The church has a duty to report to the law the criminal act of child sexual abuse should it happen in her midst. This article shows that for the protection of the victim, the restoration of the offender, the honour of the church and the glory of God's Name such case must be reported. At the same time, discipline must be administered by the church, since sexual abuse is both a criminal offense and an issue of sin.

Source: Diakonia, 1991. 11 pages.

Child Sexual Abuse and the Duty to Report

Introduction🔗

Before I launch into the topic for this Office­bearers Conference, a few preliminary words are in order. In the first place, it is proper and customary for a speaker to thank his hosts whenever an invita­tion is received to speak on a certain subject; however, you will understand what I mean when I say that the nature of the matter before us makes me less than thankful and more than a little apprehensive. For indeed we are dealing with an issue that stirs-up many emotions, not a few negative reactions and a great deal of trauma and pain.

In the second place, a word of explanation is in place as to my fitness to address you on this particular issue. You all know that I am not a psychologist or psychiatrist, much less a lawyer or government official. My field of study is theology and my work is that of ministry, the ministry of the Canadian Reformed Churches. It is in this pastoral capacity that I hope to address you.

It is also in this capacity that I have had to deal with the topic of child sexual abuse on numerous occasions. I have been confronted with sexual offenders who were and are members of my congrega­tion, as well as with offenders from other congregations. I have visited them in correctional camps at Stave Lake, temporary lock-up jails like Oakalla, at maximum security prisons such as the Kent and Mountain. For the last two years I have also been visiting on a monthly basis a member of the congre­gation who resides at the Mountain Institution in Agassiz, B.C. where he is serving an indeterminate sentence.

I am also involved as a pastor and counselor in the lives of a number of members who have been victimized by sexual offenses. These women, who bear the scars of their abuse, are in need of constant support, real understanding and true biblical com­fort.

Why do I relate all this to you? Definitely not to boast about my experiences and expertise, but to enable you to understand that while I am no expert I am no stranger either to the topic before us. In addition, I am no stranger to the kind of questions and controversies that this matter of sexual abuse raises. They are many! And one of them is also before us. Which one?

Controversy – to report or not to report?🔗

It is the issue of reporting sexual offenses that are committed by members of the congregation. What is our duty as officebearers in this regard? Specifically, what is our duty in this regard over against the state which has placed a rather broad obligation to report on its citizens in general and its professionals in particular? Should we comply with this statute or should we ignore it? Should we regard such an obligation as proper and warranted or as improper and intrusive?

Such a question has vexed my mind over the past number of years and your request has forced me to focus more fully and systematically on this matter. I might also add that quite some years ago I came across a case in which a young member of my congregation was involved in molesting his younger sisters. I investigated the matter, confronted the offender in a pastoral way with a view to confession, repentance and restoration, interviewed the victims and dealt pastorally with them, saw to it that the offender was removed from the family, and insisted that both the offender and his victims receive counseling from a properly qualified Christian psy­chologist. In short, I tried to determine what my duty was in this case and I followed it through to the best of my knowledge and ability.

Nevertheless, that was not the end of the matter. For some days later the psychologist informed me that this matter would have to be reported to the Superintendent of Family and Child Service since that was a law in the Province of British Columbia. Well, I did not appreciate that! Why should I have to call in the so-called secular authorities? Why should I allow all kinds of government officials to involve themselves in this rather sensitive matter? Besides, what do they know about sin, true confession, re­pentance, forgiveness and all the rest. In short, what do they know about the Gospel, the Church and the Kingdom? To say the least, I was rather resentful of this legal imposition upon me and of what I considered to be outside interference in the exercise of my pastoral duties.

Did I comply? Yes, after further reflection, and with some muttering under my breath, I did. I went to the local Human Resources office and supplied an official there with the pertinent information. The legal process began. Sometime later at a Consistory meeting I informed the elders about what had tran­spired and told them that while I had complied in this instance I was not prepared to do so automati­cally in the future.

