Mennonite Church faces new sex abuse suit

A second sexual abuse lawsuit has been filed against the Mountain View Mennonite Church, its parent organization, the Kansas-based Church of God in Christ Mennonite; and church members David and Cynthia Peaster.

The lawsuit was filed Sept. 30 at the Boundary County Courthouse by James, Vernon and Weeks. It is the second such lawsuit filed by the Coeur d’Alene-based law firm this year.

The allegations echo those made by Clayton Peaster, now 27, in a lawsuit filed Feb. 10. In the most recent case, the plaintiff chose to remain anonymous and is referred to as John Doe 2 in the lawsuit.

John Doe 2 claims that he was sexually abused by David Peaster during a four-year period beginning in 2000, and that the Mountain View Church was aware of the abuse but neglected to inform authorities.

Attempts by the Herald to contact the local Mennonite Church and its parent organization for comment were unsuccessful. However, according to an article in the Mennonite World Review published this April, the Mennonite Church USA Panel on Sexual Abuse Prevention released a statement on March 30 urging congregations “to bring to light all that has been hidden too long in the shadows,” and calling sexual abuse a “cancer within the church that we need to expose.”

In the February lawsuit, Clayton Peaster alleged the abuse by his adopted father, David Peaster, began in 2000 and continued until 2004. He said he told a church deacon about the alleged abuse in 2000, but church officials chose to deal with the problem internally instead of informing the authorities.

After Clayton Peaster came forward, the church excommunicated David Peaster for approximately 10 days. He was then welcomed back into the community where, according to both plaintiffs, the pattern of sexual abuse continued until 2004.

During a February press conference, Clayton told reporters: “I don’t hate the religion I grew up in. I don’t hate my father. I will always love him. He’s my dad, but the problem is people should have listened.”

Clayton Peaster’s lawsuit refers to an older boy who was allegedly molested by David Peaster during the same time frame. Attorney Craig Vernon, who is representing both plaintiffs, said he cannot comment on whether John Doe 2 is the older boy alluded to that suit.

Vernon said that during the discovery process, it was learned the Church of God in Christ Mennonite has dealt with similar sexual abuse cases in a similar fashion. The lawsuits cite two specific cases from 2009, one from El Campo. Texas, and the other from Abbotsford, British Columbia, where the church was made aware of a father sexually abusing his child but neglected to notify authorities.

These more recently filed lawsuits could set a new standard for future cases involving sexually abused children and clergy members.

According to Idaho Code 16-1605, “any other person having reason to believe that a child has been abused, abandoned or neglected shall report or cause a report to be made within 24 hours.” However, the notification requirements do not apply to a “duly ordained minister of religion, with regard to any confession or confidential communication made to him or her in his or her ecclesiastical capacity.” This exception to the whistleblower statute is known as “clergy-penitent privilege”, and there are only six states in the U.S. that deny this privilege in cases involving child abuse. In the vast majority of states that do allow this privilege, including Idaho, whether or not the privilege is recognized depends on the circumstances.

“We respect that privilege, but it’s a narrow privilege,” Vernon said. “It protects communications between a priest or clergyman and somebody who is confessing to them. We’re not necessarily trying to set a standard, we’re trying to get some justice for our two clients. But frankly, we may be dealing with that in the Clayton Peaster case because they (the Mountain View Mennonite Church) are claiming that privilege.”

Vernon said he was unsure if the defendants will attempt to claim the clergy-penitent privilege in the second lawsuit as well.

In both lawsuits, the plaintiffs are suing each defendant for a sum to be determined at trial as well as non-economic damages. Both plaintiffs want the court to establish a statute that would force the Church of God in Christ Mennonite to require clergy members to report any and all sexual abuse allegations to the authorities.

The Clayton Peaster trial has been set for Aug. 15, 2017. A trial date has not yet been set in the case of John Doe 2.