1. Beyond Background Checks: Protecting Our Children and Church
Frank Sommerville / Paula Burns

2. #1 Reason for Church Litigation
Over the last 30 years churches have learned that there are individuals in their congregation that will abuse children.
Policies & procedures have been implemented to reduce the risk:
Such as “2 Adult Rule”
Background Screening
Staff Training
Volunteer Training, etc.

3. Identifying Potential Abusers/ Victims
Common characteristics identify potential “abusers” and potential “victims.”
By identifying the abusers before they abuse, the church can intervene to prevent abuse before it begins.
By identifying potential victims that are more vulnerable to abusers, the church can marshal resources to help.

4. Identifying Potential Abusers/ Victims
Back in 1988 my attention was focused on this issue by a course offered by first American Bar Assoc.
References & statistics will substantiate the magnitude of the problem and help to understand common characteristics to look for.
Suggestions are based on both the empirical data as well as my 30 years of experience.

5. Identifying Potential Abusers/ Victims
Don’t misuse information to harm innocent individuals. The characteristics we will review are general.
Use this to identify broad categories of higher risk.

6. What the Statistics Tell Us
Average abuser has an average of 200 to 400 victims before being caught, if ever.
Vast majority of offenders do not get caught / no criminal record.
FBI claims 9 out of 10 victims of sexual abuse do not report!
Relying on just background checks fall short.

7. What the Statistics Tell Us
Abusers range from 8 to over 80
Come from all occupations and economic levels
Racial profile is similar to the general population
Marital status is similar to the general population

8. Abusers / Common Characteristics
About 93% claim to be religious
Most studies show above 90% of abusers are male
Most are easy to like and this makes it easy for them to “groom” victims
Don’t misunderstand me. Most men serve the church honorably and are willing to serve under structure and support
A person unwilling to serve under accountability should not serve under any circumstances

9. Abusers / Common Characteristics
Common Characteristics Continued:
No emotional intimacy
Porn is a major factor
No responsibility for their actions
Expert at rationalization
Controlling personality
Expert helpers
Stress creates opportunities to gain trust
Easy access – 95% abuse is a family member or in the family’s social circle

10. Victims / Common Characteristics
Female victims
Under the age of 18 are sexually assaulted more than adults
Ages of 12 – 17 are 2.3 times more likely to be assaulted
92% of victims between 12 – 17 are female
Comes from foster home or single-parent home where girl has little or no emotional connection to father
These girls crave male attention

11. Victims / Common Characteristics
Male victims
Vulnerable at younger ages between 7 – 13
Don’t fit into groups easily
People pleasers and take rejection by peer groups seriously
Often victims of bullying
Low self esteem and described as “needy”
Shy and withdrawn with typically more mental issues than other children
Victims are more susceptible to additions, drugs, alcohol, sex and foods

12. Grooming
Grooming is the process the abuser uses to gain access to victims
The process can take months
Abuser will begin by complementing the victim and expressing approval
Buy gifts or offer to reward for good grades
Become victim’s friend and work on building self esteem
Have adult like conversations with victim

13. Grooming Builds trust relationship with parents
Parent is grateful there is a father type figure in child’s life
Gradually abuser will separate the victim from the group and parents more frequently to engage in wrongful behavior

14. Suggestions / Prevention
Parents must learn the warning signs!
The church can provide this education
For the parents of teen girls:
Offer classes for parents and teens for the profile age between who come from the typical profile single parent or foster home
Assist in developing appropriate mentor relationships with these girls and parents/ the mentors should be women
Educate that 95 percent of abusers come from family members or close friends
Educate on the characteristics of the abuser

15. Suggestions / Prevention
For the parents of teen girls, continued:
Parents should implement the “two adult rule” for when they are not present
Teach the children that they should never be alone with an adult
This rule applies even if they need a ride
Educate on grooming practices of abusers
Teach their teen when someone is complimenting them inappropriately
Girls should not accept gifts from adult males without advance permission from parent

