In determining whether sexual questioning is considered sexual abuse, we first have to ask what qualifies as sexual abuse. Sexual abuse is, in general terms, abusive sexual behavior of one person towards another who either did not consent or is unable to consent. Sexual abuse is a term generally describing inappropriate sexual acts or conduct towards children.
Children are not able to give consent to a sex act, and this remains legally the case in the U.S. until the child reaches later teenage years, between 16 to 18 years old. Sexual abuse is an umbrella term and can include multiple sexual actions, such as touching or watching sexual activity. Sexually abusing a minor child is a criminal offense.
According to the Rape, Abuse and Incest National Network (RAINN), child sexual abuse does not necessarily have to include any physical contact between the abuser and their victim. The RAINN states that any sexual conduct that causes harm to a child’s “mental, emotional, or physical welfare” can potentially be child abuse.
Therefore, emotionally or verbally exposing a child to inappropriate sexual subjects, such as aggressive sexual questioning, may qualify as sexual abuse. This can be especially true if the sexual questioning causes emotional distress to the child or introduces the child to questionable sexual subjects beyond their years.
What Sexual Questioning Is
It has come to light that some Mormon Church officials, in an effort to ensure sexual purity, question children extensively on sexual subjects. This can include probing questions on sexual thoughts, masturbation, and others. These questions are meant to ensure that children remain chaste and follow the strict church rules regarding sexual purity.
The
reports that a group of parents alleged in a petition set up by a former bishop of the Mormon Church that these interviews are happening to children as young as 10 years old. Moreover, the questions are typically asked behind closed doors by an older man alone with the child, which in itself can be problematic.
The petition also alleges that the Church officials conducting these interviews do not have sufficient psychological training. Sexual questioning reportedly occurs without asking for permission from the parents. The petition also lists several detrimental consequences that this inappropriate sexual questioning has had on the petitioners’ children, including:
- Suicidal thoughts
- Suicide attempts
- Feelings of guilt and shame
- Sexual abuse
- Self-loathing
The Mormon Church’s Stance
The Mormon Church maintains that interviews or sexual questioning are an integral part of ministering to congregation members. A spokesman also stated that leaders receive instruction and training. The Church maintains the usefulness and propriety of such interviews, stating that a bishop meets with a young person at least once a year in order to teach and support them.
According to
AP News, the Church upholds the interviews as a way of providing the love and guidance of the Holy Ghost. The interviews are reportedly centered on the young person’s religious habits and their obedience to the Church’s rules. Church officials stress that those conducting the interviews are told to do so sensitively and with an understanding of the youth. They should not ask questions that are too probing yet still allow the youth to share their experiences, feelings, and thoughts.
In a particular view of the sexual nature of some of these interviews, the Church states that a discussion around moral cleanliness may be appropriate if a youth voices the need to repent. Church leaders should be careful not to encourage any curiosity or experimentation with their interview questions.
This account by the Church is somewhat at odds with parents and others reporting that those interviewing the children ask age-inappropriate, overtly sexual, and probing questions.
For a free legal consultation, call (800) 794-0444
If Sexual Questioning Is Considered Sexual Abuse
It may be challenging to litigate a sex abuse case on sexual questioning alone. However, this also depends on the effects that this type of interview has on a child and on how the specific interview was conducted. If the sexual questioning caused harm to a child by disturbing them mentally and caused other tangible negative effects, you could potentially have a case. Sexual questioning can also lead to sexual abuse if the official conducting the interview is a sexual predator.
Contact Us for Legal Help
If your child had to attend these interviews and endure extensive sexual questioning, you could potentially have a sex abuse claim against the Mormon Church. However, you will most likely have to prove that your child suffered tangible harm, emotional or physical, as a result of these interviews. Sexual questioning in itself, while extremely inappropriate, may not be grounds for a lawsuit.
It can be confusing to know exactly what constitutes sexual abuse and when a clergy member has gone too far with their interviews. If you are unsure as to whether you or your child suffered from sexual abuse when enduring sexual questioning, you can talk to a team member at Pintas & Mullins Law Firm for advice.
We can assess your particular case and determine whether you have legal recourse. Call Pintas & Mullins Law Firm at (800) 219-9622 now for a free case review.
Call or text (800) 794-0444 or complete a Free Case Evaluation form
