September 25, 2004
It is a crime not to report suspected child abuse to
authorities, but should the Utah Supreme Court make it grounds for a lawsuit,
too?
One mother and son argue yes, claiming leaders in The Church
of Jesus Christ of Latter-day Saints could have prevented them from being abused
at the hands of convicted child molester George K. Tilson.
They have asked the justices to review a Utah Court of Appeals
ruling in August that upheld the dismissal of a lawsuit they filed against the
church. The pair say LDS leaders knew Tilson had sexually abused children in
wards where he lived, but never reported the abuse to authorities or warned
other church members.
"We are alleging that there is civil liability for . . .
people who get information about abuse and fail to report it," said
attorney Mary Corporon, who represents the family.
The appellate judges said churches have no obligation to warn
followers about known sexual predators in their congregations. It also said
churches cannot be sued for failing to report suspected child abuse to
authorities.
The judges determined the church had no "special
relationship Tilson as a member that would make it liable for his actions.
The church has disputed the family's allegations and argued it
should not be held responsible as an institution for one individual member's
conduct.
The high court will decide whether it wants to review the case
at a later date.
