarding Reporting of Child Abuse and Neglect

Please go to the Child Welfare Information Gateway for specific details about your state laws. Based off of information from the Child Welfare Information Gateway I have attempted to summarize the information. I have only included the major categories of law. Within each category are sub-categories that change how the laws are applied between states. The word “privilege” refers to the clergy penitent privilege.


Clergy included as mandated reporters
Privilege granted but limited to pastoral communications: Alabama, Arizona, Arkansas, California, Colorado, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, Wisconsin

Privilege denied in cases of suspected child abuse or neglect: New Hampshire, West Virginia

Privilege not addressed in the reporting laws: Connecticut, Mississippi


Clergy not included as mandated reporters but may be included with "any person" designation
Privilege granted but limited to pastoral communications: Delaware, Florida, Idaho, Kentucky, Maryland, Utah, Wyoming

Privilege denied in cases of suspected child abuse or neglect: North Carolina, Oklahoma, Rhode Island, Texas

Privilege not addressed in the reporting laws: Indiana, Nebraska, New Jersey, Tennessee, Puerto Rico

Neither clergy nor "any person" included as mandated reporters
Privilege granted but limited to pastoral communications: Virginia, Washington

Privilege not addressed in the reporting laws: Alaska, American Samoa, District of Columbia, Georgia, Guam, Hawaii, Iowa, Kansas, New York, Northern Mariana Islands, South Dakota, Virgin Islands


Child Welfare Information Gateway
https://www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm

Clergy, Pastor, Priest - Penitent Privilege

A common question when talking about abuse in the church is related to Clergy/Pastor/Priest - Penitent Privilege. This privilege differs from state to state. The below definition should help in your understanding when discussing this topic.

Clergy, Pastor, Priest - Penitent Privilege
From: USLeagal.com

The priest-penitent privilege protects communications between a person and a clergy member acting in a professional capacity as a spiritual advisor from disclosure. A clergyman uses the priest-penitent privilege to refuse to divulge confidential information received from a person during confession or similar exchanges.

Movements to repeal the priest-penitent privilege have been mounted in some states. In the wake of the awful child abuse scandals, several legislatures throughout the country are considering laws which would require the clergy to inform authorities of any cases of suspected child abuse.

Child Abuse State Specific Resource Information

The below website is the best resource that I have found related to laws associated with state specific issues related child abuse and neglect. This site addresses state specific laws related to clergy and their legal responsibility to report child abuse and neglect. Clergy are NOT required to report abuse and neglect in all states. It is important to know the laws regarding your local state statute.

Child Welfare Information Gatewayhttps://www.childwelfare.gov/systemwide/laws_policies/state/can/


From: Child Welfare Information Gateway

Every State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes that identify persons who are required to report child maltreatment under specific circumstances. Approximately 26 States currently include members of the clergy among those professionals specifically mandated by law to report known or suspected instances of child abuse or neglect. In approximately 18 States and Puerto Rico, any person who suspects child abuse or neglect is required to report. This inclusive language appears to include clergy but may be interpreted otherwise.

New Sexual Abuse Claims Against Catholic Cardinal in Los Angeles

From: The Washington Post


{Cardinal Roger M. Mahony, for more than 25 years the savvy shepherd of the Roman Catholic Church in Los Angeles, retired nearly two years ago to a renovated yellow house behind his childhood parish, pledging to stay in the spotlight by continuing to fight for the rights of immigrants.

But the cardinal now finds himself in a most unwelcome spotlight, one that he sought for years to avoid. Internal church personnel files released this week as part of a civil court case reveal that he and his top adviser knowingly shielded priests accused of child sexual abuse from law enforcement. In one letter, the cardinal ordered a clergyman to stay in New Mexico, where he had been sent for treatment, to avoid the possibility of being reported to the police in California.}

Read More: http://www.nytimes.com/2013/01/23/us/mahony-shielded-abusive-priests-documents-show.html?_r=0

Security at Church: I came across this article this morning. As I read through the story, my attention was drawn to the fact that the charges against Cardinal Mahony were NOT related to his direct actions in sexual abuse; however, related to the accusation that he shielded priests and their actions from the police.

