KING COUNTY, Washington (ABC4) A lawsuit has been filed against the Church of Jesus Christ of Latter-day Saints claiming the Church knowingly permitted a convicted pedophile to have unfettered access to children resulting in the sexual exploitation and abuse of four boys, according to Dolman Law Group and Anapol Weiss.

The suit claims that the Church allowed convicted sex offender, David Herget, to prey on children in the Mountlake Ward, some of which were as young as 5 years old at the time of the events.

Previous conviction

The complaint alleges that in 1993, Herget, who was a high priest in the Mountlake Ward at the time, was found guilty of raping an under-age family member.

The complaint also claims that senior Church members advocated for his early release by writing letters urging leniency.

He served just 180 days of a seven-year sentence and was put under state supervision. He was also excommunicated from the Church.

Rejoining the Church

Prior to his release from state supervision in 2001, the complaint alleges that Herget was able to attend Church services and actively participate in the Mountlake Ward.

Documents claim he was later given a calling that involved printing and disseminating programs during Sunday Services, a task where he enlisted young boys’ help at his home, an action that was allegedly known to the Church.

The lawsuit also claims that Herget created a set of “special programs” with candy taped inside that he would handout to young boys in plain sight of the ward’s Bishop and the Stake President.

According to the complaint, he was rebaptized into the LDS Church in 2002 after being excommunicated. By 2004, his position and authority as a high priest were restored.

Additionally, the complaint claims that the Church permitted Herget to dress up as Santa Claus and have young members sit on his lap over the holidays.

New charges

The exploitation of the children allegedly continued until July 2, 2005, when the complaint shared that Herget was arrested on suspicion of 18 criminal charges, including six counts of child rape, six counts of child molestation, three counts of sexual exploitation of minors, and communicating with a minor for immoral purposes.

On or about July 2, 2005, attorneys for the alleged victims say Herget died while on suicide watch while incarcerated at the Snohomish County Jail.

Specific allegations

Attorneys representing the victims shared the following allegations with ABC4: (Victims are referred to as “Roe one through four.”)

Allegations specific to Roe 1:

From 2001 to 2005, Roe 1 says he was abused and assaulted by Herget who allegedly showed him pornography and performed abusive sex acts. The lawsuit claims the Church knowingly gave Herget the ability to exploit Roe 1’s fragile mental state to cause him extreme fear, anxiety, and confusion given his authoritative position within the Church.

Allegations specific to Roe 2:

Roe 2, the brother of Roe 1, was allegedly assaulted when he was just five years old. Using the pretense of delivering a program with candy when he was sick and unable to attend services, Herget allegedly entered the boy’s bedroom and abused him. 

Allegations specific to Roe 3:

Roe 3 was just 11 years old when, he claims, the years of abuse began. From 2001 through 2005, documents allege that Herget would show the boy pornography and perform sex acts on him while on Church property, during Sunday services, in sacrament anterooms, and in his home.

Allegations specific to Roe 4:

Beginning at age 10, Roe 4 claims to have been repeatedly sexual assaulted and abused by Herget over the course of four years. He claims Herget first exposed the young boy to pornography while playing Xbox at his residence, using his influence and position of trust within the Church.

The representing firms stated that they are seeking “an action of unspecified monetary damages from the Church of Jesus Christ of Latter-day Saints for inflicting profound physical and emotional injuries to the four parties, past, present and future.”

ABC4 has reached out to the Church for comment but has not received a response.