A former church member recently released from prison (a convicted sex offender) approaches the church minister to ask for permission/consideration to return to church. What is the minister to do?

This scenario is NOT out of the question today. It is foolish to pretend such a scenario could not exist in your church. Has your church thought about the issue of registered sex offenders participating in church or church functions?

What is a Registered Sex Offender (RSO)? Any adult convicted of a sexually-oriented offense in Ohio is subject to registration as a sexual offender. Juveniles convicted of sex crimes in Ohio are potentially subject to sexual registration requirements. In Ohio, the registration requirements for both adults and juveniles are divided into three tiers. Generally speaking, the tiers are based on the underlying conviction. Each tier stipulates how often and for what number of years a person convicted of a sexual offense must register. A sex offender could be registered, but not found (he or she has left the address where most recently registered). Interestingly, in some states a conviction of indecent exposure or public lewdness may require the convicted person to register as a sex offender.

Sex offenders are many and varied. They may be known and identifiable, or currently unknown in terms of the sex offenses they are committing. Also, what constitutes a sex crime differs by legal jurisdiction. Of special concern anywhere are pedophiles, who are sexually attracted to children and often act on their impulses. They are arguably considered incurable. Pedophiles commonly look for opportunities in which they can befriend and gain the trust of children. A church is a perfect setting for a pedophile to seek out an innocent target. A less extreme example of a sex offender would be a 17-year-old having a consensual sexual relationship with a 15-year-old, who is considered underage in most states. It should be noted that people who are in fact sexual offenders, including child molesters, may not yet be known or identifiable as sexual offenders.

There are no easy answers for your church regarding the concerns of a sex offender participating in church life. Nonetheless, it is wise to formulate a reasonable plan BEFORE your church is faced with a real-life scenario. The elements listed below are starting points in considering your church’s individual policy regarding RSOs:

1. Specific offenses of an individual: Type of offense and length of time since last occurrence.

2. Statutory requirements: What legal restrictions apply, such as a day care in the building?

3. Judicial requirements: Is the offender currently on probation or parole, and under what terms?

4. Insurance limitations: There is NO INSURANCE COVERAGE for acts committed by a known or registered sex offender.

5. Notice to the congregation and all users of your church facility: In the case of RSOs there is no confidentiality requirement, as their record is public.

6. Limited access agreement: Execute a signed and dated contract specifying areas and functions of the church a particular RSO is allowed. Determine who will be watching or supervising.

Sample guidelines are available upon request. Contact us by phone (440-835-4800) or email at rbc@www.richey-barrett.com