Don’t Mess with Texas: (Sexual Predators Beware!)
By Rita Hoyt Jenkins
Sexual predators should think long and hard, as well as count the costs, before choosing to make Texas home. “Don’t Mess with Texas,” a registered trademark of the Texas Department of Transportation, is recognized widely as the no-nonsense attitude Texans have about keeping the highways litter free, but this slogan may just as easily describe the position Texas laws exert against sexual misconduct against children and adults. The strong-armed approach, taken by the state, instituted laws to designate sexual abuse as a criminal offense. One of the more aggressive states, it stands firmly on the issue of protecting children and vulnerable adults from injury at the hands of sexual predators. This paper concentrates primarily on the impact of Texas laws on members of the clergy; notwithstanding, the state administers the laws impartially and comprehensively, regardless of the profession.
Committing an act of sexual assault in Texas occurs if the person intentionally or knowingly engages in sexual activity without the consent of the other person or intentionally or knowingly engages in any sexual contact or activity with a child.1 A “child” means a person younger than 17 years old who is not the spouse of the person.2 For a member of the clergy, “without consent” includes causing the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in his professional character as spiritual advis-er.3 Federal guidelines established by the United States Equal Employment Commission (EEOC) define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.4 Sexual conduct is unwelcome whenever the person subjected to it considers it unwelcome. These guidelines set the standard for appropriate conduct in the workplace.5
Secrecy shrouds sexual abuse in children. Many times sexual predators inflict fear to prevent children from sharing the horrors they experience. These fears may manifest in several ways: depression, drug abuse, self-degradation, inability to trust and love, guilt, alcoholism, and thoughts or attempts of suicide.6 The horrors of the abuse cause a rippling effect. The incidents devastate the innocence of the child, which may cause physiological, emotional, and spiritual problems well into adult life. Others never overcome the problems relating to their abuse. Unfortunately, some even commit suicide because they are unable to
Everyone affected by the sexual abuse of children is a victim except the child molester.
reconcile the contradiction of the act of violence perpetrated by “men or women of the cloth” to a God who would allow them to cause such pain. Everyone affected by the sexual abuse of children is a victim except the child molester. The victim spiral extends to include the family of the accused or convicted clergy. Marriages dissolve and leave in their stead the broken lives of wives, children, and other family members. The church receives a mark of contempt that damages weaker Christians and causes some to abandon the faith and never return. The disappointment they experience overflows into developing a lack of trust and confidence in authority figures. Like the effects of any sin, sexual sins cause death, not necessarily physical. The alarming realization is that the majority of sexual predators fail to see and acknowledge the harm they cause to the bodies and psyche of victims in the aftermath of their acts of violence.
Sexual abuse is a second-degree felony in the state of Texas warranting prosecution, and if convicted, punishment by stiff prison sentences. Throughout the state, district attorneys investigate and prosecute sexual abuse claims at the expense of the state. Prosecutors need only discover apparent facts through inquiry that would lead them to believe that an accused person had committed a crime to support the filing of charges; however, proof beyond a reasonable doubt is required for a conviction.7
Convicted sex abusers must register as sex offenders with a national registry. The U. S. Department of Justice maintains a website, www.nsopr..gov, which provides information on sex offenders by state, leaving limited space for offenders to hide. This registry is important to parents of children because the recidivism rate in sexual predators is high. Most sexual offenders repeat the offense again if given the opportunity. The actions of sex abusers should receive continuous scrutiny because of the nature of the crime and the potential for repeat. A repetitive cycle of sin continues because the sexually abused, in turn, become sexual abusers themselves. Other punishments by the law include the loss of basic constitutional rights, such as being able to vote, post bail, or hold public office.8 The completion of a jail sentence does not reinstate these rights.
A convicted sexual predator is at risk of the “double whammy” effect in the state of Texas. The consequences for a sexual predator do not stop with conviction by a jury that leads to imprisonment, but also includes the possibility of the victim filing a civil suit. Any evidence discovered and cited in a criminal case by the prosecutor is admissible evidence in a civil liability suit. The burden of proof in civil cases is less than in criminal cases.9 In order to prevail, the attorney must prove only by preponderance of the evidence, rather than beyond a reasonable doubt, that the sexual offender committed the alleged acts of child abuse.10
Psalm 127:3 declares that children are a gift of the LORD. They are precious in the eyes of God and should be loved, nurtured, and protected. The psalmist also says that a man is blessed when he has many children. God loved men so much that He called them His children; “children of God.” Children have a special place in the kingdom. Matthew records that unless men become as little children they will not enter the kingdom of heaven. Chapter 18:6 in Matthew declares that anyone who causes a child, who believes in Christ, to stumble, should have a millstone tied around his neck and drowned in the sea. The sacred trust given to adults by God to preserve the sanctity of children resonates in the laws of the state of Texas. These laws vigorously support keeping children safe from abuse and neglect and support pursuing those who decide to do otherwise by causing them harm.
