My question is if I was baptised before 1985 and DF'd-- do I have any recourse. For those that don't know, I was DF'd twice shortly afterwards. My stepdadl, who was a MS molested me. He is still walking around like his shit don't stink. How can I make his life a little miserable? Or at least screw with him?
If baptised before 1985...
by crazyblondeb 6 Replies latest jw friends
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blondie
The questions changed to include "spirit-directed organization" rather than holy spirit.
Do you want to go back? The assumption is if you sued that you want the DFing to be reversed.
I have yet to see any case of a JW suing the WTS or an elder body regarding being DF'd upheld in a secular court. I was baptized before 1985 and never noticed the questions changed in 1985.
Suing is an expensive process and finding a lawyer to take your case difficult. They rarely do it for free and would have to believe that there is a real chance of collecting damages before they would take on such a case.
To find out regarding your legal situation re the sexual abuse, contact Kimberlee Norris.
http://www.silentlambs.org/assistance/AskKim.cfm
Blondie
Blondie
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crazyblondeb
No, I don't want to go back. I've talked to Kimberly Norris. Since my sisters wouldn't talk to her, she didn't think she could proceed. I just want to inflict some pain. Guess all this shit with my other dad dying is bring out the worse in me, well almost....
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Scully
Depending on the statute of limitations in your area, you could at the very least file a police report. They will be obliged to investigate, particularly if you tell them that he has a position of "trust" in a church and has access to children in the event that he is still molesting.
That should inflict some pain.
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Forscher
Your age is going to be the key factor here Carzyblondeb.
As Scully pointed out the statue of limitations impopses a deadline on when criminal or other legal action may be taken. In some jurisdiction awhile back the laws were changed to extend that period by starting the timeperiod for the staute of limitations at age 18, when a person is free from parental authority. Thus, a parent who thought they could molest a child, say at 12 years of age and keep the child quiet until the age of majority and thus be freed from criminal or civil liability by the staute of limitations, would still be liable to civil or criminal action for a period after the child reached the ace of majority and could decide for him/herself whether to pursue action or not.
Those extensions of the statute of limitations have been vigorously fought in the courts and I don't know their current status in many states. so your best bet is to pay the consulting fee of a good attorney and find out for yourself what the law is in your state.
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Forscher
Oh.
As for the baptismal questions. Since you were baptised before 1985, in theory the Witnesses have no right to formally disfellowship you since your vows did not constitute a binding contract between you and the organization. We are both in the same situation in that regard. That means that you may disregard any such restrictions now in place. It may also mean that you may be able to sue the Witnesses for defaming your character if you find they are spreading talk about you in the community. However, the courts generally decline to get invovled with what the consider "church affairs" because of the "Wall of separation between church and state" (Thomas Jefferson's words, the phrase is not found in the Constitution) principle outlined in a number of court decisions. That means that it could well be a waste of time to try and sue the Witnesses unless two conditions exist. A) the statute of limitations has not run out. B) you can show that your disfellowshipping was a malicious act done solely for the purpose of slandering your good name in the community (the basis for Barbra Anderson's suit). Even then, your chances are not good. The Andersons are kind of blazing a new trail with her suit.
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Wordly Andre
Like Scully said
Depending on the statute of limitations in your area, you could at the very least file a police report. They will be obliged to investigate, particularly if you tell them that he has a position of "trust" in a church and has access to children in the event that he is still molesting
Police WOULD be obligated to investigate the case, who knows they may find other victims, your actions may save another child from going through what you went through, besides having to confront cesars law would be pretty great, since as you know that is the LAST thing the Org. wants and you may leak to the local press your story and keep the heat on the police to further their investigation.