Two Mormon bishops in Arizona are facing a lawsuit alleging that they and the Mormon church failed to report sexual abuse incidents despite being told — justifying the cover-ups by citing religious privilege. 

The sexual abuse lawsuit, filed by three of six children who were allegedly abused by their father, was filed in Cochise County, Arizona Superior Court on Nov. 30, 2020.

They accuse the two bishops, as well as a Latter-Day Saints Sunday school teacher, of covering up the abuse by not reporting it to the authorities. The Corporation of the President of the Church of Latter-Day Saints and the Corporation of the Presiding Bishop of the Church are also named as defendants in the lawsuit. 

Paul Adams, the father of the children, repeatedly sexually abused and raped his daughters over a seven-year period, including his infant daughter, before eventually being indicted on 11 counts of sexual abuse in 2017. He died by suicide while awaiting trial in prison.

The child plaintiffs argue in the lawsuit the Mormon bishops are wrongfully using so-called “clergy-penitent privilege” rules in sexual abuse cases and had a duty to report the incidents involving their family.

“Each of the Defendants had personal observations of the abuse, and also knew of the abuse outside of any confidential communication,” according to the complaint.

Attorneys representing the church say “the bishop was required by Arizona law to maintain the confidentiality of the father’s limited confession” but “made efforts to protect the children, primarily through the mother.” The church maintains that the lawsuit is “baseless.”

The children’s mother, Leizza Adams, was convicted for child abuse in 2018 and has recently been released from Perryville state prison. The children have been adopted into several different families and no longer share their parents’ last names.

In late 2021, it was revealed that there is apparently a Cochise County grand jury investigation in progress that has delayed this lawsuit, per the Arizona Daily Independent.

Mormon Church Sex Abuse Hotline

When Paul Adams sought help for what he said was a pornography addiction from one of the accused bishops, they only reported it by calling the church’s hotline dedicated to sexual abuse reporting, according to the lawsuit.

Created some 20 years ago, the Church of the Latter Day Saints has called their 24-hour abuse reporting system “innovative” and touts it as a model for other religious organizations, according to a VICE News investigation.

The hotline is used by the organizations some 14,000 Mormon bishops and other Mormon leaders when they learn of suspected sexual abuse.  The clergy say it helps bishops with compliance with local abuse reporting. In reality, however, this hotline can sometimes shield predators and the church itself from lawsuits.

The number and nature of the calls to the Mormon sex abuse hotline isn’t published, either. The Mormon church, unlike the Catholic church, does not release annual reports summarizing what the callers are reporting. 

Callers, according to VICE, are directed to a law firm employed by the Mormon Church.

Mormon Church Counsel Kirton McConkie 

Several sex abuse lawsuits the Mormon Church faces involve a longstanding legal partnership they have with this particular firm.

The law offices of Kirton McConkie are just a few blocks away from the Mormon Tabernacle in Salt Lake City and were founded by members of the Latter Day Saints, according to Vice News.

Attorneys there created the Mormon Church’s abuse reporting system in 1995 and now defends the church in sexual abuse related litigation.

Plaintiffs in legal actions against the Latter Day Saints say sex abuse calls are specifically routed to this firm instead of to police.

“In other words, the Church implements the Helpline not for the protection and spiritual counseling of sexual abuse victims, as professed in Church doctrine and literature, but for Kirton McConkie attorneys to snuff out complaints and protect the Church from potentially costly lawsuits,” the lawsuit states.

Legal experts told Vice News this strategy is used to invoke attorney-client privilege protections. 

At least one Arizona attorney has filed a formal complaint to the bar about the firm’s practices. The state’s Mohave County chief deputy prosecutor James Schoppmann took action after being told by a Kirton McConkie attorney they “didn’t need to inform police that a child was being sexually abused.”

Suzanne Clarke, who works as a director for a victim advocacy firm in Kingman, Arizona, once attended a presentation by Kirton McConkie attorneys in May 2018. 

“You just got that impression that whatever they said as attorneys to bishops or clergy was above the law, like confession was above the law, and they did not need to report child abuse,” she said. 

The question of who the Mormon church was actually helping with this reporting system and the interests their lawyers were serving was brought up in a civil lawsuit filed by a mother whose child was sexually abused.

A Predator & Prominent Son

The mother filed a lawsuit against the Mormon Church last year, claiming the helpline enabled a predator to continue his sex abuse long after her child was violated. 

Named in court documents as Helen W., her lawsuit accuses Latter Day Saints leaders of protecting a prominent family’s son, allowing him to commit dozen of alleged sex acts on children.

Michael Jensen was sentenced in 2013 for sexually abusing two children under the age of four. Allegations of his misconduct went back to 2004 when he was arrested at his middle school. After his sentencing, five families filed lawsuits against the church, claiming they did nothing to prevent it from happening.

Plaintiffs argue the Church of the Latter Day Saints knew the then 26-year-old Jensen was a predator, but because he was the son of a high priest, protected him from the law. 

Other Sex Abuse Cases Involving Mormon Church

A review of sex abuse litigation against the Mormon Church by Law360 shows that, between 2000 and 2016, there have been at least 43 lawsuits claiming a lack of reporting or prevention. 

Of those, 22 ended in settlements, seven were dismissed and two sent to trial, according to the Law360 review. 

A recent filing out of Santa Clara County, California Superior Court alleges a former high-ranking church official sexually abused two children over a seven year period.

Two Navajo sisters filed a lawsuit with similar claims in 2016. The anonymous plaintiffs said they were raped repeatedly while in foster care from 1965 to 1972 and was not reported lawfully.

Alternatively, the Mormon Church is facing at least one lawsuit claiming their helpline disclosed private information. An Oregon woman said when her husband admitted to church clergy he had sex with girls under the age of 16, it was privileged and should have been kept from police.

What Parents Can Do About Suspected Sex Abuse

The statute of limitations on sex abuse cases vary by state, but for families in California, as well as certain other states, those have been extended.

California lawmakers passed a bill granting more time for victims to come forward in 2018 following the sentencing of the former U.S. gymnastics team doctor, Larry Nassar.

“The idea that someone who is assaulted as a child can actually run out of time to report that abuse is outrageous,” said the author of the bill, Assemblywoman Lorena Gonzalez. 

Under the law now, victims have until they turn 40 years old or within five years of the discovery of abuse to file a civil lawsuit.

Caregivers are instructed to contact child protective services in any instances of abuse, according to StopItNow.org. The organization provides numbers to such agencies for every state here.

If you or your child has suffered from sexual abuse at the hands of a Mormon church leader, even if that abuse took place years or decades ago, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by such abuse, but it can at least help to hold those responsible accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, especially over something as serious as childhood sexual abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.