People living in Texas who believe that sexual misconduct does not concern them need to reconsider their decision. All persons are required to report child abuse or neglect according to Texas law. Non-reporters of child abuse and neglect become culpable under the law for their failure to report. “In approximately 18 states and Puerto Rico, any person who suspects child abuse or neglect is required to report. Of these 18 states, sixteen states and Puerto Rico specify certain professionals who must report but also require all persons to report suspected abuse or neglect, regardless of profes-sion.”11
Texas falls within the list of states that itemizes certain professionals to report but also requires all persons to report. Recently charged with three counts of failure to report child abuse Mr. Gasparello, the Sharpstown High School principal, faces a Class A misdemeanor, which carries a maximum punishment of one year in jail.12 He allegedly did not report to law enforcement or Child Protective Services, sexual abuse complaints by a 17-year-old male student and a 16-year-old female student within the required forty-eight hours.13
Texas disallows the use of the clergy-penitent privilege as grounds for failing to report suspected child abuse or neglect. All residents of Texas must report child abuse. No one is exempt, including information received through privileged communication.14 Authorities require reporting of any privileged communications and confessions that members of clergy hear relating to sexual misconduct against a child.15 Mandatory reporting guidelines leave little space for a sexual predator to operate without being exposed, but many times small cracks of opportunity exists in churches. The church culture perception that all men are sinners forgiven by God should not Psalm 127:3 declares that children are a gift of the LORD. They are precious in the eyes of God and should be loved, nurtured, and protected.
preempt prudence in employee and volunteer screening and accountability. The upside of the law is that reporters of child abuse receive confidentiality of identity unless waived in writing by the reporter.16
Many times clergy enter into precarious predicaments when they attempt to minister to the needs of their parishioners, especially in the counseling area. “More sexual sin involving pastors has been committed in the context of counseling than in any other setting.”17 Clergy should remain above reproach by establishing strict guidelines to alleviate vulnerable situations. Private closed-door meetings with the opposite sex are inadvisable. Referring parishioners who need longterm counseling to specialized professionals is prudent and wise. Any hints
of sexual advancement from parishioners should cancel any counseling agreements. Clergy should attempt to live holy lives without the appearance of improprieties. The law does not distinguish between a clergy who carelessly or negligently becomes involved with a parishioner and a “predator clergy” who intentionally and actively preys on the sexual vulnerabilities of their flock.18
The fact is that an act of sexual abuse occurred at the hand of a person of trust, power, and authority regardless of the circumstances. The seemingly innocent action of a single minister dating a single member of the church can result in allegations of sexual abuse.19 A single minister dating in the church constitutes reckless behavior and is imprudent because situations that appear consensual at the onset can backfire and cause problems because of the position of trust ascribed to clergy. The pastor or spiritual leader holds a position of trust and authority that can exert influence over the parishioner’s will to act pragmatically.
False accusations are as damaging as allegations leading to convictions. The path is equally destructive and the fallout indistinguishable from those leading to convictions. Allegations of sexual abuse against any clergy members cause irreparable harm to the character of the individual, governing authority, and the ministry of the church, even if unsubstantiated. As devastating as child abuse is to the individual child, the damage of false accusations incurred by the minister, ministry, and the church trails close behind. The consequences extend beyond criminal penalties because the person also suffers social disdain.20 The ripple effect of allegations of sexual abuse contributes to divorce, bankruptcy, loss of employment, and friendships.
These effects disrupt the lives of everyone involved, including families and relationships. The clergy member’s reputation is marred, his position of trust and honor topple, resulting in loss of membership, and loss in finances to support what might have been a
vibrant ministry. Failure of the ministry causes harm to the parishioners, but there is comparable harm to the testimony of the whole of Christendom. All acknowledge that Christians are sinners saved by grace, but the world sees hypocrisy in the ranks of people who represent Christ. Future employment opportunities become difficult to impossible for accused sex offenders because of the stigma of not knowing definitively if the person were guilty or simply got away with the alleged crime. False accusations are as feathers released in the wind, unrecoverable. Who can determine where the wind blew them? The question of guilt or innocence remains in the minds of people after the dust settles.