Unfortunately, I am starting to see a pattern related to this topic. This is a similar complaint to the story we shared regarding The Rock Church in California. It is also similar to some of the allegations against Sovereign Grace Ministries in Louisville, KY (formerly Gaithersburg, MD). This begs the questions “where are we going wrong within our churches”? How can we prevent this from happening in the future?

As I have stated before on this website, my goal is to shed light on events happening in churches across the country and provide my thoughts along with resources on how to protect your local church from similar events happening at your place of worship. I have no intention of highlighting any one specific church, denomination or religion. Whether it is a Catholic Parish, Baptist Church or Non-denominational place of worship we can all learn from the experiences of others.

Sovereign Grace Ministry Abuse Articles

From: The Washington Post

Suit accuses Sovereign Grace Ministries of covering up alleged child sexual abuse

A Montgomery County Circuit Court lawsuit accuses past and current leaders of a 100-church evangelical denomination of covering up sexual abuse of minors, forcing small children to “forgive” abusers and ostracizing families who wouldn’t hide the alleged crimes.

The lawsuit filed Friday adds more accusers and more accused to a complaint filed last fall against Sovereign Grace Ministries, a movement founded in the 1970s in Gaithersburg. Among those named now is co-founder Larry Tomczak, who was a key figure in the movement’s early years but split from it bitterly in the 1990s.


Read More: http://www.washingtonpost.com/local/lawsuit-accuses-neo-calvinist-church-movement-leaders-of-child-sexual-abuse/2013/01/14/6e671764-5e94-11e2-90a0-73c8343c6d61_story.html


From: WJLA ABC 7

Sovereign Grace: More allege church hid sex abuse

LOUISVILLE, Ky. (AP) - Five people have joined a Maryland lawsuit that claims a Kentucky-based evangelical church group covered up allegations of sexual abuse against children and failed to alert police and shield children from known sexual predators.

The new plaintiffs join three women who filed a civil lawsuit against Sovereign Grace Ministries in October. The suit accuses church leadership of encouraging parents of alleged victims to refrain from reporting abuses to police and creating "a culture in which sexual predators were protected from accountability and victims were silenced."

Read more: http://www.wjla.com/articles/2013/01/sovereign-grace-more-allege-church-hid-sex-abuse-84100.html#ixzz2IWoqpe2l

Rock Church Faces Child Sex Abuse Lawsuit

Not to make things worse; however, it looks like our friends at Rock Church in San Diego are now facing their own allegations... This should be a wake up call to all churches that we need to do more to protest our children and church members!!


From: UT San Diego

SAN DIEGO — A lawsuit has been filed against San Diego Rock Church Academy, alleging that three young girls who attended the school were molested by one of their teachers.

The families of the minors also contend that despite being notified in February 2009 that the teacher had been seen with two students on his lap in a darkened classroom during “movie day,” authorities at the school did not call police or conduct an investigation to determine whether any students had been molested.

The teacher, who taught Spanish, no longer works at the school. His employment was terminated in the spring of 2010 after a parent notified the school principal that her daughter had been molested in class, according to the complaint filed this week.

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Church Abuse - Security - Sovereign Grace Ministry - SGM

I am not really sure where to start this blog post. For the last three years I have dedicated my spare time to post helpful information related to church safety and security. I have spoken with countless numbers of people trying to help them increase the safety and security of their places of worship. Now… My church of almost 30 years and “former” church parent ministry is plagued with their own “apparent” scandal related to both sexual abuse and abuse of pastoral authority. I have purposefully been quite related to the events that have been occurring. For months I have been asked to comment on the issue. I have decided that I cannot run a website dedicated to church safety and security and NOT talk about a major issue that is unfolding right in front of my eyes.

How and why did we get to this point! By no means am I attempting to say that I have had all of the answers. Many of the claims and allegations against both Sovereign Grace Ministry (SGM) and Covenant Life Church (CLC) stem back 25 years… From a Safety and Security prospective I can honestly state that I have first hand observed Covenant Life Church make many positive changes over the last 5 years towards their policies and procedures related to safety and security. The question will remain was it too little too late?