Now all of that happened about ten years ago, and you might wonder whether I am still of the same mind today? Do I still regard this obligation to report in a negative light? Before I answer this question, let me remind you that a lot has happened between then and now, a lot more victims, a lot more offenders, a lot more government officials, a lot more soul searching, reading, and reflection, a lot more courts and prisons, a lot more discussions with colleagues and other professionals. It has been a journey and the journey has come to a certain conclu­sion. Personally I have arrived at a definite destina­tion and answer. What is the answer? Well, come along with me on the journey.

The Bible and the Government🔗

Before one can properly come to grips with this question of reporting one first of all has to turn to the Scriptures and deal with the matter of the civil government. How does the Word view the govern­ing authorities? What does it say about the relation­ship which should exist between the state and its citizens, the church and the government?

Thankfully, there is no shortage of biblical teach­ing on this point. We have that famous chapter of Romans 13, where the apostle Paul says,

Let every person be subject to the govern­ing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore he who resists the authorities resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad. Would you have no fear of him who is in authority? Then do what is good, and you will receive his ap­proval, for he is God's servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain; he is the servant of God to execute his wrath on the wrong doer. There­fore one must be subject...Rom.13:15a

This passage places some far-reaching demands upon us in terms of subjection. It also makes abun­dantly clear that God sees Himself as intimately involved in the governing process, as well as in the status and functioning of those who govern. They receive their authority from Him; they are appointed by Him; they are answerable to Him; they are His servants; they execute His wrath. To say that God is not interested in the affairs of the state is obviously a great misconception and falsehood.

Yes, and such a conclusion is supported by other citations as well. To Timothy, Paul says,

I urge that supplications, prayers, inter­cessions, and thanksgivings be made for all men, for kings and all who are in high positions, that we may lead a quiet and peaceable life, godly and respectful in every way.1 Tim. 2:1, 2

Peter says to the exiles of the Dispersion,

Be subject for the Lord's sake to every human institution, whether it be to the emperor as supreme, or to governors as sent by him to punish those who do wrong and praise those who do right. For it is God's will that by doing right you should put to silence the ignorance of foolish men. Live as free men, yet without using your freedom as a pretext for evil; but live as servants of God. Honor all men. Love the brethren. Fear God. Honor the emperor.1 Pet. 2:13-17

These passages take the matter of our relation­ship to the government a step further in that Paul specifically enjoins Timothy to pray for those who rule. Those who govern are not viewed as great enemies but potentially as great promoters of a peaceable life. Secular rulers are thus regarded in a positive light. This is all the more astounding when we note that Peter tells us to "honor the emperor". What a command! Honour a Roman? Honour a man who clothes himself with divine titles and pretenses? Honour a man who persecutes believers? Honour a man who cares not one whit for God and His service? Yes! The function of the state maybe negative but its origin is divine and its intent is positive and there­fore all citizens, including Christians, are to be respectfully and obediently disposed to those who rule and reign.

That same point is also made in our Belgic Con­fession, Article 36 about "The Civil Government":

We believe that, because of the depravity of mankind, our gracious God has ordained kings, princes and civil officers. He wants the world to be governed by laws and policies, in order that the licentiousness of men be restrained and that everything be conducted among them in good order. For that purpose He has placed the sword in the hand of the government to punish wrongdoers and to protect those who do what is good.

And, lest we forget, there is also an article in the Church Order which deals with the "Civil Authorities" and which says in part,

As it is the office of the civil authorities to promote in every way the holy ministry, so all officebearers are in duty bound to impress dili­gently and sincerely upon the whole congregation the obedience, love, and respect which are due to the civil authorities...Art. 28 C.O.

