Bishop Eddie Long Charges Could Be Difficult to Prove, by Craig Schneider, Atlanta Journal-Constitution, September 22, 2010

Bishop Eddie Long | Charges Could Be Difficult to Prove

By Craig Schneider
Atlanta Journal-Constitution
September 22, 2010

http://www.ajc.com/news/bishop-eddie-long-charges-619267.html

The entryway of New Birth Missionary Baptist Church at 6400 Woodrow Rd in Lithonia.

Sexual coercion accusations, such as the ones leveled at Bishop Eddie Long, can be difficult to prove in court, but cases have been won against other religious leaders, experts say.

There must be proof that the religious leader compromised the will of his victim, said Atlanta attorney Lee Parks, who has represented people coerced into sex.

"It is not enough to say they got enough gifts until they said yes," Parks said. "That is still yes."

Proving that in the Long case will be difficult, because the plaintiffs were of legal age of consent, and don't assert they were forced to submit, made drunk or drugged, Parks said. Consequently, there must be proof that Long had so much control over his accusers they had no power to resist, the attorney said.

Three defendants charge that Long used his mega-church position to build a strong personal bond with them, by taking them on trips and giving them lavish gifts. They said the church leader convinced them that sex with him was part of a healthy spiritual life. They also have claimed that Long violated his legal responsibility as a spiritual adviser. Long adamantly denies the allegations.

Bishop Eddie Long of New Birth Missionary Baptist Church.

"There is a legal responsibility not to compromise your position of trust, to overcome another's will," Parks said.

If the Long case survived a judge's initial review, it could go to a jury trial and take two years to be decided and another two years in appeals, Parks said. These cases often end in a financial settlement between the parties.

"The publicity in this kind of case is something the defendant does not want," Parks said.

Ronald Carlson, a University of Georgia law professor, said there have been major judgments against religious figures who coerced church members into sex. Those cases stressed the religious leader's power over the person as a father figure and religious adviser.

Carlson said the defense likely will stress that several years have passed between the alleged events and the lawsuit filings, that the plaintiffs simply are looking for money. The defense next could raise credibility issues, since one of the plaintiffs was arrested in June in connection with a burglary at the church. The defense also could stress Long's history of community and church service, the UGA educator said.

Elevating the accusations to criminal charges could be difficult, with a higher standard of proof and the plaintiffs required to prove that the defendant held an almost cult-like -- power over them, Parks said.

Federal charges are slim even while the defendants assert that Long took them on trips to other states and had sex with them. If the young men were considered minors in those states, Parks doesn't believe federal authorities would get involved. Taking a minor across state lines for sex is a federal crime, but the federal government concentrates on cases that involve child prostitution and pornography, he said.