News outlets runs reports almost weekly of pastors getting arrested for various crimes — but an arrest doesn’t mean that person has been found guilty. Just recently, a jury found an Arkansas pastor who had been arrested on charges of possessing child sexual abuse material not guilty.
“After 17 long months,” the pastor said, “we finally had our day in court, a moment I had prayed for, not just to clear my name, but to affirm a principle that seems increasingly lost in our time: that one is innocent until proven guilty.”
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Not all pastors who are arrested are guilty, and not all guilty pastors are arrested. Studies show many sex crimes go unreported, and many reports don’t lead to arrests. With this in mind, it’s helpful to understand both civil and criminal cases — what goes into a civil lawsuit and the process that takes a crime from a reported incident to conviction. Terms like alleged, arraigned and burden of proof all fall somewhere along the investigation process.
Arrest
First in a criminal case comes the arrest. Typically, an arrest is based on allegations made by an investigative agency, such as a police force or department of justice. An arrest can only be made based on probable cause — the facts and circumstances exist that would lead a reasonable person to believe a crime has been committed. After making an arrest, law enforcement takes the alleged perpetrator into custody, informs them of the charges, and sometimes questions them. They have the right to remain silent and have an attorney present.
An arrest typically requires someone to report the crime. That said, a low percentage of crimes ever get reported — in 2018, according to a report from the Bureau of Justice Statistics, only 24.9% of sexual assault instances were reported to the police. Even then, few reports lead to an arrest. An NBC News investigation into 10 cities found that only 12% of reported rapes in 2023 led to an arrest.
Booked
Once a person is arrested they are taken to a detention facility and booked. They are fingerprinted and pose for a mug shot. If a judge sets bail, an individual can go home to await their court date. But, depending on the nature of the crime and other factors, a judge can deny bail.
A civil case begins when a victim brings a civil lawsuit, typically seeking monetary compensation or court orders. The case begins when the plaintiff files the initial suit, stating their claims and desired relief. A civil lawsuit does not require the victim to have reported the crime to police. Typically the lawsuit will be in public record, but sensitive cases can be sealed and certain details redacted.
Arraignment
The first court appearance in a criminal case is called the arraignment. The defendant hears the charges read aloud and can plead guilty, not guilty or no contest. “No contest” means the person is not disputing the facts of the case, but they are also not pleading guilty. Defendants often plead not guilty to challenge the evidence and give their attorney time to investigate. At this point, the judge might issue a no-contact order — meaning the defendant can’t interact with a particular person or age group. A public defender is assigned to those who can’t afford an attorney to represent them.
Investigation and discovery process
Both types of lawsuits include an investigation and discovery process. Attorneys for the prosecution and defense both gather evidence to support their arguments. For sex abuse cases, evidence can be difficult to gather since the crime may have occurred decades prior to the accusation — the average age a person reports childhood sexual abuse, for example, is 52. During this process, the defense attorney can request the evidence the prosecution plans to use. The defense develops a strategy to defend against that evidence. This process can take a long time.
At the trial, the defense and prosecution present their cases. Depending on the circumstances, a jury or judge will deliver a verdict. If guilty, the judge generally determines the sentence.
Burden of proof
There are different requirements for criminal and civil cases, an important one being the burden of proof. A criminal case is always brought by the government, and the burden of proof rests on the state prosecutor. The prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” The defendant is presumed innocent and has no burden of proof.
A civil case, on the other hand, requires meeting a standard of proof called “the preponderance of evidence.” This means that the standard of proof is lower — the plaintiff is required to prove that their claims are more likely true than not, rather than beyond a reasonable doubt.
Of the individuals sentenced in legal cases for sex abuse crimes, 52.8% are sentenced for production of child pornography; 28.3% for travel for prohibited sexual conduct; and 10.7% are sentenced for rape; 2.8% are sentenced for statutory rape; 2.8% for abusive sexual contact; and 2.6% for “Other.”
Conviction
Once an individual is convicted, they will most likely go to prison. According to the United States Sentencing Commission, 99.2% of individuals convicted of sexual abuse in the fiscal year 2024 were sentenced to prison. The average sentence for individuals convicted of production of child pornography was 273 months. For an individual convicted of criminal sexual abuse (rape), the average sentence was 229 months.
Defendants can accept plea bargains, which avoid trials and sometimes reduce sentences. One report found that 75% of prosecutions lead to plea bargains.
EDITOR’S NOTE — This story was written by Isaac Wood and originally published by MinistryWatch. Used with permission.
