In general, what is the ethically correct response if a minor tells you someone is molesting him/her?

by InterestedOne 84 Replies latest watchtower child-abuse

• 

  GLTirebiter

  The ethically correct response if a minor should tell you that someone has been or is molesting him/her is to inform their parents or guardians of the child, whose are responsible for rearing that child as to the abuse reported to you by the minor. Your ethical responsibility is discharged once you have informed the child's parents of the crime.

  In such cases reporting it to the parents is commendable, but that does not discharge the legal obligation incumbent upon anyone subject to "mandatory reporting" laws. A first-person report to the authorities designated by law is required. You cannot avoid that responsibility, you must report the situtaion.

  Reporting such matters to one of the elders only wastes time

  That is not the point. This discussion is not about reporting anything to the elders. The question is whether the elders, having a suspicion of molestation, will fullfill their obligation to report it to the proper authorities as required by law.

  but if one of the elders is requested by the victim to report the alleged crime to the authorities -- and by this I don't necessarily mean the child, but the parents or guardians of the child -- then the elder is free to oblige.

  No. An elder subject to a mandatory reporting law must make the report. There is no requirement that they be "requested" to do so, they must report. This is not a matter of "obliging" as a social grace, it is a legal obligation. Even if the parents say not to, they must report!

  You seem to be asking me whether an elder is ethically or legally required to report the alleged crime (since we do not really know that there has been a crime, do we?) to law enforcement officials upon his obtaining knowledge from the alleged victim that he or she has been sexually molested, but what if that elder should unwittingly be filing a false report?

  I am saying they are legally required to report suspicion of molestation as defined in the law. For the very reason you suggest, most states offer protection against claims of false reporting for any report made in good faith. For example (search result from the link in my previous post):

  ---

  Citation: Cal. Penal Code § 11172(a), (b) (LexisNexis through 2008 Ch. 765)
  Statute:No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of his or her professional capacity or outside the scope of his or her employment.

  Any other person reporting a known or suspected instance of child abuse or neglect shall not incur civil or criminal liability as a result of any report authorized by law unless it can be proven that a false report was made and the person knew that the report was false or was made with reckless disregard of the truth or falsity of the report, and any person who makes a report of child abuse or neglect known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused.

  ---

  If one of the child's parents or guardians is the one implicated by the minor for molesting him/her, then the ethically correct response would be to report the crime to the police, so that you do not become an accessory after-the-fact by being sworn to secrecy about the matter by the spouse of the abuser. Your ethical responsibility is discharged once you have informed the authorities of the crime.

  This time you got it right. The only way to discharge your responsibility is to report the matter to the police or other legal authority. As for being "sworn to secrecy": such a promise cannot be morally justified, and there is no onus on you for following Caesar's law and God's law by making the report. Indeed, if anyone tries to extract such a promise from you, I say to include that in the report!
• 

  mostlydead

  djeggnog wrote:

  "There is a semblance of justice in this world, but you have to know that this isn't true justice at all. It may make one feel good that an individual has been "put away," so to speak, for 20 years or so for such criminal offenses, but you know as well as I that the harm done to such children cannot be undone, so for true justice, we will all have to wait for the Millennial Reign of Jesus Christ."

  I care far less about "justice" and "vengeance" than I do about prevention. You rate putting a molester in prison for 20 years as a mere "feel good" experience that in the grand scheme of things doesn't matter one whit. I believe that providing an entire generation of little ones the opportunity to grow up with one less molester in the neighborhood is a very good thing to do, even while "waiting for the Millennial Reign of Jesus Christ." Since, as you mentioned, God is not intervening in such matters today, the protection of children is in the hands of every caring adult. Jehovah is big enough to take care of himself and his own name. Children are not. A system that is set up so that two lambs MUST be sacrificed before action is taken to protect rest of the flock is a blot on the name of the God they claim to represent. An institution that requires children and adults to mix together in frequent and close association, needs to have regular and frank discussions of the dangers that can lurk in any such group, including and ESPECIALLY their own. Convention delegates are warned not to leave unattended purses or other items of value at their seats, because unscrupulous ones frequent such large gatherings and take advantage of their trusting brotherhood. That message could easily be brought down to a congregational level regarding the behaviors of unscrupulous ones who would rob our children of their physical, emotional, and spiritual well-being.

  You've made it clear that you and your children do not need those of our "ilk" making suggestions for improvement regarding the prevention of sexual abuse in your ranks. We don't really mind your resistance....it won't change our commitment to protect our own and, yes, even your own children.
• 

  hotspur

  You don't half talk some rot eggnog! You haven't even a notion of the overall integrated belief system of JWs. You can't just go around and pick bits that you need to appease your overinflated ego.

  Since, as you mentioned, God is not intervening in such matters today, the protection of children is in the hands of every caring adult. Jehovah is big enough to take care of himself and his own name. Children are not.

  Aren't you forgetting that JWs are constantly being taught they are living in the Spiritual Paradise mentioned in Isaiah and that Paradise has been created by God himself? Isn't it a basic Christian precept that Christians have an obligation to 'look after widows and orphans ..."? This includes the published inference that includes the peacable physical nature of all who live in that so-called Spritual Paradise. That too means having the right to expect these peacable conditions in the congregation.

  Go back and read more eggnog instead of constantly spouting mindless drivvle!
• 

  jgnat

  The reason the victim (that is, victim's family), and not an elder, would be responsible for reporting the crime to the police is because that report made by the elder would be a second-hand, hearsay, report of the elder's interview of the victim. If an elder should be the first to report the alleged crime to the police, then he will have inserted himself into the investigation of the matter and this could cause undue delay in the investigation that ought to be taking place between law enforcement and the victim and not law enforcement and this elder. (djeggnog)

  If you will recall, this thread was started about a person's ethical responsibility to report abuse, including elders. You responded to my comments, in agreement with me, that any elder investigation might tamper or delay any police investigation. Elders, being in a position of leadership and confidence, is required by law to report abuse. It is not their job to investigate the validity of the charge, of which you and I agree. The elder's testimony may not be admissable, but his obligation to report what he was told, is. By reporting first to Bethel, and conducting their own investigation first before reporting to the authorities, they do indeed tamper with evidence and potential justice.

  Hearsay is a term of secular law, but justice is definitely a biblical requirement. Elders should not stand in the way of justice.
• 

  InterestedOne

  jgnat summed up my original intent well. I wanted to discuss a person's ethical responsibility, including elders since they are people too, and compare it with what elders are taught to do.