In several states, such as Georgia and Kentucky, sexual abuse victims received large settlements through civil actions, but the prosecution of the clergy predators never occurred. A case in Kentucky alleged that a Catholic bishop molested three former altar boys. The bishop denied the allegations but the claim would eventually be resolved as part of a $25 million settlement. The bishop was not prosecuted.21 The state of Texas closes this loophole by imposing criminal penalties on sexual abuse.
One can view the tenacious attitude of the state of Texas for justice against sexual predators by looking at the Warren S. Jeffs case. Mr. Jeffs, the leader of a polygamous sect of The Fundamentalist Church of Jesus Christ of Latter-Day Saints (Mormons) fought extradition from Utah to West Texas to stand trial on charges of bigamy and sexual assault for two years.22 In the end, Texas won and he lost his bid to stay in Utah. Mr. Jeffs later received a sentence of life in prison plus twenty years for sexually assaulting two girls he claimed were his “spiritual wives.”23 Texas did not stop with his conviction, but zealously prosecuted his polygamist bishop who married him to a twelve-year-old girl.24 The bishop received a ten-year prison sentence.25
Prior to the case tried against Rudolph Kos in Dallas, Texas, many law enforcement agencies discounted
and overlooked atrocities committed by clergy and litigation was virtually unheard of. This case broke the trend, resulting in the filing of numerous suits and the changing of mindsets regarding legal actions against the church. The case against Catholic priest Rudolph Kos received the largest clergy abuse verdict in history in 1998. “The jurors had found for the plaintiffs and awarded actual and punitive damages of $119.6 million to be shared by about a dozen victims, an amount sufficient to bankrupt the Diocese of Dallas.”26 The final award was substantially less, but everyone received a clear message regarding the liability of churches. Monetary settlements paid by the Catholic Church from 1998 to 2003 for Texas totaled $31 million, higher than any other state.27
The sentiments of a large number of people at the time believed that clergy should pay for the harm they caused innocent children and that the statute of limitations should not hinder them from recovering financially for their emotional and psychological scars. After Dallas, things spiraled downward for the Catholic Church as they lost other cases filed against them. Sexual abuse cases have cost the Catholic Church in the United States alone over a billion dollars over a ten year peri-od.28 These significant payouts began with the Dallas, Texas verdict. Prior to then, recompenses were negligible.
Victims of sexual assault derive a benefit from the state handling the investigations because they do not have to expend funds for attorneys, private detective, and other investigative type expenses. The findings gathered from investigations in criminal cases can be used in future civil actions against the sexual predators. Civil suits filed against convicted sexual offenders in
Texas potentially assure a loss of personal and corporate assets. These suits filed against clergy usually link them as an employee to an employer, who negligently failed to supervise them. Recent court findings show that employers incur liability for the behavior of managers and workers and legislatures created new penalties for sexual harassment.29 This shifted some of the assignment of responsibility away from the clergy to their employers for potential recovery. Victims seek recovery from personal assets, as well as the assets of churches or denominations that regulate the activities of the accused clergy. They became aware of the potential for larger payouts by going to the governing bodies. “Although acts of sexual misconduct are committed by people – individual, not denominations or churches – it is usually the denomination or church that victims turn to for recompense.”30 Insurance companies rarely payout in these scenarios; consequently losses hit the pockets at the ministry level.
The plight of clergy sexual predators in Texas is a “lose, lose” situation. Sexual predators gamble and risk losing freedom, assets, and reputation by choosing to live in Texas. Potential losses originate from accusations and proceed through to civil actions. Unproven allegations result in loss of reputation leaving the looming question of innocence or guilt of the accused, as well as disruption in family relations. Allegations leading to conviction result in loss of liberty, constitutional rights, reputation, and disruption of family and relationships. Successful civil suits include loss of personal and church ministry assets and further erode reputation. Therefore, if clergy members have pedophilic tendencies, sexual abuse inclinations, or are convicted sexual offenders, they should keep moving because Texas is not a friendly place for them. The careless, unintentional clergy, ensnared in a sexual abuse claim, should establish and follow policies and procedures to protect vulnerabilities long before any claims arise. The laws of the state do not view them differently from the intentional sexual predators. Knowledgeable consultants are available to help ministries reduce exposure to sexual predator claims. The stakes are too high to leave to chance. “Don’t mess with Texas.” .
Rita Hoyt Jenkins is a licensed minister and Master of Divinity candidate at Houston Graduate School of Theology. She is the mother of two grown children: a daughter and a son who also reside in Houston, Texas.
