Important Recent Developments in the Area of Clergy Sexual Misconduct[dagger]

FDCC Quarterly, Winter 2006 by Radel, F Robert II, Wasmer, Kelly

I.

INTRODUCTION

Will I know him when I see him? The answer has proved to be a resounding "no." Until recently, the words "sexual predator" evoked the image of a dirty old man, dressed in a trench coat, lurking around an elementary school. Today, with ever increasing frequency, reality has demonstrated the fallacy of that image.

In reality, sexual predators occupy various positions within our local communities. They have been identified as youth ministers, day care workers, Boy Scout leaders, babysitters, camp counselors, photographers, social workers, Big Brothers, school bus drivers, and foster parents. Society has welcomed these individuals into its homes and trusted them with its children - since sexual predators occupy both genders as well.

In the media, sexual predators are commonly referred to as child molesters and pedophiles. However, not all child molesters are pedophiles and not all pedophiles are child molesters. A pedophile is an individual who prefers to have sex with children. If this person does not act out his or her sexual preference, the person is not characterized as a child molester.

Unlike pedophiles, a child molester may prefer to have sex with an adult, but for some reason determines to have sex with a child. Such reasons might include victim availability, curiosity, or an intent to hurt the loved one of a molested child.

The incidence of lawsuits filed against churches, schools, and youth groups by sexually molested victims in response to abuse perpetrated by sexual predators has increased dramatically over the past several years. Given this situation, it has become increasingly important for individuals involved in church, charitable, and educational endeavors, as well as attorneys and claims handlers (not to mention parents) to become familiar with the profile of a pedophile or sexual predator.

To that end, this article generally will identify common tendencies in their profile. More specifically, it will discuss their patterns of behavior and illustrate demonstrated techniques for gaining access to child victims. This information comprises the initial sections of the article and is derived from a behavioral analysis report prepared by Kenneth V. Lanning, formerly with the Federal Bureau of Investigations (FBI) Behavioral Sciences Unit. The article then addresses two important cases decided by the Florida Supreme Court regarding clergy sexual misconduct in conjunction with Church/State issues under the First Amendment.

II.

PREDOMINANT CHARACTERISTICS OF A PEDOPHILE

In the behavioral analysis report referenced at the outset of this article, Kenneth Lanning describes four predominant characteristics of a pedophile. These consist of: (1) a long-term and persistent pattern of behavior; (2) having children as preferred sexual objects; (3) combined with well-developed techniques in obtaining victims; and (4) sexual fantasies focusing on children.1 Lanning points out that, although each indicator holds little significance standing alone, "their significance and weight comes as they are accumulated and come to form a pattern of behavior."2

A. Long-Term and Persistent Pattern of Behavior

1. Sexual Abuse in Background

Although most victims of child sexual abuse do not become offenders, research indicates that many offenders are themselves former victims. Therefore, it is important to investigate a person's background by interviewing family members, friends, and acquaintances to determine if the individual has ever been the victim of sexual abuse and to ascertain the nature of the abuse as well, including the age of occurrence, relationship with the offender, acts performed, etc. Unfortunately, such in-depth background investigation is rarely possible when screening potential candidates for employment.

2. Limited Social Contact as Teenagers

A deviant's sexual preference for children usually begins in early adolescence. For that reason, during the teenage years, a pedophile may have exhibited little sexual interest in people of like age. Of course, as with several other indicators, that fact alone means little.

3. Prior Arrests

In many cases, predators have been previously arrested for child molestation or sexual abuse. Such an arrest record holds major relevance if the arrest goes back many years or is repeated. Interestingly, however, Lanning notes that pedophiles may have arrest records that do not appear to involve sexual abuse. These arrests might include impersonating a police officer, writing bad checks, violating child labor laws, or other indications of an interest in children and, therefore, the need for further investigation. A thorough criminal background check is necessary to elicit such prior arrests and/or convictions.

4. Frequent and Unexpected Moves

When a pedophile is identified, he or she is often "asked" to leave town by someone in authority, the parent of a victim, or an employer. This was, and still is, a common way to deal with the problem. Accordingly, pedophiles often demonstrate a pattern of living in one place for several years while gainfully employed, followed by a sudden move and change in jobs, with no apparent explanation. The pedophile usually will suggest a justification for the move but that justification is not likely to reflect the true circumstances. Most of the time, investigators will locate no "official record" to document what happened. Therefore, if possible, an investigator should attempt to contact neighbors, co-workers, and acquaintances located in the person's prior city of residence. The individual's pattern of relocation can sometimes be determined by examining a driver's license record or searching the internet.