Mormon Church Facing New Sex Abuse & Trafficking Lawsuits | Ep. 1991
Digest
This podcast investigates allegations of a systemic sex abuse cover-up within the Church of Jesus Christ of Latter-day Saints. The discussion centers on the Bussey case, involving alleged abuse by Peyton Bussey, a registered sex offender ordained into the priesthood despite his status. Attorneys Anne Andrews and Kimberly Tegonia, along with Colby Reddish, detail the alleged cover-up, focusing on the church's alleged knowledge and actions, including facilitating a trip to Spain where further abuse occurred. The concept of "knowing beneficiary liability" is explored, arguing the church's alleged actions constitute sex trafficking. The podcast also discusses the legal implications of pending criminal charges in Utah, the role of mandatory reporting laws, and the strategic decision to consolidate numerous similar cases in California and federal multi-district litigation (MDL). The panelists discuss the advantages and disadvantages of consolidation, the church's opposition, and the potential impact of the Supreme Court's composition on the outcome. Recommendations for policy reform within the Mormon Church are offered, emphasizing the need for robust reporting mechanisms, comprehensive training, and clear accountability. The podcast concludes by highlighting how litigation can be a catalyst for change and the importance of supporting victims who come forward.
Outlines
Introduction: Allegations of Systemic Sex Abuse Cover-up in the Mormon Church
The podcast introduces the topic of new allegations of systemic sex abuse cover-up within the Mormon Church and introduces the key individuals involved in the discussion: attorneys Anne Andrews and Kimberly Tegonia, and Colby Reddish. The focus is on a cluster of cases, including a significant lawsuit involving a family known to the host.
Colby Reddish's Personal Connection and Floodlit's Role
Colby Reddish shares his personal experience and highlights the importance of the organization Floodlit in bringing these cases to light.
The Bussey Case: Details of Alleged Abuse and Cover-up
Attorneys detail the Bussey case, focusing on the alleged abuse by Peyton Bussey, his conviction, ordination, and the church's alleged role in covering up the abuse.
Systemic Abuse and Trafficking: Legal Arguments and Hallmarks
The attorneys discuss the Mormon Church's alleged systemic approach to handling abuse cases, highlighting "knowing beneficiary liability" in the context of sex trafficking.
Peyton Bussey's Offender Status and the Challenges of Rehabilitation
The discussion centers on Peyton Bussey's classification as a level two sex offender and the implications of this designation.
The Church's Actions and Legal Implications: Discovery and Accountability
The podcast continues the discussion of the church's actions, emphasizing the importance of the legal process and the discovery phase.
Motive and Intent in Child Sex Trafficking Cases: Negligence vs. Malice
The discussion explores the spectrum of intent and motive in child sex trafficking cases, focusing on the significance of the church's alleged actions.
The Spain Trip and Grooming Behavior: Details of the Abuse
Details of the abuse suffered by the victim in Spain are revealed, highlighting the grooming behavior and the significance of the Spain trip.
Abuse in Utah and Subsequent Legal Actions: Criminal and Civil Suits
The conversation shifts to the abuse that continued in Utah, the filing of criminal charges, and the subsequent civil suit.
Impact of Criminal Actions on the Civil Case: Judicial Notice
The panelists discuss the legal implications of the pending criminal charges in Utah on the civil case, including judicial notice.
The Abuser's Appointment as State Patriarch: Continued Access to Children
The discussion focuses on the abuser's subsequent appointment as a state patriarch and the disturbing implications.
The "Special Relationship" and Church Responsibility: Duty of Care
The panelists discuss the "special relationship" between the church and its members and the church's duty to protect children.
Similar Cases in California and the Consolidation Effort: Systemic Nature of the Problem
The conversation expands to include numerous similar cases filed in California, highlighting the systemic nature of the problem.
Consolidation vs. Class Action and Church Opposition: Legal Strategies
The difference between case consolidation and class action lawsuits is explained, along with the church's opposition to consolidation.
Advantages and Disadvantages of Case Consolidation: Efficiency and Fairness
The panelists discuss the advantages and disadvantages of case consolidation for both the church and the victims.
Mandatory Reporting Laws and Exemptions: Clarifying Legal Obligations
The discussion addresses mandatory reporting laws, dispelling myths about exemptions.
Individual Settlements and the Pursuit of Justice: Victim Support
The podcast discusses individual settlement decisions for victims and emphasizes the courage of victims coming forward.
Case Deadlines and Discovery Process: Timeline and Collaboration
The discussion shifts to the anticipated timelines for discovery and the collaborative nature of the legal proceedings.
Federal Multi-District Litigation (MDL): Consolidation in Federal Court
The attorneys explain the process of multi-district litigation (MDL) in the federal system.
Church Autonomy Doctrine and Accountability: Legal Challenges
The podcast addresses the question of whether the federal church autonomy doctrine applies to these cases.
Federal Anti-Trafficking Statute and Proof of Claims: Systemic Abuse
The discussion focuses on the federal anti-trafficking statute and how the claims of systemic abuse can be proven.
Supreme Court Considerations and Religious Liberty: Potential Impacts
The podcast explores potential concerns about the Supreme Court's composition and its potential impact.
