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.