Sexual abuse and assault by members of the clergy remains a problem throughout the country and around the world. Georgia is no exception. As a result, the state tends to treat allegations of sexual misconduct as serious concerns.
In fact, the testimony of a former student athlete at a Christian university in Georgia helped to inspire unanimous support by the Georgia legislature for a new law signed this May by Gov. Brian Kemp. The woman alleges that a former official at the university repeatedly sexually assaulted her as part of “ministering” to her, telling her, “This is God’s will for you.”
What does the law say?
The law broadens the definition of sexual abuse by members of the clergy to include “improper sexual contact…while in a pastoral counseling or spiritual authority relationship with the victim…by means of undue influence, coercion, harassment, duress, deception, false representation, false pretense, or intimidation….” It also eliminates consent by the alleged victim as a defense by those accused of sexual abuse under this law.
A “pastoral counseling or spiritual authority relationship” is defined under the law as one where the clergy member provides “spiritual guidance, pastoral care, religious instruction, confession, mentoring, or emotional or spiritual support in circumstances where a reasonable person would view the clergy member as exercising influence, trust, or authority over another person’s spiritual, emotional, or personal well-being.”
Conviction can carry serious penalties
Violation of the law can bring various degrees of criminal charges. A first-degree offense “knowingly engages in sexually explicit conduct with the victim. This can carry a prison sentence of up to 25 years and a $100,000. A second-degree offense involves “sexual contact, excluding sexually explicit conduct.” The consequences increase with multiple convictions. It should be noted that there is a statute of limitations of 15 years for reporting any clergy sexual misconduct from the date it occurred.
The new law is intended to sharpen the boundaries around what kind of behavior is and is not legal in these sensitive and critical relationships between clergy and those who seek guidance from them. It applies to clergy members of all religions and denominations.
Of course, these relationships can be complicated and involve strong emotions and potentially mixed messages. Anyone who is facing a criminal charge under this law should get experienced legal guidance as early as possible to protect their rights and their future, given that the state is likely to try and mount an aggressive approach to prosecution.