Recommendations for Church Policy Reform: Preventing Future Abuse
The attorneys offer recommendations for policy changes within the Mormon Church.
Prevalence of Child Abuse and Cover-Ups in the Mormon Church: Underreporting
The discussion turns to the prevalence of child abuse and cover-ups within the Mormon Church.
Proposed Utah Legislation Shortening Sex Offender Registry Time: Potential Implications
The podcast addresses a proposed bill in the Utah legislature that would shorten the registry time for some sex offenders.
Accomplishing Change Through Litigation: Lessons from Past Cases
The podcast concludes by highlighting how litigation can be a catalyst for change.
Keywords
Systemic Sex Abuse Cover-up
The deliberate concealment of sexual abuse allegations within an organization.
Sex Trafficking
The exploitation of individuals for sexual purposes through force, fraud, or coercion.
Knowing Beneficiary Liability
A legal concept holding an organization accountable for the actions of its members if the organization knowingly benefits from the abuse.
Floodlit
An organization dedicated to chronicling sexual abuse cases and cover-ups within the Mormon Church.
Registered Sex Offender
An individual legally required to register with authorities due to a prior conviction for a sex crime.
Child Sex Trafficking
The illegal exploitation of children for sexual purposes.
Grooming (in the context of child sexual abuse)
Predatory behavior where an abuser gradually builds trust with a child to facilitate abuse.
Judicial Notice
A rule of evidence allowing a court to accept certain facts as true without formal proof.
Coordinated Proceedings (in litigation)
A legal strategy where multiple lawsuits with similar facts and legal issues are managed together.
Multi-district litigation (MDL)
A legal procedure where multiple lawsuits are consolidated before a single judge.
Q&A
What is the central allegation in the Bussey lawsuit against the Church of Jesus Christ of Latter-day Saints?
The lawsuit alleges that the Church systematically covered up sexual abuse committed by Peyton Bussey, a registered sex offender, and that the church's actions facilitated further abuse, potentially constituting sex trafficking.
How does the concept of "knowing beneficiary liability" apply to this case?
This legal theory suggests that the Church, by allegedly covering up the abuse and benefiting from maintaining a positive public image, is liable for the harm caused by Peyton Bussey.
What is Floodlit, and why is it important in this context?
Floodlit is an organization dedicated to documenting and publicizing sexual abuse cases within the Mormon Church. Its work is crucial in bringing these issues to light and holding the Church accountable.
What is the significance of the church's alleged payment for Brandon Bussey's family's trip to Spain?
This action is significant because it allegedly facilitated Peyton Bussey's continued access to his nephew, placing the child at risk of further abuse.
How does the consolidation of cases in California benefit the victims?
Consolidation streamlines the legal process, making it more cost-effective and less emotionally taxing for victims.
What are the key differences between a class action lawsuit and the coordinated proceedings in this case?
Class actions are for situations involving a common defect or harm affecting many people, allowing for collective damages. These cases involve individual victims with unique experiences of abuse, requiring individual lawsuits coordinated for efficiency, not a class action.
What are the key differences between pursuing these cases in state court versus federal court?
State court proceedings focus on state laws, while federal court uses federal statutes like the Human Sex Trafficking Act. Federal cases can be consolidated through multi-district litigation (MDL), streamlining the process.
How can the attorneys prove systemic abuse within the Mormon Church?
By demonstrating a pattern of consistent, widespread abuse facilitated by church policies and practices. Evidence includes numerous individual cases, internal church documents, and witness testimonies.
What are some policy recommendations the attorneys would make to the Mormon Church to prevent future abuse?
Implementing robust reporting mechanisms, comprehensive youth protection training, and clear accountability measures at all levels of the church hierarchy.
What advice do the attorneys have for victims considering whether to come forward?
Find trauma-informed legal counsel who understand the complexities of these cases and can provide support throughout the process. Consider the support of family and friends, and weigh the potential benefits of pursuing legal action against the challenges involved.
Show Notes
We sit down with the attorneys behind the explosive lawsuits filed against LDS Church, alleging decades of systemic child sexual abuse and institutional cover-up. These lawsuits include shocking claims of abuse facilitated by Church leaders across multiple states and even international borders, with some cases framed under federal trafficking statutes.The attorneys reveal how these cases aim to hold the Church accountable, explain the legal strategy behind the state and federal coordination efforts, and share the stories of survivors fighting for justice.
00:05:30 Anne Andrews
00:06:55 Kimberly DeGonia
00:08:55 Kolby Reddish
00:16:38 The human trafficking statute and how we define human trafficking
00:36:50 The Atonement and the church protecting itself
00:41:25 Describing the events in the way that lawyers do - High Level and what that means
00:42:43 Importance of the victim’s age
00:52:17 Discussion of the American criminal justice system
01:08:25 Charges are filed against Payton
01:19:50 Was Payton ever disciplined by the church?
01:32:50 Movement to consolidate the cases in Los Angeles
01:52:18 Dispelling myths on mandatory reporting laws
01:55:52 Rough timeline of proceedings ahead
02:17:00 Issues of Church and State laws?
02:24:00 What suggestions do they have for the LDS church to handle these situations better?
02:33:32 What is their motivation in defending these cases?
02:52:11 Final thoughts
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