Why “Good Intentions” Won’t Protect Your Church in Court
Dec 07, 2025The Hard Truth Most Churches Don’t Want to Hear
I’ve lost count of how many times I’ve heard a pastor or elder say, “But we’d never let anything like that happen here. We have good people.”
And you know what? Most of the time, they mean it. They do have good people. They do care about protecting kids. They do want to do the right thing.
But here’s the uncomfortable truth: good intentions won’t save you in court — and they won’t undo the damage if a child is harmed.
In the legal world, intentions aren’t enough. Judges and juries don’t ask, “Did you mean well?” They ask, “What did you actually do to prevent this?”
And if your answer is a vague, “We try to be careful,” you’re already in dangerous territory.
Why Courts Don’t Care About Good Intentions
Let’s paint the picture. Imagine a church leader on the witness stand, saying something like:
“We knew him for years. He was a trusted volunteer. We never imagined something like this could happen.”
Sounds heartfelt, right? The problem is, the court isn’t judging your heart — they’re judging your actions.
From a legal standpoint, you’re expected to take reasonable, proactive steps to prevent harm. That means having clear written policies, following them consistently, and training everyone who works with children or vulnerable people.
Fail to do that, and your church could be found negligent — even if you had no idea abuse was happening.
Real Cases That Prove the Point
Case 1: The Friendly Volunteer
A church in the Midwest trusted a longtime member to help with youth events. He’d never been in trouble before, had glowing recommendations, and seemed great with kids. No one ran a background check. Years later, allegations surfaced — and it turned out he’d been convicted of abuse in another state decades earlier. The church faced a lawsuit for negligence, costing them over $1 million.
Case 2: The “We Have a Policy” Problem
Another church had a child protection policy on paper… but didn’t follow it. The policy said there must always be two adults present with children. In practice, volunteers sometimes handled Sunday school classes alone. When abuse occurred, the fact that they had a policy didn’t save them — because they couldn’t prove they enforced it.
The Legal Standard: Reasonable Care
The law doesn’t require you to predict the future. It does, however, require you to act like a reasonable, responsible organization. That means:
- Running background checks on every staff member and volunteer who works with kids — no exceptions.
- Training your team on how to recognize and report abuse.
- Enforcing rules like the “two-adult” policy, every single time.
- Keeping detailed records that prove you did all of the above.
If you can’t show these steps in black and white, it’s hard to defend your church in court.
Why This Matters Even If You “Know Everyone”
I get it — in smaller churches, you really do know everyone. You’ve seen these volunteers grow up, you’ve been to their weddings, you’ve watched their kids in the nursery. But trust alone isn’t a safety plan.
Abuse can happen anywhere — and predators are often skilled at blending in. In fact, some deliberately seek out churches because they know trust can be exploited.
That’s why courts expect you to have systems in place, not just relationships.
The Role of Church Law Strategy
This is where Church Law Strategy steps in. We don’t just hand you a generic policy template and wish you luck. We work with you to:
- Audit your current policies for legal compliance and effectiveness.
- Build customized procedures that fit your church size and state laws.
- Train your staff and volunteers so safety isn’t just a document — it’s a culture.
With our tiered membership plans, every church — from under 900 members to 10,000+ — can afford to make child protection a top priority.
How “Good Intentions” Turn Into Legal Protection
Here’s the good news: you can turn your care for children into tangible protection that holds up in court. That means:
- Document Everything – If it’s not written down, it didn’t happen (at least in the eyes of the law).
- Follow Your Policies – A policy you ignore is worse than no policy at all.
- Stay Current – Laws change. Your policies should too.
- Train, Train, Train – Repetition builds habits. Habits build safety.
When you take these steps, you’re not just avoiding lawsuits — you’re actually protecting children, which is the whole point.
Our Links
- church child protection policy audit
- volunteer background check compliance
- church abuse prevention training
Other Resources to Check Out!
- MinistrySafe: Abuse Prevention Systems
- Stop It Now! – Child Sexual Abuse Prevention
- Darkness to Light: Stewards of Children Training
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship between you and Church Law Strategy or its representatives. For specific legal advice tailored to your church or organization, please consult a licensed attorney.