16. Suggestions / Prevention
Parents of teen girls, continued:
Instruct teens not to text adult males or send photos
Set their social media settings to “Private” and parents should have access to all social media accounts
Parents can install monitoring software (key logging software) on daughter’s cell phone
Many abusers have been thwarted by alert parents monitoring their teen’s texts and s

17. Suggestions / Prevention
For Parents of Boys:
Church should educate parents of boys between 7-13 years of age
Identifying boys raised by single parents and in foster homes
Help develop and offer mentorship relationships for the parent and the boy
Since 95% of the abusers are family members or in the close circle of friends, help identify individuals perceived as having the potential to become abusers

18. Suggestions / Prevention
For the parents of boys, continued:
Help parents establish healthy boundaries or rules for the boy’s adult male relationships
Implement the “two adult rule” when the parent is not present
Overnight stays away from parents are risky
Teach parents how to spot a sexual predator and how to help parent and child make good choices. Teach both about grooming by abusers
Parents needs to pay close attention to adult male relationships with their child

19. Insuring Abuse Risk
Insurance carriers will not provide higher limits of coverage unless a good written Child Protection / Sexual Misconduct Policy is in place.
I recommend at a minimum $1,000,000 limit of coverage. Normally defense costs are “inside” the limit of coverage thereby diluting your limit available to settle. Ask your agent to quote it under Umbrella.

20. Components of Abuse Policy
Components of a written Sexual Misconduct / Child Protection Policy: ( proactive side)
“Two Adult” rule
6 month waiting period ( some carriers will require, others will not)
Background checks
Reference checks
Release signed (References will talk when they have privilege)
Written application – red flags???
Personal interview – why do you want to work with children. (discernment)

21. Reference Checks Regarding reference checks:
Churches needs to invest more time and money on screening.
Criminal background checks only include abuse that has been reported
Check references for the previous 5 years
Include all churches they have attended over that period
Include individuals who have had a close friendship with the applicant
If any individual or church does not respond then disqualify that applicant from working with children

22. Reference Checks Reference questions to ask:
Would you be willing to have this person serve in your church in this role?
Has anyone at your church expressed concern about this person?
Are you aware of any instances where the applicant failed to follow the church’s rules?
Does the applicant take responsibility for his/her actions?
Does the applicant need to take control of relationships?
How would you rate the applicant’s marriage?

23. Components of Abuse Policy
The second part of the abuse policy is the response plan: (reactive side)
We have an allegation…. now what do we do?
This needs to be clearly laid out for the staff:
During a crisis is not the time to figure this part out
Recommend a check list format be included as well – very helpful in time of stress
How do we respond to the press, etc.
What do we do if this is a staff member, volunteer, etc.

24. Defending an Abuse Claim
Insurance does not cover a criminal act. This exclusion is in every insurance policy
Sexual misconduct is a criminal act therefore the accused is NOT going to be defended: some minimal defense coverage may be available… let me stress very minimal and “may” depending on the insurance carrier:
For Ex: Hanover offers $150,000 in innocent party defense, if endorsed and meets the policy cov. trigger
Philadelphia offers limited defense coverage “IF” the endorsement is on the policy. Very rare I come across it actually on a policy I review on audits

25. Defending an Abuse Claim
As a rule of thumb the organization is defended, not the accused
This puts the best defense an accused can have at the mercy of their witness.
Witness:
Is it another teen? How good of a witness will they be? Peer pressure, etc.
Is it a camera only that is your witness? How about blind spots.
Best witness is another adult who is NOT your spouse!

26. Home Groups / Discussion
“Two Adult Rule” comes into play here
Discuss
Home Groups:
Neighbor’s child Susie Q is keeping kids in upstairs bedroom example.
Church not following own policy
Procedures break down off site
How are we picking the site of our home groups?

27. Proactive Culture Goal
Two goals:
For the church to identify potential abusers before the abuse has occurred, then our children have a better chance of being safe at church.
For the church to teach parents about the characteristics of potential abusers, then the church is equipping parents to be the first line of defense against abuse.