Sex-Abuse Lawsuit Filed Against Mormon Church

[frank_jessop]

And how would the bishop know about the missionary's history? Do bishops get such information or the mission president's?

As already stated, I do not think a Bishop gets any information.

However, as the article states the Bishop tried to get the Missionary placed elsewhere. A Bishop calling the mission office or his Stake President about a disobedient or otherwise disruptive missionary is within the realm of possibilities in my book.

[cdowis]

I think the legal argument is modeling itself after the situation in the RCC where the local authorities transferred priests to other areas rather than dealing with the issue.  It will be interesting whether the judge/ jury will be influenced by the incidents in the RCC and understand the differences between the two.  

 

At that time the church had not procedures and resources to handle such situations as they do today.

[Storm Rider]

As already stated, I do not think a Bishop gets any information.

However, as the article states the Bishop tried to get the Missionary placed elsewhere. A Bishop calling the mission office or his Stake President about a disobedient or otherwise disruptive missionary is within the realm of possibilities in my book.

 

Absolutely, but these caliber of problems would have produced severe repercussions for the missionary involved.  It really depends on what the bishop knew.  Further, given the degree of knowledge of the bishop, if the missionary was not immediately sent home he would have been placed with a missionary that would have been recognized as a quality individual and more focused on serving people.  Going to movies, leaving the apartment late at night, hanging out in a mall would not have been done or easily accomplished.  

[Calm]

If the missionary lived close to the girl and his companion was a sound sleeper, isn't it in the realm of possibility that his companion had no knowledge of that though the hanging out in the malls and going to movies makes it sound like the companion at that time (if it was only one) didn't care for the rules either. I ask this as someone who could get up and walk the halls at night, turn on the TV and cook myself a three course meal and then clean the house top to bottom minus vacuuming without my husband showing the least awareness of it.

If the rape occurred at night when the missionary is supposed to be at home, would that in most cases render the Church not liable or would the full time nature of missionaries (always expected to be living according to Church's guidelines) increase liability? Anyone want to play lawyer?

[frank_jessop]

If the rape occurred at night when the missionary is supposed to be at home, would that in most cases render the Church not liable or would the full time nature of missionaries (always expected to be living according to Church's guidelines) increase liability? Anyone want to play lawyer?

If the case is not without merit, and procedural rules would not have the case dismissed; I believe the Church would want to know if it happened when the missionary was sneaking out. Vicarious Liability or respondeant superior would be less likely to apply depending on the jurisdiction; for instance Oregon has created a different vicarious liability test when clergy are involved.