Hence, the first stop of our journey must con­clude with a positive outlook towards the authori­ties. The fact that those who rule may not be Chris­tian, the fact that the system of government may not be Christian, and the fact that they may not rule in a Christian manner, does not do away from the injunc­tion which says that esteem, honour, obedience, prayer and the like are all called for. In this connec­tion, as Reformed confessors, we stand diametri­cally opposed to the revolutionary Anabaptists of the Reformation era who "reject the authorities and civil officers, (and) subvert justice" (Belgic Confes­sion, Art. 36).

The Church and the Crime🔗

But in spite of all this, the question still remains whether a minister or an elder coming in contact with what appears to be a case of child sexual abuse needs to report this to the authorities? Is the govern­ment not overstepping its boundaries when it makes such a law? Besides, can the matter not be better handled "in-house" so to speak? And is that not in line with what Scripture also says?

In this connection reference is often made to that well-known passage of Matt. 18:15-17 which says,

If your brother sins against you, go and tell him his fault, between you and him alone. If he listens to you, you have gained your brother. But if he does not listen, take one or two others

along with you, that every word may be con­firmed by the evidence of two or three wit­nesses. If he refuses to listen to them, tell it to the church; and if he refuses to listen even to the church, let him be to you as a Gentile and a tax collector.

Reference is also made to the words of the apos­tle Paul in 1 Cor. 6:1-8:

When one of you has a grievance against a brother, does he dare go to law before the unrighteous instead of the saints? Do you not know that the saints will judge the world? And if the world is to be judged by you, are you incompetent to try trivial cases? Do you not know that we are to judge angels? How much more matters pertaining to this life! If then you have such cases, why do you lay them before those who are least esteemed by the church? I say this to your shame. Can it be that there is no man among you wise enough to decide between members of the brotherhood, but brother goes to law against brother, and that before unbelievers? To have lawsuits at all with one another is defeat for you. Why not rather suffer wrong? Why not rather be defrauded? But you yourselves wrong and defraud, and that even your own brethren.

At first glance these references seem to give the church the advice to deal with matters of sexual abuse internally. After all, do they not refer to "faults" and "grievances"? In addition, does Paul not imply that going before the judge is "shame" and that wise men in the congregation should be used to deal with these situations?

Taking such a view and application from these passages is, however, disputable. Why? Because when it comes to cases of sexual abuse we are not dealing solely with "faults" and "grievances" within the church, but with something that the government has categorized as a crime and a violation of the criminal code.

The Canadian Criminal Code states in Section 151:

Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.

The same Code says in Article 153 (1) (a):

Every person who is in a position of trust or authority towards a young person or is a person with whom the young person is in a relationship of dependency and who (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the younger person ... is guilty of an indictable offense and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

It is now on the basis of the Criminal Code of Canada that the Family and Child Service Act of the B.C. government draws a further implication and states in Section 7. (1) "A person who has reasonable grounds to believe that a child is in need of protec­tion shall forthwith report the circumstances to the superintendent or a person designated by the super­intendent to receive such reports." In Section 7 (4) it adds, "A person who contravenes subsection (1) commits an offence."

In summary, then, sexual abuse constitutes a crime and a civil offence, and not to report a church member involved, or appearing to be involved in such a matter, places one in contravention of the law of the province. Here is a clear situation in which the state is legislating also for the church community. Is that permitted? On the basis of what we said previ­ously in reference to Rom.13; 1 Tim 2; 1 Pet. 2; the Belgic Confession and the Church Order — yes. The state has such a right.

Does this mean that the church always has to pay slavish lip service to the state? No, for in all this the principle of Acts 5:29 — "We must obey God rather than men" — plays an overriding role. Should the state pass a law stating that no parent is allowed to discipline his son or daughter, we would be com­pelled to disobey for such a law contravenes God's will. The same would apply if the state were to force the church to accept homosexuals as members in good standing. In short, the right of the state to enact laws is not unlimited and the obedience required of its citizenry is not absolute.

But, having said that, we must also say that for the church to ignore, by-pass, or disobey this law regarding the duty to report, it must be firmly con­vinced that the law conflicts with the higher will of God as revealed in Holy Scripture. But does it do that?