When I started this website 3 years ago, I was approached by two individuals from SGM and asked to contribute information about church safety and security on their internal church leadership website. Their passion and desire was to get this information out to their family of churches so positive change could be made in the best interest of their church membership. I decided that my first post should be related to children’s ministry and the importance of conducting background checks. (Original Blog Post will be posted in a separate securityatchurch.com post). I received immediate positive feedback from the content of the message from the two individuals who were in favor of the content being shared. Unfortunately, an individual in SGM leadership felt that the content of my post should not be viewed as the opinion of SGM. He did not want SGM churches to view my suggestions as coming with the authority of the parent ministry. My blog post was removed and my invitation to post future content related to church safety and security was revoked! This decision was not the desire of the two individuals who originally asked me to contribute. In fact to this day they are both still huge supporters of my efforts and securityatchurch.com! (Note: One of the individuals no longer works for SGM).

I am including the original SGM Blog Post in my next post for you to read and decide for yourself… Maybe the SGM leadership should have had their local churches view this information as the opinion of the parent ministry! What is your local church or church parent ministry doing to actively protect you and your local church? If they ever have the unfortunate situation to have the national press and local legal system evaluating them, will the outcome show an active desire to help the church be a safe place or a hidden effort to prevent resources and information from being shared and spread?

Baltimore Church Founder Sentenced for Sexual Offenses

From: Baltimore Sun

A Baltimore church founder was sentenced to 20 years in prison Wednesday, with another 25 years held in suspension, for forcing his girlfriend’s teenage daughter to watch the couple having intercourse and to participate in sexual acts during a two-year period, the Baltimore State’s Attorney’s Office announced.

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Anger Grows Over Church's Handling Of Criminal Investigation

From: Fox News Charlotte

CHARLOTTE, NC - More parents come forward with concerns about how Victory Christian Center and its school handled sex crime charges against an employee that also involved a minor.

Those parents believe the pastor needs to talk about what happened and address the impact on the children.

"Are they going to be open and honest or are they going to make it seem not as serious as it really is?"

Read More

Click for sex crime and background check information! 

U.S. Priest Found Guilty In Church Abuse Case

From: Reuters

"A monsignor who oversaw hundreds of priests in the Philadelphia Archdiocese was found guilty on Friday of one count of endangering the welfare of a child, making him the first senior U.S. Roman Catholic Church official to be convicted for covering up child sex abuse."

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Sexual Predator Training Helps Catch Priest

From: Reuters

{A Catholic priest already charged in state court with possessing thousands of pornographic images of young boys is due in a Pittsburgh courtroom on Friday on new federal charges, authorities said...

A parish employee who had undergone training to identify sexual predators allegedly saw Sorensen viewing child pornography on his computer and called the church child abuse hotline.}

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My Thoughts: What caught my attention in this article was the part about the parish employee who had received training to identify sexual predators. I think this is a very important point that so many churches overlook. Sexual sin and sexual abuse is a concern that is plaguing our churches and places of worship. Take the time to give your church membership and leadership the proper protection it needs. 

A second item of interest in this article was the fact that this was the second set of charges that this priest was receiving for child pornography. A good learning point is to insure that your church leadership is included in your screening when doing background checks. It is a good habit to re-screen everyone every couple of years. 

Sexual Abuse in Church - Part 2

From: Carl Chinn - "Think About It" (reposted with permission)

NOTE: With last week’s news out of Penn State University, a lot of media attention has gone once again to the Catholic Church. As a non-Catholic, I once again reject the notion that this issue of sexual abuse is a Catholic problem. I am keeping this important subject posted for another week with another story from this past week, plus some additional bullet points.

The additional bullet points were offered by my good friend Vic Meyer out of Tulsa, OK. Vic has served a security role in church for many years, and has been baptized by fire into the subject of sexual abuse in a church. I know of nobody else who has walked through that fire like Vic, and he has come through it with lessons learned for all of us.

