Cultic Studies Review, Vol. 1, No. 1, 2002, Page 49
threatened abuse of law or the legal process.‖126 Violators face fines or imprisonment up to
20 years, or both.
Just like any other organized entity that forces the labor of persons, cults may be punished
for the crime of Forced Labor. While researching an article127 regarding children and cults, I
found that children whom I interviewed complained about being forced to work for the
church in which they were raised. A young man whom I interviewed told me that all
members of his church were compelled to work in the church business of carpet and floor
cleaning, upholstery work, woodwork and painting. This particular individual was forced to
do manual labor for the church from the time he was 12 years old, for which he was never
paid.128 He observed that the church dissuaded its members from attending college because
it would lose the labor of young people.129 There are many examples like this one. The
issues for prosecutors and for the courts would be whether the kind of conditions that I just
described meet the elements of the crime of Forced Labor.
Another new provision criminalizes sex trafficking of children.130 The provision is based upon
the Commerce Clause.131 The offender either ―recruits, entices, harbors, transports,
provides, or obtains by any means a person‖ (in other words, the offender being the
primary actor) or ―benefits, financially or by receiving anything of value from participation in
[such] venture‖ (in other words, the offender benefits from the crime).132 The offender must
―know[] that force, fraud, or coercion ...will be used to cause the person to engage in a
commercial sex act, or that the person has not attained the age of 18 years and will be
caused to engage in a commercial sex act. ...‖133 This language indicates that the offender
is liable in absence of knowledge that the victim is under 18. The punishment, depending
upon the age of the child, ranges from a fine to life imprisonment.134
IV. Implications for Cult Members or Former Members
Cult members or former cult members could utilize the new federal laws and programs
discussed above to seek justice for wrongful acts committed against them. For example:
A. The VAWA 2000 provides better definition for the term ―dating violence,‖ which will
aid prosecutors in their work. Under the Act, various programs include prevention and
prosecution of ―dating violence.‖ These programs may benefit cult members who find
themselves in situations where dating violence occurs by another member or leader. The
statutory definition, ―violence committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim,‖ could assist prosecutors in
securing convictions against cult members or leaders with whom victims have close
relationships. In the past, prosecutors would have a difficult time convincing juries that a
live-in companion or a social acquaintance should be convicted of a violent crime, and that
would have been true for cultic relationships as well. Under this new definition, prosecutors
would have more arsenals. (For further detail, see II A above.)
B. The VAWA 2000 clarifies language pertaining to the crime of ―Interstate Domestic
Violence.‖ Where a cult member or leader travels in interstate or foreign commerce, such
as crossing a state border, with the ―intent to kill, injure, harass, or intimidate‖ a fellow cult
member or former one, such offender has committed a crime. The statutory language as to
the relationship between the offender and the victim could be broad enough to encompass
cultic relationships where the offender and victim were married, or share a child, or who
cohabit together. (For further detail, see II B).
C. The VAWA 2000 clarifies language pertaining to the crime of ―Interstate Stalking.‖
Under the new law, conceivably prosecutors could build a criminal case against a stalker,
who is a member or leader of a cult, who stalked another cult member or stalked someone
in an attempt at recruitment. Under this new law, the prosecutor must show that the
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