The Object of the Law🔗

Before we answer that question we need to go a little further on our journey and ask why the law is as it is. What is behind the stipulations of the Criminal Code of Canada and the Family and Child Service Act of B.C.? In its Inter-Ministry Child Abuse Handbook the government of the Province of B.C. gives an explanation as to why it has enacted the Family and Child Service Act.

Whenever a child has been physically or sexually abused, abandoned, or neglected, a crime has been committed ... Children depend on others for their safety and well-being and have a right to be protected from abuse and neglect. Parents are responsible for protecting their children, and intervention by the state is necessary only when this primary protection breaks down. (p.6)

And indeed, it does break down especially in our modern society. More than ever the family unit is being eroded because of the immoral climate which prevails today, because of the liberal marriage and divorce laws, because of the increased use of alcohol and drugs. The number of abused children is growing at a frightening rate and it cannot be allowed to continue without some response from the state. For the state to do nothing would be tanta­mount to a dereliction of duty.

The intent of the law is, therefore, to protect the children of the Province. And can a government which enacts such a law be deemed to be outside of its jurisdiction? Scripture talks about the govern­ment being "a terror to bad conduct" (Rom. 13:3). Article 36 of the Belgic Confession speaks about the civil authorities having as their duty to see to it "that the licentiousness of men be restrained." Also, we are all acquainted with the Lord's frequent calls to protect the orphan, the widow and the sojourner in the Old Testament. We know too that the Seventh Commandment has a direct bearing on the kind of sins that come under the heading of sexual abuse.

And have no doubts about it, they are serious sins. Child sexual abuse is no minor matter. Of course a child's reaction to abuse will vary depend­ing on a number of factors:

the child's age and developmental status; the child's personality and general level of adjustment; the nature and the type of the offence; the relationship of the offender to the child; the frequency and duration of the abuse; the degree of felt shame or guilt; the type of threats used to maintain secrecy; and the reaction of the parents when the sexual activity is discovered.Martin, p.152-153

But make no mistake about it, the scars will be there. I see them and deal with them as I minister to the needs of congregation members who have been victimized as children and who as adults have to deal with feelings of shame, betrayal, fear, distrust, hatred, anger, alienation, and guilt. I see it in their marriages which are often sexually dysfunc­tional. I see it in their moods which are characterized by depression and suicidal thoughts. I see it in their escapes to alcohol and unnatural behaviour patterns. There is something about sexual abuse that goes to the core of a person's being, attacks their very existence and has the potential to utterly distort their personality. It is an insidious offence and a deed of farreaching consequence. As much as it is hu­manely possible, children need to be protected from this.

A corollary to this is that the church must be sure that in its ministry it recognizes the seriousness of this offence, deals with the victims in its midst in a manner that accepts their credibility, extends under­standing, love and moral support, offers spiritual help and whatever other assistance is needed. This may seem to you to be an obvious truth; however, evidence indicates that it is not so. Strange as it may sound, it is often the offenders who receive more sympathy and help than the victims. Can it be that they are being blamed unwittingly for upsetting our comfort zone and forcing us to deal with often ugly matters?

In saying all this, I have, as you may have sensed by now, come to the conclusion that the state is not overstepping its boundaries when it makes the reporting of sexual offenses a legal duty, also for the church.

The Offender and the Church🔗

Nevertheless, our journey, while having reached a certain point, is not over. For what about the offender? How is he (or she) best dealt with by the church? As previously mentioned, there are some who believe that when sexual abuse is discovered in the church it is best dealt with "in-house". Such a reaction is understandable. After all, why should a pastor who is either informed about such activity or who stumbles upon it accidentally, break the rule of confidentiality, go to the authorities who are not Christian and who do not understand the dynamics of the faith, and allow them to interfere in the func­tioning of the church and its officebearers?

