Can The Church Be Held Liable For Hiring A Rapist?

Can the Church be held liable if a staff member commits a crime against a church member or their family?  Yes it can if it can be proven that the church was negligent in it's hiring of the staff member of if the church should have known about the staff members past.  In a case like this one, it may not matter if the church knew or should have known.  The crime is so horrendous that a jury may sympathize with the victim anyway.  In a civil case a jury can find anyway they want to and if they feel that the church was negligent in it's hiring of the suspect or should have done a better job of checking out the suspects background then the plaintiff will likely win the suit.  

A complete Volunteer and staff screening program is vital in today's world. You must do a complete background check along with interviews and reference checks. This includes contacting people not included on the application listed as references. Most people will list friends or family members that they know will give them a good reference. Review the application thoroughly and look for previous employers and prior churches attended. Contact the previous employers and the pastor of the prior church. You will amazed at what kind of information that you can get from these contacts. Look for gaps in employment and gaps in church attendance. Ask about these gaps during the interview. Gage the responses and look for deceptive behavior and body language. People get uncomfortable when questioned about these things and a lie will reveal itself in their speech pattern or the way that the applicant sits in their chair. Think about these tips as you read the article below and as always, if you need more information please visit my website at www.trinityriskmanagment.com. 

Rape victim's parents suing church

Updated: Thursday, 02 Jun 2011, 5:56 PM CDT
Published : Thursday, 02 Jun 2011, 5:56 PM CDT

TAYLOR, Texas (KXAN) - The parents of a 14-year-old rape victim have filed suit against a Taylor church, alleging the pastor and other church members opened the door for the crime to happen.

Jeremy James, 29, a musical minister at the Mount Calvary Missionary Baptist Church, was convicted in April for aggravated sexual assault of the girl who was a member of the church choir.

He is now facing 15 years in prison, but the girl’s family think the church should also be held accountable.

“The church has some liabilities for allowing him to take girls over and have sleepovers,” said the family’s attorney, Kevin Madison.

The rape occurred on July 9 when the victim was invited over to James’ home for a sleepover with other girls from the church, including James’ two daughters.

But Madison also said the church staff's knowledge of James reputation also makes them liable.

“The knowledge we petitioned is his history of relations with woman and also girls," he said.

Pastor Tony Sorrells said that was knowledge he did not have when he hired him.

The suit alleges James had a history of questionable relationships which should have raised red flags before he was hired to head the church’s musical productions.

“I have never heard of anything inappropriate with him in that nature,” said Sorrells who re-hired James just months after he left the church following a verbal altercation with another female.

“There was never any proof or evidence of wrongdoing,” said Sorrells, who claimed troublesome past incidents were only brought to his attention after the 14-year-old was assaulted.

“The church has knowledge and if they didn’t, they should have,” said Madison. “This is the small town of Taylor.”

Sorrells said James was popular among the congregation.

“It has been difficult for the church because a lot of people liked him, but justice has been served," Sorrells said.

Embezzlement From The Church? It Does Happen!

A Hammond, Indiana Church Treasurer was arrested recently for embezzling $17,000 from a Baptist Church's checking account.  She stole the money over a period of 2 years without being caught.  She says that she used the money to pay bills and to pay her son's college tuition.  

How can this happen?  A trusted member of the church that was the church secretary prior to becoming the treasurer. How could she do this?  The checks and balances that were in place were not being followed.  You see, someone trusted her to make the right decisions. Well the problem is that she is human and when she felt the pressure of financial need, she made a decision that would ultimately affect the rest of her life.  

Pastors and Board Members trust the people that work around them and volunteer in the ministry. Most of the time they think that these are Christians so they won't fall prey to worldly pressures.  That type of thinking is wrong in today's world and economy.  People will do things that no one ever thought that they would when confronted with the pressures of life.  I have interviewed over a thousand subjects for theft in my career and all of them were trusted and no one ever thought that they would do what they did.

Trust but verify.  Ensure that you have the checks and balances in place to keep this type of theft from happening and follow them.  Always have two people involved when it comes to the church's finances.  Never allow a human being the freedom to control finances by themselves. They may succumb to temptation when they see no other way out.

Are You Protecting Your Tithes and Offerings

I have read several articles recently about church break ins and money being stolen from church offices and safes.  Many Pastors and Board Members don't even think about securing the tithes and offering after it has been counted.  I bet most don't even know what happens to the money after the Ushers count it.  

The Tithes and offering should be secured immediately after the counting is completed, which by the way should be done by two people at all times.  It should be secured in a safe or locked cabinet until it can be deposited in the bank.  Most burglars and robbers know that banks are not open on Sundays and know that there will likely be money in the church office somewhere on Sunday night into Monday morning so that's when they will likely strike.  

Here are a few things to remember about securing the money.  If you have a safe, ensure that it is secured behind a locked door.  If you can take the deposit to the bank on Sunday afternoon and put it into the night drop, that may be a good idea.  If not, get it to the bank as early as possible on Monday.  You do not want to have the money in the building any longer than you have to.  The robbers know it's there. Always have two people take the deposit to the bank.  There is strength in numbers and there is a lesser chance of being robbed.  You also have a witness that the money made it to it's destination.  No questions about the deposit being made if the bank calls and says there was a problem. Always have two people count the money.  Always have a second person verify the count and have two people sign the deposit slip.  Trust but verify.  Vary your routes to and from the bank.  Vary the times that you go.  DO NOT get into a routine.  A robber will figure this out.  Do not be predictable.

Protecting the Tithes and Offerings is not that hard to do.  Just use common sense and never think that It Can't Happen Here.  IT CAN!