50 International Journal of Cultic Studies ■ Vol. 8, 2017
Exit Intervention: A New Approach to Saving Family Members From
Destructive Groups
Steven A. Autenrieth
Arizona State University Sandra Day O’Connor College of Law, Phoenix, AZ
[Editors’ Note: Because of the legal focus and
content of this article, we have retained the legal
citation style of the original submission (based
on The Bluebook system) in lieu of standard
APA citation and References style.]
Abstract
When a family member becomes involved with a
destructive group, the courses of action
available to families are limited. This article
provides a new approach, know as an exit
intervention, that enables the family court-
granted access to their loved one for a limited
time. This model provides a necessary balance
between the family member’s First Amendment
and Due Process rights, and the family’s interest
in the safety of their loved one. If the exit
intervention works properly, the family
member’s critical-thinking ability will be
returned to her, and she can make an informed
decision about whether she wants to remain in
the destructive group.
On January 21, 1978, two members of the
Unification Church approached David Molko, a
recent graduate from the Temple University
School of Law, offering him a membership to an
“international community.”
125F
126 Their interaction
began with dinner, and, after 7 continuous weeks
of spiritual retreat on the Church’s
campground,
126F
127 ended with Molko becoming a
member of the Unification Church. It was not
until the twelfth day of group activities that
126 Molko v. Holy Spirit Ass’n for the Unification of
World Christianity, 762 P.2d 46, 50 (Cal. 1988).
127 Id. at 50–51. During the weeks of spiritual retreat,
the group subjected Molko to an intense exercise-
lecture-discussion regimen. The group also kept him
under constant surveillance. Id. at 51.
members told Molko the truth—the group did in
fact have a religious affiliation.
127F
128 When Molko
did not return home after his January 21
encounter, his parents grew concerned and
decided to visit him at the campground.
128F
129 Not
only did Molko refuse to go home, but he also
believed his parents were the agents of Satan
trying to tempt him away from the Church.
129F
130
His parents left the campground both bewildered
and exponentially more concerned for their
son.
130F
131
Although this story may seem extreme, cults
131F
132
are known for using deception to recruit new
128 Id. When finally told the group belonged to the
Unification Church, “[Molko] was confused and
angry, but was informed the deception was necessary
because people who had heard negative stories about
the Church tended to be unreceptive if they knew the
group's identity before hearing what it had to say.” Id.
129 Id.
130 Id.
131 Id. In Molko, the California Supreme Court
reversed the Court of Appeal’s grant of summary
judgment in favor of the Church, holding that judicial
sanctioning of traditional tort liability for fraudulent
recruitment is constitutional. The Court stated: “first,
its purpose and effect is plainly to advance the
legitimate secular goal of protecting persons from
being harmed by fraud. Second, it is
nondiscriminatory: all organizations, religious or
otherwise, may be held liable for damages caused by
their fraudulent acts. Were a nonreligious
organization—e.g., a group espousing a political or
social cause—to deceive a person into unknowingly
submitting to coercive persuasion, the same liability
would ensue.” Id. at 61. Therefore, Molko was not
barred from bringing traditional fraud actions against
the Church for inducing him by misrepresentation
and concealment of its identity into an atmosphere in
which he was “subjected to coercive persuasion.” Id.
132 Commentators, scholars, legislators, and
psychologists have all struggled with a precise
definition of a cult. For purposes of this discussion,
Exit Intervention: A New Approach to Saving Family Members From
Destructive Groups
Steven A. Autenrieth
Arizona State University Sandra Day O’Connor College of Law, Phoenix, AZ
[Editors’ Note: Because of the legal focus and
content of this article, we have retained the legal
citation style of the original submission (based
on The Bluebook system) in lieu of standard
APA citation and References style.]
Abstract
When a family member becomes involved with a
destructive group, the courses of action
available to families are limited. This article
provides a new approach, know as an exit
intervention, that enables the family court-
granted access to their loved one for a limited
time. This model provides a necessary balance
between the family member’s First Amendment
and Due Process rights, and the family’s interest
in the safety of their loved one. If the exit
intervention works properly, the family
member’s critical-thinking ability will be
returned to her, and she can make an informed
decision about whether she wants to remain in
the destructive group.
On January 21, 1978, two members of the
Unification Church approached David Molko, a
recent graduate from the Temple University
School of Law, offering him a membership to an
“international community.”
125F
126 Their interaction
began with dinner, and, after 7 continuous weeks
of spiritual retreat on the Church’s
campground,
126F
127 ended with Molko becoming a
member of the Unification Church. It was not
until the twelfth day of group activities that
126 Molko v. Holy Spirit Ass’n for the Unification of
World Christianity, 762 P.2d 46, 50 (Cal. 1988).
127 Id. at 50–51. During the weeks of spiritual retreat,
the group subjected Molko to an intense exercise-
lecture-discussion regimen. The group also kept him
under constant surveillance. Id. at 51.
members told Molko the truth—the group did in
fact have a religious affiliation.
127F
128 When Molko
did not return home after his January 21
encounter, his parents grew concerned and
decided to visit him at the campground.
128F
129 Not
only did Molko refuse to go home, but he also
believed his parents were the agents of Satan
trying to tempt him away from the Church.
129F
130
His parents left the campground both bewildered
and exponentially more concerned for their
son.
130F
131
Although this story may seem extreme, cults
131F
132
are known for using deception to recruit new
128 Id. When finally told the group belonged to the
Unification Church, “[Molko] was confused and
angry, but was informed the deception was necessary
because people who had heard negative stories about
the Church tended to be unreceptive if they knew the
group's identity before hearing what it had to say.” Id.
129 Id.
130 Id.
131 Id. In Molko, the California Supreme Court
reversed the Court of Appeal’s grant of summary
judgment in favor of the Church, holding that judicial
sanctioning of traditional tort liability for fraudulent
recruitment is constitutional. The Court stated: “first,
its purpose and effect is plainly to advance the
legitimate secular goal of protecting persons from
being harmed by fraud. Second, it is
nondiscriminatory: all organizations, religious or
otherwise, may be held liable for damages caused by
their fraudulent acts. Were a nonreligious
organization—e.g., a group espousing a political or
social cause—to deceive a person into unknowingly
submitting to coercive persuasion, the same liability
would ensue.” Id. at 61. Therefore, Molko was not
barred from bringing traditional fraud actions against
the Church for inducing him by misrepresentation
and concealment of its identity into an atmosphere in
which he was “subjected to coercive persuasion.” Id.
132 Commentators, scholars, legislators, and
psychologists have all struggled with a precise
definition of a cult. For purposes of this discussion,
