Mormon law firm told me NOT to report! - Kirton | McConkie and Riley Davis

A Critique of Silence: Reporting Abuse in the LDS Church

"What do you do when life tells you one thing and your conscience another?" This is the dilemma confronted by many who encounter ethical gray zones within institutions they trust, such as the LDS Church. Recently, the Mormon Stories Podcast unveiled troubling accounts of how the church's legal framework can, at times, appear to prioritize silence over transparency.

This topic matters because it touches on the vital issue of how religious institutions handle allegations of abuse, balancing ecclesiastical protocols with the moral imperatives of protection and accountability. The LDS Church faces ongoing criticism for its approach to abuse allegations, particularly when legal counsel appears to advise nondisclosure.

The Role of Kirton McConkie in Abuse Reporting

The law firm Kirton McConkie plays a pivotal role in the complex landscape of the LDS Church's response to abuse allegations. According to Riley Davis, a seminary teacher and guest on the Mormon Stories Podcast, Kirton McConkie's guidance is not always clear about reporting obligations to civil authorities. Instead of immediately contacting the Department of Child and Family Services when allegations arise, church employees are directed to consult a helpline, often not disclosed as a legal resource. This helpline, effectively a gatekeeper, advises whether to report or remain silent, a decision-making process perceived as prioritizing legal protection over victim advocacy.

Historical practices within the LDS Church have further complicated responses. There exists an apparent tension between cultural tradition, which discourages public dissent and prioritizes institutional loyalty, and evolving legal understandings of mandatory reporting. Davis recounts an incident where the helpline suggested silence, a choice discordant with professional ethical standards and general societal expectations.