A confidential seven figure settlement has been obtained in a sexual battery and negligent hiring case against a church and its senior pastor for the rape of a 16-year-old female parishioner by the church’s music minister who had a prior criminal conviction for a sex offense against a minor, according to a press release from the Irvine, California litigation firm of Brown & Charbonneau, LLP. The press release is available at http://www.prweb.com/releases/prweb2013/5/prweb10761878.htm.
According to the press release, the victim – “Jane Doe” – alleged sexual battery, false imprisonment, and intentional infliction of emotional distress against the perpetrator in a complaint filed in Riverside County Superior Court. The victim also alleged negligence; negligent failure to warn, train, or educate the plaintiff; negligence supervision; negligent hiring and retention; breach of fiduciary duty; fraud; and infliction of emotional distress against the defendant church and defendant senior pastor.
The press release states the perpetrator of the rape of Jane Doe was arrested on felony criminal charges for sexual intercourse and lewd acts against a female minor parishioner from another church in 2008 after being hired by the defendant church a year earlier. After serving jail time for violating his probation terms in 2009, he was again hired by the defendant church at the insistence of its senior pastor. In April of 2011, the perpetrator picked Jane Doe up from school and sexually assaulted her at his apartment.
According to the press release, the perpetrator was arrested, pleaded guilty to the charges, and was sentenced to prison and required to register as a sex offender. After filing suit in August 2011, Jane Doe received permission from the Court to allege punitive damages against the church and its senior pastor. The senior pastor and church avoided a trial by agreeing to settle the case against them four months prior to trial. By agreement, the terms of the settlement are confidential.
In his book ‘The Safe Hiring Manual,’ Attorney Lester Rosen, Founder and CEO of background check firm Employment Screening Resources® (ESR), explains the importance of faith based institutions performing background checks:
“Unfortunately in today’s world, the fact remains that sex offenders and deviants exploit volunteer, youth, and faith-based organizations to gain access to potential victims. Doing background checks help protect children and the vulnerable from criminals. The good news is over the past few years, there has been a substantial increase in volunteer groups, youth organizations, and churches performing background checks. Checks for criminal records have become standard procedures for organizations like the Little League or Scouts. The increased emphasis on these checks has been fueled by numerous news stories and lawsuits about children being the victim of criminal conduct, especially sexual abuse. The whole issue of exploitation of children received national attention in 2011 with the allegations of sexual abuse inside athletic facilities at Penn State.”
Rosen explains there are numerous organizations involved with helping youth that rely in large part on volunteers who will have extensive contacts with young people in a variety of situations. These include:
- Faith-based organizations.
- Youth Sports Leagues (Little League, youth soccer, etc.).
- Youth organization’s (Boy Scouts and Girl Scouts or Big Brothers and Big Sisters).
- Volunteer groups that work with youth at risk.
- Sporting associations with youth training.
- Camps and other similar organizations designed for children.
Employment Screening Resources® (ESR) – ‘The Background Check Authority®’ – is a nationwide background screening provider accredited by The National Association of Professional Background Screeners (NAPBS®). For more information about ESR, visit http://www.esrcheck.com/ or call 888.999.4474. For more information about ‘The Safe Hiring Manual’ by ESR Founder and CEO Attorney Lester Rosen, visit http://www.esrcheck.com/SafeHiringManual.php.
About Employment Screening Resources® (ESR):
Founded by safe hiring expert Attorney Les Rosen in 1997, Employment Screening Resources® (ESR) – ‘The Background Check Authority®’– provides accurate and actionable information that empowers employers to make informed hiring decisions for the benefit of their organizations, employees, and the public. CEO Rosen literally wrote the book on background checks with “The Safe Hiring Manual” and ESR is accredited by The National Association of Professional Background Screeners (NAPBS), a distinction held by a small percent of screening firms. Employers choosing ESR know they have selected an agency meeting the highest industry standards. To learn more about ESR, visit http://www.esrcheck.com or call toll free 888.999.4474.
About ESR News:
The Employment Screening Resources® (ESR) News blog – ESR News – provides employment screening information for employers, recruiters, and jobseekers on a variety of topics including credit reports, criminal records, data privacy, discrimination, E-Verify, jobs reports, legal updates, negligent hiring, workplace violence, and use of search engines and social network sites for background checks. For more information about ESR News or to send comments or questions, please email ESR News Editor Thomas Ahearn at [email protected]. To subscribe to the ESR News Blog Feed, visit http://www.esrcheck.com/wordpress/feed/. To subscribe to the complimentary ESRcheck Report monthly newsletter, please visit http://www.esrcheck.com/Newsletter/.