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Chapter 14 - Legal Implications of Cults

from Section 3 - Treatment and Legal Repercussions

Published online by Cambridge University Press:  19 June 2025

Tyler Durns
Affiliation:
University of Utah
Charles Scott
Affiliation:
University of California, Davis
Paul Whitehead
Affiliation:
University of Utah
Barbara E. McDermott
Affiliation:
University of California, Davis
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Summary

Potential legal repercussions exist for cults and for the persons who lead, belong to, or otherwise interact with such organizations. Cults may be deemed criminal organizations, and may also incur civil liability when faulty attempts to maintain corporate status requirements are exposed. Despite this, attempts on the part of criminal prosecutors and civil plaintiffs’ attorneys to seek criminal penalties and civil damages have been met with mixed success. Cult members subjected to coercive control may attempt to assert defenses that involve duress and insanity, with uneven results. Of considerable concern for media representatives as well as cult members are defamation lawsuits that can lead to monetary damages and compelled public retractions. Lawyers whose efforts to provide zealous advocacy on behalf of cults are best advised to avoid overidentification with their clients. Treatment providers and forensic evaluators should weigh various risk factors carefully when engaging in service provision to cult members.

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Publisher: Cambridge University Press
Print publication year: 2025

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