Vic Meyer adds the following. As I read his comments, I thought of the Penn State fiasco. How different it would have been for them if they had followed these three simple bullets at the very first hint of trouble. Take note;

· Successful child predators operating in spiritual settings could not operate without the absolute trust of those who surround them. Trusting friends and co-workers are necessary cogs in the gears that make the predator successful. Those friends and co-workers will be required to give them a pass on policy infractions, dismiss troublesome details, think the best when suspicion is in order and defend when the victim accuses.

· The process of gaining trust is called “grooming” and involves everyone who could stop the predator. The predator counts on those groomed to find the crime so repugnant that they refuse to believe either the victim or the evidence. For that reason the predator will always be among the most faithful and trusted.

· There is nothing romantic or consensual about adult on child personal/sexual relationships. It is a crime. Always involve the authorities and eliminate the “groomed effect” from your in-house inquiries by selecting people with no relationships to the accused.

-------

On Thursday 11/10, news came out of Corpus Christi, TX that the pastor -- related to the victims through marriage -- had sexually assaulted teens at his church. Jose Humberto Herrera (now 58-years old) had pastored the Iglesia Bautista Buen Pastor (The Good Shepherd Baptist) Church in Alice for 10 years. During that time, 2 teenage girls and their brother worked at odd jobs around the church.

Herrera has admitted to the abuse of the girls, and denied abusing the boy. The girls were 15 and 16 at the time of the assaults. The victims were his step-grandchildren. He is charged with all three crimes.

Fighting Sexual Abuse in Church

In light of Carl's article that was posted yesterday on "Sexual Abuse in Church" I wanted to take a moment and highlight a few things related to the topic over the next couple of days. 


The first item I want to address is my version of the "Rule of Two". Carl referenced the "Rule of Two" from the Boy Scouts of America Code of Conduct. To the best of my knowledge prior to his article I had never read this Code of Conduct, even though I use to be a Boy Scott... After reading it I thought that the Boy Scouts version had several good principles that can be used when conducting church outings. There are a few items that I think we should add to it when considering our local church.


Whenever you are considering activities with a minor you should always have two adults present at all times. This rule is to both protect the minor as well as the adults. If a second adult is present it may take away the opportunity that someone may have to attempt to conduct inappropriate conversations or actions. This action will serve in protecting the minors. In the event that a minor was to lie about a situation the second adults presence would serve as a witness to what did or did not occur. There are countless documented cases that resulted in a he said, she said scenario. Normally the courts tend to favor the minor unless there is extensive documented evidence that shows the minor to be lying. By setting up the situation in the first place to prevent the claim from even occurring will serve in protecting the adults. 


If possible it is always a good idea to have two adults that are unrelated. I understand that finding volunteers to assist with child care can often be challenging; however, the testimony of two unrelated adults can go a lot further then a husband and wife's testimony. I encourage the same principle when it comes to counting and transporting the churches tithes and offerings. There is more accountability from unrelated individuals. 


Sensitive Times...


Always have two adults of the same sex present during bathroom breaks. Some times this can be accomplished by having regular scheduled bathroom breaks and combining different classes to increase the number of adults present. Avoid situations that can be compromising.


Have two adults present while teaching Sunday school classes or providing child care. 


Have two adults present during sporting events or church outings. 


Have two adults present during drama practices or choir rehearsals. 


Do you have any idea's to add to this list? Please leave a comment and let our readers know your thoughts. 

Sexual Abuse in Church - Carl Chinn - "Think About It"

Reposed with Permission from www.carlchinn.com


Posted 11/6/11 From Carl Chinn - "Think About It"

There has been nothing unusual about sexual abuse in churches in recent days. As usual, there have been a lot of awful stories to read.

On Friday, 11/4, news came out of Cypress, TX that a 32-year old youth pastor was arrested for having sexual relations with a 16-year old girl in the youth group.  This happened in a very good evangelical church, led by a sincere pastor credentialed in Psychology, Religion and Christian Counseling and well known for his effective international conferences on marriage and family dynamics.