At first glance, then, there appear to be many reasons as to why not to involve the state. Nevertheless, as I have said, further reflection should lead to a different conclusion. I have already mentioned our Reformed view of the civil government, the criminal nature of the offence, and the damage that results from these offences. There are other factors that come into play as well. As one author puts it,

When deliberating (on) the question of confidentiality, the pastor should keep in mind the following factors surrounding child sexual abuse: Incest offenders will re-offend unless they get specialized treatment. Offenders against children minimize, lie, deny their abusive behavior. Offenders cannot follow through on their good intentions or genu­ine remorse without help from the outside .Treatment of offenders can be effective when it is ordered and monitored by the courts. The secret of the child's abuse must be broken in order to get help to the victim and offender. (p.202)

Another author, who has worked extensively with churches and clergy in both B.C. and Washington, says,

I believe it is the moral obligation of the clergy to report ... this important responsibility should be taken seriously because of the following reasons:

a) that in the case of sexual abuse or sexual assault, a crime has been committed;

b)that the victim, the offender, and the representative family (s) can maximize the investigative, legal, and social service resources available only when a case is re­ported;

c) that offenders will almost never seek help on their own; and (d) that the threat of or an actual prosecution is often the only means available to force the offender into treatment or pull him out of the community for its protection.D. Mitchell Whitman, p.11-12

He adds,

what is known about the deceptiveness of the sexual offender provides a significant warning to the clergyman who might make well-intended decisions based upon the confessions and promises such as 'It will never happen again,' by the contrite offender. Repentance should be tangibly demonstrated in most, if not all, of the following ways:

a) admitting to at least the offense he is charged /accused of;

b) agreeing to come under the authority and discipline of church leadership;

c) going in for a sexual offender evaluation;

d) seeking out and entering treatment with a reputable sexual offender therapist or treatment program;

e) declining to take a victim to court to 'prove his innocence'...;

f) a demonstrated willingness to sign exchange of information releases between the clergy and the case management professionals;

g) show­ing financial responsibility toward his victim(s), fam­ily, and for himself with regard to medical care, therapy, etc.,; and

h) staying completely away from any potential victims.p.12

Report and Support🔗

What these recommendations come down to is that the officebearers of the church have a dual duty: to report and to support. At first sight these two duties may appear to be almost mutually exclusive. If you report an offender to the authorities are you not doing the opposite of supporting? Are you not, in the popular way of speaking, "finking on him" and writing him off? The answer to this question is that such initial reactions are deceiving. If a refusal to report means that the matter of the offender's sinful conduct will never be fully and completely dealt with, then reporting is not a disservice but the very opposite. Its intent is not to write off the offender but to confront him with his sin with a view to his repentance, forgiveness, restoration and heal­ing. The offender is not served by attempts to spare him the real consequences of his deeds.

As a result, reporting and supporting do not cancel each other out. Reporting is in itself a form of support already. It is saying to the offender,

As difficult as it may be you must come to grips with your offence. As long as you do not see it as a crime and as a sin, you will not come to the place of repentance. Your pleas for forgiveness will remain superficial. Without outside help you will go on and on in this wicked way. Brother, face the conse­quences of your sins squarely for there is healing through that.

I believe that it is important for us to realize that when it comes to the matter of reporting, the church and the state must work in tandem. It is not a matter of the church versus the state, but a matter of the church and the state working on this matter to­gether. To cite an example, if a congregation mem­ber comes to me and confesses that he has robbed a bank, what am I to do? As his pastor, I have a calling to examine whether or not he recognizes his sin, openly confesses it, wants forgiveness and will make restitution for it. But the case does not stop there. The brother's confession does not end the matter and allow me to sweep it under the rug of pastoral confidentiality. No, after he has confessed, it is my duty to inform him that part of the process of resto­ration and restitution involves surrendering oneself to the authorities and placing oneself before the mercy of the court. Justice must be done. If he refu­ses to do so, it is then my duty to go to the authorities and report him. Why? Because he has committed a crime and because he must be confronted with his wrongdoing in the fullest way in order that real repentance may be forthcoming. Our basic purpose in all this must be the sinner's restoration. To expel him, to dismiss him, to label him, to sit in judgment over him, is not the aim.

