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Difference between revisions of "User:InProgress/Sexual violence FAQ"
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|q=What are the ecclesiastical consequences for sexual violence? | |q=What are the ecclesiastical consequences for sexual violence? | ||
| − | |a=If a person is accused of incest or the physical or sexual abuse of a child, and Church disciplinary council ''must'' be convened. If a person is accused of rape, a disciplinary council must be convened in virtually all | + | |a=If a person is accused of incest or the physical or sexual abuse of a child, and Church disciplinary council ''must'' be convened. If a person is accused of rape, a disciplinary council must be convened in virtually all cases. When criminal matters are before the courts, the Church may defer a disciplinary council until after the secular law has made its decision—this is to avoid prejudicing the secular courts through the introduction of a Church disciplinary council's decision as evidence. If members are charged with a sexual crime, however, Church leaders should take steps to assure the safety of other members pending the outcome of the legal process. |
|quote=Elder Dallin H. Oaks (one of the Church's Twelve Apostles, and a former Utah Supreme Court judge) emphasized that the legal maxim of "innocent until proven guilty," and the Christian admonition to "judge not, lest ye be judged" does ''not'' absolve members from taking prudent steps to protect others even before a final determination of guilt or innocence has been made: | |quote=Elder Dallin H. Oaks (one of the Church's Twelve Apostles, and a former Utah Supreme Court judge) emphasized that the legal maxim of "innocent until proven guilty," and the Christian admonition to "judge not, lest ye be judged" does ''not'' absolve members from taking prudent steps to protect others even before a final determination of guilt or innocence has been made: | ||
<blockquote>There is one qualification to this principle that we should not judge people without an adequate knowledge of the facts. Sometimes urgent circumstances require us to make preliminary judgments before we can get all of the facts we desire for our decision making. | <blockquote>There is one qualification to this principle that we should not judge people without an adequate knowledge of the facts. Sometimes urgent circumstances require us to make preliminary judgments before we can get all of the facts we desire for our decision making. | ||
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Some personal decisions must be made before we have access to all of the facts. Two hypotheticals illustrate this principle: | Some personal decisions must be made before we have access to all of the facts. Two hypotheticals illustrate this principle: | ||
| − | 1. If a particular person has been arrested for child sexual abuse and is free on bail awaiting trial on his guilt or innocence, will you trust him to tend your children while you take a weekend trip? | + | :1. If a particular person has been arrested for child sexual abuse and is free on bail awaiting trial on his guilt or innocence, will you trust him to tend your children while you take a weekend trip? |
| − | 2. If a person you have trusted with your property has been indicted for embezzlement, would you continue to leave him in charge of your life savings? | + | :2. If a person you have trusted with your property has been indicted for embezzlement, would you continue to leave him in charge of your life savings? |
| − | In such circumstances we do the best we can, relying ultimately on the teaching in modern scripture that we should put our “trust in that Spirit which leadeth to do good—yea, to do justly, to walk humbly, to judge righteously” ({{s||D&C|11|12}}).</blockquote> | + | In such circumstances we do the best we can, relying ultimately on the teaching in modern scripture that we should put our “trust in that Spirit which leadeth to do good—yea, to do justly, to walk humbly, to judge righteously” ({{s||D&C|11|12}}).<ref>Dallin H. Oaks, "[http://speeches.byu.edu/?act=viewitem&id=576 Judge Not and Judging]," fireside address, BYU (1 March 1998).</ref></blockquote> |
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| + | |q=If a person is found "not guilty" in a secular court, does that preclude Church discipline? | ||
| + | |a=No. Church discipline is independent of legal outcomes. A person found innocent by the secular legal system might still be subject to Church discipline. | ||
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Contents
- 1 Frequently Asked Questions about Sexual violence and sexual transgression FAQ
- 1.1
- 1.2 Question: What is "sexual violence"?
- 1.3 "Sexual violence" is any unwanted act or attempted act toward another person of a sexual nature. It may include such sins as rape, sexual assault, sexual interference, marital rape, date rape, child sexual abuse; or less overt acts such as being subjected to sexualized or suggestive comments, or sexual harassment. Such violence may be directed at women, men, teens, or children.
- 1.4 Question: What is Church doctrine of sexual violence?
- 1.5 Church doctrine forbids sexual violence in the strongest terms. The Church regards all acts of sexual violence as sins, and many are also crimes under secular law.
