Citation

Greene RDV. J. Relig. Abuse 2002; 3(1): 93-117.

Copyright

(Copyright © 2002, Informa - Taylor and Francis Group)

DOI

10.1300/J154v03n01_06

PMID

unavailable

Abstract

A leader of a religious body who learns in confidence that a parishioner is a victim of domestic violence ought to have a moral responsibility to seek to protect the victim. If, however, the religious leader's inaction or unhelpful counsel allows the abuse to continue, can the leader be subject to civil liability? This article examines potential causes of action for clergy liability, psychologist liability, and church liability. Primarily because of the First Amendment's protection of the free exercise of religion, any such claim against the religious leader would be unlikely to state a valid cause of action. Therefore, this article concludes that, in view of the free exercise of religion, the ideal solution is not to focus on civil liability for negligent counsel, but to insure that religious leaders are properly educated regarding domestic violence prior to giving counsel.