At the same time it is important to realize that, unlike the just mentioned example, the sexual offender rarely admits either to himself or to anyone else that he has a problem. Furthermore, it is neces­sary to state that very often the victims will not come forward voluntarily either. They have either buried the matter deep inside or they feel too much shame to speak about it. More often than not the problem comes to light because of certain unusual behaviour patterns, or a slip of the tongue, or a pregnancy.

Naturally, there are all kinds of scenarios that come to mind when one discusses this matter of reporting and we cannot deal with all of them. But consider for a moment a different situation in which a pastor is presented with allegations of child sexual abuse that have been and are being committed by a certain brother in the congregation. How must he handle such allegations? Obviously, he must do so with great care. He must not be rushed or stam­peded into a judgment call, but receive the time to reflect and decided on how to proceed. After all, children may be at risk, a man's reputation is at stake and the welfare of his family must be considered, as well as the impact on the church community. I am not saying thereby that this should prevent us from acting in the sense of reporting, but I am saying that we must proceed with care, convinced that the allegations made are of a serious and substantive nature and that, if proven, place his own children, his students or other children in danger.

Should a suspected offender first be confronted by his pastor or by the elders? There are mixed reviews on that one. On the one hand, there is the common view that Matt.18, as well as openness and honesty, require that the brother be confronted and allowed to deny or confess. On the other hand, there is the view that such a course of action is neither wise nor necessary. For what reason? A number of different ones come to mind. For one, what we are dealing with here is not an inter-personal dispute between brothers in the faith, but with a crime and legal offense, hence the application of Matt. 18 is doubtful. For another, it is an almost foregone as­sumption — if you listen to the experts — that the suspect will either deny or minimize his offenses, and what then? Are you going to accept his denial and put the matter to rest, or report it anyway? Also, if you take him aside and question him before you report, you may very well be giving him, if he is guilty, the time and opportunity to apply undue pressure on his victims so that they either withdraw their charges  or deny them altogether. For another, if he confesses to the church and admits his guilt does that not compromise his legal position in that he may incriminate himself without realizing his lawful rights?

All of these factors, and more, would suggest that the best course of action is to report and let the authorities evaluate the truthfulness of the charges. During the investigation you cart be as supportive as possible and should charges be laid and conviction result, the matter can then be fully addressed in a pastoral way.

Confidentiality🔗

It should also be added at this point that in all cases reporting is something which is dealt with confidentially by the authorities. They are legally required to handle these matters in that way. In addition, reporting does not always mean that charges will be laid.

In the case that I mentioned earlier of the young man molesting his sisters, I reported the matter. What happened then? I was interviewed by the Royal Canadian Mounted Police (RCMP) and by an official from the Ministry of Human Resources. The family members who had been abused were inter­viewed and assessed. The parents were visited. Fi­nally, the young man was dealt with. The result? No charges were filed because of the type of abuse, the counseling program in which the offender was in­volved, the separation of the offender from the home, and the age of the offender. Thankfully I may report that the young man has addressed his problems and is today a respected member of the church.

Another thing that is worth mentioning is that the authorities handled this matter in a very professional and confidential manner. Despite my initial misgivings I came to appreciate their approach and sensitivity. Over the years I have spoken to a number of colleagues dealing with similar situations and they have had similar experiences. As a result, it can be said that the duty to report does not mean that the authorities will go on a witch-hunt, make allegations to the press and handle members insensitively. Rather, they are required to investigate the allega­tions received carefully and professionally and to see whether or not there is any substance to them. If the evidence points to a crime having been commit­ted, the RCMP will recommend that charges be laid. If there is no substance to the allegations, or the evidence is insufficient, the matter will not be pur­sued further nor made public.

