A sexual crime, particularly one committed against a child, is a horrific thing. But when the alleged perpetrator of such misconduct is a member of the clergy, there is an even greater feeling of shock, betrayal and anger. That is because members of the clergy often hold a position of trust, particularly with regards to those of a particular religion.
Examples of Clergy Abuse
There are a few states that punish sexual misconduct by those holding a position of trust. For instance:
In Colorado, nonconsensual sexual intrusion or penetration, achieved by force, coercion, intoxication, deception or the abuse of a position of trust is considered sexual assault. A conviction for such a crime carries a penalty of four- twelve years of imprisonment, as well as a potential fine ranging from $3,000.00 to $750,000.00.
In Arkansas, when “a member of the clergy and in position of trust or authority and uses position for sexual intercourse or deviate sexual activity”, the state can level a charge of sexual assault in the third degree at the defendant. Such an offense is a felony, and carries a penalty of three to ten years of imprisonment, and a possible fine of up to $10,000.00.
But in many states, a member of the clergy accused a sexual offense will face the same charge as any other criminal defendant. Furthermore, convicted sex offenders have to register as a sex offender with the state upon their release from prison. Such a status will undoubtedly impact that person’s life, such as affecting where they can live or work, their ability to get a job, and so on. A conviction can also be used by the victim in a civil lawsuit against the offender. (Although the plaintiff in such a lawsuit still has to prove their case to the jury, a conviction for a crime can be a very persuasive piece of evidence).
The Need For a Lawyer: Defense Options
With the potential for imprisonment, monetary fines and a lifetime criminal record, a defendant facing such a charge should consider getting a criminal defense lawyer. An experienced lawyer can evaluate the strength of the state’s case, especially the witnesses, prior to trial. Based on such an evaluation, a defense lawyer can attempt to get the case dismissed, or in the event of a trial, can try to ensure an impartial jury. Likewise, in representing their client, a defense attorney can examine the background and perception of any complaining witnesses, to ascertain if their abuse actually orientated elsewhere, or if the complaining witness was somehow improperly influenced by others. Of course, a skilled defense attorney would be aware of the sensitive nature of such cases, and proceed in such a way so as to minimize the risk of alienating jurors. Finally, if the defendant is found guilty, a lawyer can still advocate on their behalf at sentencing and if need be, in pursuing an appeal.
