Bill to criminalize clergy sexual misconduct in Georgia gains momentum

Georgia state senators have introduced legislation that would make it a crime for clergy members to sexually exploit people under their spiritual authority.

The measure is inspired, in part, by a former student’s allegations of abuse at a small Baptist college in the north Georgia mountains that The Atlanta Journal-Constitution investigated last summer.

Senate Bill 542, filed on Friday by Sen. Randy Robertson (R-Cataula) with 23 Republican co-sponsors, would amend Georgia’s criminal code to extend the state’s existing “improper sexual contact by employee or agent” statute to include clergy members.

Under current Georgia law, the statute covers authority figures who abuse their positions, such as teachers, therapists and law enforcement officers. By adding clergy to that list, prosecutors would be able to bring charges against a clergy member who engages in sexual conduct with someone under their spiritual guidance. Authorities would not need to prove force or lack of consent.

The legislation comes after an investigation by The Atlanta Journal-Constitution last year, as well as reporting by other outlets, regarding allegations by Hayle Swinson, a former student and employee at Truett McConnell University in Cleveland, Ga. In February 2024 Swinson went to the White County Sheriff’s Office and reported that a vice president at the college, Bradley Reynolds, used Scripture and claims of divine authority to pressure her into a sexual relationship. Reynolds, who stepped down from his position after being interviewed by law enforcement, has denied the allegations.

He was indicted in December on three felony counts of making false statements to law enforcement related to the investigation; his arraignment is set for April.

Because Georgia did not have clergy sexual misconduct laws on its books at the time, investigators had limited options.

Swinson was over 18 when the sexual contact began, and Georgia law does not recognize the exploitation of spiritual authority as a criminal offense. The case was closed weeks later.

“In my case, leaders used spiritual authority and religious language to groom, manipulate, intimidate, and control me,” Swinson said in a statement.

She is one of three women spearheading the effort to get the law changed. The others — Ruth Malhotra and Kim Nunes — also say they suffered emotional abuse by religious figures they had trusted, and they later became whistleblowers.

During her interview with then-Sgt. Anthony Sims on Feb. 29, 2024, Hayle Swinson detailed her relationship with Bradley Reynolds and presented the police with a stack of printouts of emails between them. (White County Sheriff's Department)

Fourteen states and the District of Columbia have made it a crime for clergy members to have sex with someone they counsel or pastor, according to David Pooler, a Baylor University professor who studies clergy sexual abuse. Georgia is not among them.

Without such laws, cases like Swinson’s are often written off, Pooler told the AJC last year. When the victim is an adult, allegations are frequently dismissed as consensual, despite the power imbalance inherent in a spiritual authority relationship, he said.

The bill defines “clergy member” broadly, covering any person, licensed or unlicensed, who represents themselves as a minister, pastor, priest, rabbi, imam or other spiritual leader, or who provides spiritual guidance or pastoral counseling in a relationship of trust. Supporters say the broad definition is necessary because abuse occurs not only in traditional church settings but also in Christian education and para-church organizations.

First-degree violations under the bill could carry prison sentences of one to 25 years, with enhanced penalties for cases involving minors or repeat offenders.

For Robertson, the bill’s sponsor, the issue is personal. He said his wife Theresa and her sister were both groomed by their pastor in high school and beyond, as well as several other girls at their church in LaGrange.

“SB 542 is important to me as a follower of Christ, as the husband of a woman who has been impacted by improper and criminal action by a clergyman, and as the father of two daughters,” Robertson said in a statement.