The Community🔗

Many cases which are reported and investigated by the authorities never become public knowledge. If there is governmental confidentiality, if the sus­pected offender and the suspected victims do not talk about the matter, if no charges are filed, the matter will not come to the attention of the broader community. Normally, the community only be­comes aware of the matter when charges are filed and a person has to go before the courts. The same applies to a person in a position of trust like a teacher, doctor or pastor, who is accused of sexual offences and who denies the charges. He is normally not suspended and his name revealed to the public until after an investigation has been concluded and the crown decides to lay charges. Even at that point the person is not fired, but is suspended. He is governed by the legal maxim: "Innocent until proven guilty."

Needless to say that is the general approach and there are exceptions to it. One example: if a person in a position of trust is confronted with allegations of abuse and confesses to them (a rare reaction, by the way!), he has no alternative but to resign his posi­tion. In addition, he must surrender himself to the authorities and await the judgment of the courts. In such a situation it is obvious that a public announce­ment will have to be made.

Naturally, such a public announcement is trau­matic for the victims and their families, for the of­fender and his family, for the whole community. But there may be no other way out. The protection of the children of the community, the cause of justice, the well-being of the victims and the restoration of the offender, are all factors that play a role.

The Church Community🔗

Yet if this kind of development has an impact on the broader community, it has usually an even greater impact on the church if the victims, or the offender, or both, are among its members. Such an impact also accounts for the automatic desire to keep the matter internalized and to deal with it as minister and elders. But such an approach is of no avail and I would warn you once more against that.

Imagine for a moment that a case of sexual abuse comes to your attention as a Consistory and you decide to deal with it yourself. What would you be doing? Legally you would be acting in violation of the law. If so, can you prove that the law is unbiblical and are you willing to shoulder the consequences of civil disobedience? Furthermore, you must be con­vinced that you are able to deal with both the victim(s) and offender in an competent and professional manner. Are you able to do that? Are you equipped to do that? Do you know how to deal with all the hurt and shame of the victim? Do you know how to help her become whole again? Are you able to assess and assist the offender to true repentance and proper functioning? I have yet to meet a Consistory or local Church which is so equipped, trained and compe­tent.

But, in spite of all this, let us assume that you still decide to take care of the matter yourself and in the process ask for help from one or more outside professional counselors. What will be the result? The moment that they become involved in the case, they will feel compelled to report it to the state. In short, there is no way out. Dealing with the matter inter­nally, meaning almost always — superficially, is no way out. It will merely delay the day of reckoning and make that day a great embarrassment for the church. In summary, there is no real way around the duty to report.

Sometime in the Fraser Valley my colleagues and I had a discussion on precisely this point and we came to the conclusion, after consulting any number of people involved in these situations: lawyers, po­licemen, counselors, that there will be no real healing in the lives of victims and offenders alike unless these matters are completely addressed. We are therefore determined and committed to comply fully with the law. When a case of past or present abuse involving children is brought to our attention, we shall report it and those involved — victims and of­fender alike — shall be supported in an appropriate biblical manner through pastoral visitation and pro­fessional counseling. We believe that this is the only route to addressing this type of sinful and criminal activity properly and decisively

In the case of an adult who was victimized as a child, it is best if the victim himself or herself contacts the civil authorities and reports the offense. Experience shows that at first most adult victims are very reluctant to do this. However, it also shows that after some time of wrestling with these matters and trying to put them to rest by themselves, that there is no real way out and back except to allow justice to run its full course and hence to report the crime.

