U.S.: Sexual abuse of individuals under the pastoral care of a clergy member is classified as a specific crime in the Civil Penal Code

(ZENIT News / Atlanta, 06.20.2026).- A newly enacted law in the U.S. state of Georgia is drawing attention far beyond its borders, with Catholic advocates, survivor support groups, and safeguarding experts describing it as a significant step toward addressing a form of abuse that has often fallen into a legal gray area: sexual misconduct by clergy against adults under their spiritual care.

Signed by Brian Kemp on May 11, 2026, Senate Bill 542 creates a specific criminal offense for clergy who engage in sexual misconduct with individuals over whom they exercise pastoral, spiritual, or religious authority. The measure passed unanimously through both chambers of the Georgia legislature, reflecting a rare bipartisan consensus on the need for stronger protections against abuses of power in religious settings.

The law recognizes a reality increasingly acknowledged by safeguarding experts: abuse does not occur only when children are involved. It can also arise when a minister, pastor, priest, or other religious leader exploits a relationship built on trust, dependence, and spiritual influence. Under the new statute, criminal liability applies when clergy provide spiritual direction, pastoral care, religious instruction, mentoring, confession, or emotional support in circumstances where a reasonable person would conclude that the religious leader holds authority over another person’s spiritual or personal well-being.

Supporters argue that the legislation addresses a long-standing gap in many legal systems. While churches and religious organizations have developed extensive policies to protect minors, protections for adults involved in pastoral relationships have often been less clearly defined.

Among those welcoming the reform is Jesuit Father Gerard J. McGlone, a researcher at Georgetown University’s Berkley Center for Religion, Peace and World Affairs and a survivor of clerical sexual abuse himself. He described the legislation as overdue and said it establishes essential mechanisms of accountability and transparency. According to McGlone, predators frequently exploit positions of trust and authority to manipulate vulnerable individuals, making legal recognition of such dynamics indispensable.

The law establishes substantial penalties. First-degree offenses involving explicit sexual conduct can result in prison sentences ranging from one to twenty-five years and fines of up to $100,000. Lesser offenses involving non-explicit sexual contact are treated as aggravated misdemeanors for a first conviction, while repeat offenses become felonies carrying prison terms of one to five years. Repeat offenders with previous serious sexual crime convictions may face life imprisonment or a combination of incarceration and lifetime supervision. The statute also provides a fifteen-year window for reporting criminal clergy sexual misconduct.

The legislation gained momentum in part because of testimony from Hayle Swinson, a former student-athlete at Truett McConnell University. Swinson alleged that she was sexually assaulted and repeatedly abused by former university vice president and pastor Bradley Reynolds under the guise of spiritual mentoring and discipleship. Her account, first brought to wider public attention through investigative reporting, highlighted how religious authority can be manipulated to create coercive relationships that outwardly appear consensual.

For McGlone and other experts, allegations that spiritual obedience was invoked to justify misconduct reflect a classic pattern of abuse. When a religious leader presents personal demands as the will of God, they argue, the imbalance of power becomes especially severe because resistance can be framed as resistance to divine authority itself.

The debate surrounding Georgia’s law also intersects with broader discussions within the Catholic Church. Since the adoption of the U.S. bishops’ Charter for the Protection of Children and Young People in 2002, safeguarding efforts have focused primarily on minors. Extending equivalent protections to adults remains a work in progress.

In recent years, some church leaders have argued that adult victims in pastoral relationships deserve similar recognition. Guidelines introduced in Malta under the leadership of Charles Scicluna—one of the Church’s most prominent figures in combating clerical abuse—state that sexual relationships between pastoral ministers and those under their care should always be considered abusive because of the inherent imbalance of authority, regardless of apparent consent.

Likewise, the late Pope Francis advanced reforms through the motu proprio Vos Estis Lux Mundi, which strengthened mechanisms for reporting abuse and expanded attention to vulnerable adults. Yet advocates note that many ecclesiastical jurisdictions have not fully incorporated broader understandings of spiritual and pastoral exploitation into their local policies.

Survivor advocates have welcomed Georgia’s legislation while cautioning that legal reforms alone cannot heal the wounds left by abuse. Listening to victims, understanding trauma, and fostering institutional reform remain essential components of genuine accountability.

Whether Georgia’s statute becomes a model for other states remains to be seen. Nevertheless, its passage marks an important development in the evolving effort to confront abuses of religious authority.

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