Opinion | Texas law that protects churches that report sex abuse needs clarity
A cross and Bible sculpture stand outside the Southern Baptist Convention headquarters in Nashville, Tenn., on May 24, 2022. The Executive Committee of the Southern Baptist Convention said Friday, Aug. 12, 2022, that several of the denomination's major entities are under investigation by the U.S. Department of Justice.
The Texas law, known as House Bill 4345, was sponsored by state Rep. Scott Sanford, R-McKinney, and written with contributions from Bart Barber, a Farmersville pastor who was recently elected SBC president. It states that charitable organizations acting in good faith are protected from liability when they disclose to current or prospective employers “information reasonably believed to be true” about allegations of sexual offenses.
Based on our conversations with attorneys familiar with the Texas law, there are differing opinions about whether it shields churches in cases when a sexual abuse allegation hasn’t been reported to law enforcement. For example, think of an allegation involving an adult victim who hasn’t called police or a person who comes forward alleging abuse that happened years or decades before.
Still, it was wise for state lawmakers to move forward with House Bill 4345. We know from news reports and religious institutions’ own investigations that Catholic priests, Baptist pastors and others who were credibly accused of child abuse were often punted from one congregation to another to avoid a scandal. Barber told theabout his own experience with a pastor who threatened a defamation lawsuit if Barber and others disclosed a sexual misconduct allegation.
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