This is also, one should add, the only way that the church keeps its reputation intact in a fallen world. And that too is important! The apostle Peter, inspired by the Spirit, writes,

Maintain good con­duct among the Gentiles, so that in case they speak against you as wrongdoers, they may see your good deeds and glorify God on the day of visitation.1 Pet.2:12

The Church Order says,

They (the officebearers) shall set a good example to the whole congregation in this matter, and endeavour by due respect and communication to secure and retain the favour of the authorities towards the Church, so that the Church of Christ may lead a quiet and peaceable life, godly and respectful in every way.Art. 28

Truly, in this complex matter before us there are a large number of very vital and vexing issues at stake: the protection of our children, the healing of the victims, the restoration of the offender, the ho­nour of the Church and the glory of our God. To handle all of them wisely and compassionately will require much prayer, deep reflection, great under­standing, and continued reliance on the Word of the Spirit. To this end may the Lord graciously grant each and every one of us His help!

My journey has come to an end. I trust that I have not lost you along the way. I hope as well that the road has not been too bumpy and disagreeable. If so, perhaps we can smooth it out in the discussion and so come to a fitting finale.

Protocol for Officebearers Dealing with Complaints of Child Sexual Abuse🔗

If a pastor, elder or deacon is approached by a person claiming that a congregation member is sexually abusing a child/children:

  1. The officebearer should without further dis­cussion with the complainant or any other per­sons, contact the police and/or the family serv­ices office. The police or family services officer should interview the complainant in person immediately. The officer will determine whether the accusation is credible and whether further action is necessary.
     
  2. No investigation should be done by the officebearer as it will interfere with the legal process.
     
  3. The complainant should be strongly ad­vised to keep these matters confidential, since leaked information will hurt the child and dam­age, perhaps wrongly, the accused's reputa­tion.
     
  4. The pastor, together with an elder, should make the accused aware that a complaint has been received and reported, that confidentiality should be maintained and that legal counsel should be obtained.
     
  5. If charges are laid, the matter should be reported to the Consistory by the officebearer and the member should be suspended from the use of the sacraments until the legal proceed­ings have been completed and there is evidence of real amendment of life. (Articles 67, 69, Church Order).

Further Notes:🔗

  1. When allegations of abuse are received office­bearers often become involved in matters of investi­gation and evaluation. Such involvement should be avoided since the officebearer is neither judge nor investigator. In addition, there is a high likelihood that the officebearer will end-up complicating the matter and undermining the legal rights of the ac­cused.
     
  2. When a report of child sexual abuse is re­ceived, deal with it seriously since most reports of abuse are valid.
     
  3. In the case of teachers in our Christian schools being accused of sexually abusing students, it is the task of the principal to report these matters to the civil authorities and not the church or its office­bearers. Knowledge of such reporting should re­main confined to the principal and the school chair­man. They shall urge the teacher to obtain legal counsel. If the authorities deem that the charges are of such a nature that the well-being of other students is at risk, the Board should be informed and the teacher suspended. Suspension with pay should continue until the legal process has been completed.

Bibliography

  • Allender, D.B. The Wounded Heart: Hope for Adult Victims of Childhood Sexual Abuse. Colorado Springs: Navpress, 1990.
  • Carnes, P. Out of the Shadows: Understanding Sexual Addiction. Minneapolis: Compcare Publishers, 1983.
  • Frank, J. A Door of Hope: Recognizing and Resolving the Pains of Your Past. San Bernadino: Here's Life Pub­lishers, 1987.
  • Hancock, M. and K.B. Mains. Child Sexual Abuse: A Hope for Healing. Wheaton: Shaw, 1987.
  • Heitritter, L. and J. Vought. Helping Victims of Sexual Abuse. Minneapolis: Bethany House, 1989.
  • Herringer, B.M. and S. Rivkin, Child Sexual Abuse: Victim Support Worker Handbook. Vancouver: Justice Institute of BC, no date.
  • Ministry of Social Services and Housing, Inter-Min­istry Child Abuse Handbook. Victoria: Province of BC, 1985.
  • Whitman, D.M. Child Sexual Abuse: A Teaching Manual for Clergy and other Christian Leaders. (privately pub­lished), 1988.

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