- 1.6 Question: Is there a different doctrinal standard for men or women? For example, is "sexual purity" regarded as more important for women than for men?
- 1.7 No. Any sexual relations outside of a legal marriage between a man and woman is regarded as an extremely serious matter. This applies to men and women.
- 1.8 Question: What are the ecclesiastical consequences for sexual violence?
- 1.9 If a person is accused of incest or the physical or sexual abuse of a child, and Church disciplinary council must be convened. If a person is accused of rape, a disciplinary council must be convened in virtually all cases. When criminal matters are before the courts, the Church may defer a disciplinary council until after the secular law has made its decision—this is to avoid prejudicing the secular courts through the introduction of a Church disciplinary council's decision as evidence. If members are charged with a sexual crime, however, Church leaders should take steps to assure the safety of other members pending the outcome of the legal process.
- 1.10 Question: If a person is found "not guilty" in a secular court, does that preclude Church discipline?
- 1.11 No. Church discipline is independent of legal outcomes. A person found innocent by the secular legal system might still be subject to Church discipline.
Frequently Asked Questions about Sexual violence and sexual transgression FAQ
If you have a question about the doctrines and policies regarding sexual violence committed by or against members of the Church of Jesus Christ of Latter-day Saints, our FAQ has the answer.
Question: What is "sexual violence"?
"Sexual violence" is any unwanted act or attempted act toward another person of a sexual nature. It may include such sins as rape, sexual assault, sexual interference, marital rape, date rape, child sexual abuse; or less overt acts such as being subjected to sexualized or suggestive comments, or sexual harassment. Such violence may be directed at women, men, teens, or children.
Question: What is Church doctrine of sexual violence?
Church doctrine forbids sexual violence in the strongest terms. The Church regards all acts of sexual violence as sins, and many are also crimes under secular law.
Question: Is there a different doctrinal standard for men or women? For example, is "sexual purity" regarded as more important for women than for men?
No. Any sexual relations outside of a legal marriage between a man and woman is regarded as an extremely serious matter. This applies to men and women.
Question: What are the ecclesiastical consequences for sexual violence?
If a person is accused of incest or the physical or sexual abuse of a child, and Church disciplinary council must be convened. If a person is accused of rape, a disciplinary council must be convened in virtually all cases. When criminal matters are before the courts, the Church may defer a disciplinary council until after the secular law has made its decision—this is to avoid prejudicing the secular courts through the introduction of a Church disciplinary council's decision as evidence. If members are charged with a sexual crime, however, Church leaders should take steps to assure the safety of other members pending the outcome of the legal process.
Quotes
Elder Dallin H. Oaks (one of the Church's Twelve Apostles, and a former Utah Supreme Court judge) emphasized that the legal maxim of "innocent until proven guilty," and the Christian admonition to "judge not, lest ye be judged" does not absolve members from taking prudent steps to protect others even before a final determination of guilt or innocence has been made:
There is one qualification to this principle that we should not judge people without an adequate knowledge of the facts. Sometimes urgent circumstances require us to make preliminary judgments before we can get all of the facts we desire for our decision making.From time to time some diligent defenders deny this reality, such as the writer of a letter to the editor who insisted that certain publicly reported conduct should be ignored because “in this country you are innocent until you are proven guilty.” The presumption of innocence until proven guilty in a court of law is a vital rule to guide the conduct of a criminal trial, but it is not a valid restraint on personal decisions. There are important restraints upon our intermediate judgments, but the presumption of innocence is not one of them.
Some personal decisions must be made before we have access to all of the facts. Two hypotheticals illustrate this principle:
- 1. If a particular person has been arrested for child sexual abuse and is free on bail awaiting trial on his guilt or innocence, will you trust him to tend your children while you take a weekend trip?
In such circumstances we do the best we can, relying ultimately on the teaching in modern scripture that we should put our “trust in that Spirit which leadeth to do good—yea, to do justly, to walk humbly, to judge righteously” (D&C 11꞉12).[1]
- 2. If a person you have trusted with your property has been indicted for embezzlement, would you continue to leave him in charge of your life savings?
Question: If a person is found "not guilty" in a secular court, does that preclude Church discipline?
No. Church discipline is independent of legal outcomes. A person found innocent by the secular legal system might still be subject to Church discipline.
{{FAQ |q= |a= |quote=
Notes
- ↑ Dallin H. Oaks, "Judge Not and Judging," fireside address, BYU (1 March 1998).
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