Yet under that canopy, 32-year old Chad Foster was unwittingly brought in as a youth pastor for the Community of Faith Church. Within a few months of that appointment, he took advantage of a 16-year old girl. What started as talking and texting, eventually ended in Foster’s home where he and the girl had sex a number of times.

On Thursday, 11/3, news came out of Murrieta, CA that the 41-year old founder and pastor of a church was arrested for having sexual relations with a 15-year old girl he had started counseling in 2008. A little math would indicate she was 12 or 13-years old when some kind of relationship began. The girl and her mother had come to the church for help, after coming out of a domestic violence past. The church had taken them in, and even given the mother a job for a season.

But the mother had grown uncomfortable with the amount of time pastor Matthias Anderson  of New Wine Ministries was spending with her daughter, and left the church. She had recently discovered e-mails that suggested the two were continuing to see each other, and was finally able to get her daughter to admit they had been engaging in sex for some years.

On Wednesday, 11/2, news came out of Marengo, IL that a 39-year old youth minister was arrested in an on-line underage sex sting.  Marengo First Assembly of God youth minister Barry Caudle thought he was having internet conversations with a 14-year old girl interested in sex with him, but it was actually an undercover law enforcement sting operation to catch pedophile activity.

When the married man continued communication with this girl, he crossed the line of “grooming and unlawful luring of a minor” which resulted in his arrest which stunned the church leadership.  

On Wednesday, 10/26, news came out of Logan, OH that a 30-year old youth pastor was arrested for having sex with a 13-year old girl in his youth group This time it occurred in the Logan Church of the Nazarene where Travis Branstetter served as Youth Pastor. As such he became interested in the young girl, and would take her hunting with him. At some point those woodland expeditions led to sex.

When investigators did finally get the girl to admit to what was happening, she detailed approximately 10 sexual encounters with her youth pastor.

THINK ABOUT IT …

·         All of these children thought they were in a loving consensual relationship. Those who took advantage of their vulnerabilities and trust were filthy predators engaging in gross pedophilia. There is a reason “consensual” is irrelevant under the age of 16.

·         Churches of all faiths need to step up leadership selection, management and accountability procedures in light of this serious issue. In most of the stories in this category I have read through the years, the issue of negligence on the part of the church was easy to establish by the prosecution.

·         This subject has been viewed as a “Catholic problem” by many. I did not choose a week on purpose that had no Catholic stories. It isn’t hard to find news stories of all faiths –Mormon, Islamic, Catholic, Amish, Jewish, and Protestant – no faith is free of such vial sexual activity.

·         The U. S. Conference of Catholic Bishops now leads the charge in battling this issue. They have published the Charter for the Protection of Children and Young People, and update that document as needed. It is an excellent template for any faith taking this issue seriously. Even if you are Protestant like me, please read this document. It is a profound model developed through painful experience, and can be easily edited to fit any faith. I hope other faiths can be more proactive and avoid adding to this tragic list of victims.

·         Become familiar with Boy Scouts of America, Codes of Conduct. There are many applicable models for a church in there as well (see especially article IV, items 10: “the 2 deep rule” & 11: “the rule of 3”)

·         The next TAI will be about youth training. It was written in part due to this serious issue of sexual abuse in church.

One in Four College Women Report Surviving Rape

This summary is not available. Please click here to view the post.

Every 2 minutes, someone in the U.S. is sexually assaulted.

"Here's the math. According to the U.S. Department of Justice's National Crime Victimization Survey -- the country's largest and most reliable crime study -- there were 248,300 sexual assaults in 2007 (the most recent data available).

There are 525,600 minutes in a non-leap year. That makes 31,536,000 seconds/year. So, 31,536,000 divided by 248,300 comes out to 1 sexual assault every 127 seconds, or about 1 every 2 minutes."

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3rd Claim of Sexual Abuse from Atlanta Pastor

ATLANTA, Sept. 23 (UPI) -- "The leader of a 25,000-member Atlanta-area church canceled a radio interview after learning a third man had accused him of forcible sex, the station said.

Bishop Eddie Long canceled a scheduled Thursday morning interview on the syndicated Tom Joyner Morning Show after learning about the third law suit, The Atlanta Journal-Constitution reported."

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