Proposed Georgia law would treat clergy the same as teachers when it comes to sex crimes

Georgia lawmakers have introduced legislation that would allow clergy members to be charged with improper sexual contact offenses under the same law that currently applies to teachers, probation officers, and hospital workers.

What’s Happening: Senate Bill 542, introduced by Senator Randy Robertson of the 29th District and five other senators, would add clergy members to Georgia’s existing improper sexual contact statute. The bill defines a clergy member as any person who represents themselves as a minister, pastor, priest, rabbi, imam, or other spiritual leader, or who provides spiritual guidance, pastoral counseling, religious instruction, or spiritual direction to another person in a relationship of trust, confidence, or dependency.

The legislation would apply whether the clergy member is licensed or unlicensed, and whether they represent a faith-based organization in Georgia or another state.

What’s Important: The bill creates two levels of offenses. First-degree improper sexual contact by a clergy member would involve sexually explicit conduct with someone in a pastoral counseling or spiritual authority relationship. Second-degree improper sexual contact would involve sexual contact short of sexually explicit conduct. Penalties would range from misdemeanor charges to imprisonment of one to 25 years and fines up to $100,000, depending on the circumstances and the victim’s age. Consent would not be a defense.

The Context: The legislation follows allegations at Truett McConnell University, where former administrator Dr. Brad Reynolds was accused of sexually abusing alumna Hayle Swinson. University President Dr. Emir Caner was placed on administrative leave last year while a third-party investigation examines whether leadership covered up or failed to address the allegations. The university acknowledged Reynolds engaged in an “inappropriate and immoral relationship” with a former student who later worked at the school from 2013 to 2018.

The Law: Georgia’s current improper sexual contact statute covers employees and agents of schools, hospitals, correctional facilities, probation offices, and other institutions. The law prohibits sexual contact between these authority figures and people under their supervision or care.

Senate Bill 542 would add clergy members to this list and define a pastoral counseling or spiritual authority relationship as one in which a clergy member provides spiritual guidance, pastoral care, religious instruction, confession, mentoring, or emotional or spiritual support where a reasonable person would view the clergy member as exercising influence, trust, or authority over another person’s spiritual, emotional, or personal well-being.

What Happens Next: The bill has been introduced in the Georgia Senate. It would need to pass both the Senate and House and be signed by the governor to become law.