Duty to Protect (children, followers, customers....)

by skeeter1 12 Replies latest watchtower bible

  • skeeter1
    skeeter1

    I was out shopping this weekend, reading of Candice Conti too.

    There's a few Walmarts nearby in Skeeterville. One nearest me is pretty safe, but the other is closer to the Interstate and jail, and you always feel wierd at it. It is so bad, that Walmart has a security guard just to patrol the parking lot.

    I was reading of Candice Conti's newspaper and the JW comments. One thing struck me. The JWs were arguing that the court decided wrong becuase the pedophile was just a follower and the WTS couldn't be held liable for follower-on-follower attacks. Therefore, they reasoned, the WTS would win on appeal. Well, their reasoning isn't bulletproof. First, the pedophile was a WTS appointed Minesterial Servant who was later removed, I beleive, after molesting a child (his stepdaughter). With the Catholic priests and clergymen, courts hold the Catholic church responsible for not warning followers. Here, the "fired" person remained in the group and in "good standing." The average follower of the Jehovah's Witness have a very high expectation of what "good standing" would mean.

    Now, let me return to Walmart. The law holds businesses responsible for the crimes that occur in their land (parking lots, stores, etc) or where business takes place; especially if the store knows it's a dangerous area with known criminals lurking or previous attacks happening. It does not matter if it's a Walmart patron-on-Walmart patron crime. Walmart can not get out of a legal duty by blaming the criminal. Rather, the landowner has duties (varies by State) to help assure that those who come upon it are foreseeably safe and that invited people/patrons are warned, especially of latent dangers.

    Here, we have a Jehovah's Witness congregation. The business is the church and there is land of the church. In fact, the business activity extends outward from the land due to the door-to-door and (old) Tuesday night book study. There is a "fired" unpaid volunteer who represented the congregation. He is demoted with cause, but the congregation does not know the reason. In fact, the reason is kept latent (not patent) from other followers and children. The other followers only assume that the situation is safe, but it is far from it. In fact, the business has a memo that shows it purposefully HIDES such latent dangers from the followers, to whom it has a duty to protect from foreseeable danger.

    And, there you have it. Why, follower-on-follower crimes have been a liability for many businesses - and now Jehovah's Witnessess too.

    *This is not a legal opinion. It's just me making an analogy.

  • purplesofa
  • Marvin Shilmer
    Marvin Shilmer

    Great summary Skeeter!

    This duty is precisely why Watchtower is so fearful of folks finding out what it knows of sexual child molestation within the Witness community. Because Watchtower knows what it knows, it has a duty based on that knowledge to those is says it acts to protect in congregations.

    See Watchtower's Database — What is the real fear? and is available at: http://marvinshilmer.blogspot.com/2012/06/watchtowers-database-what-is-real-fear.html

    Marvin Shilmer

    http://marvinshilmer.blogspot.com

  • sseveninches
    sseveninches

    It doesn't matter whether he was appointed or not at the time of the crime. The WTS hides these cases, and thus puts them in the spotlight. THAT is why they'll lose the appeal.

  • Bobcat
    Bobcat

    Question - What is the real motivation for the Society in all this?

    I know they do not want children abused.

    I know they do not want pedophiles in the congregations.

    I'm asking this in all seriousness.

  • talesin
    talesin

    I know they do not want children abused.

    I know they do not want pedophiles in the congregations.

    I'm asking this in all seriousness.

    How do you know?

  • skeeter1
    skeeter1

    For negligence type cases, the courts look for:

    1) Duty. The Defendant had to have a Duty (legal) towards the Plaintiff

    2) Breach of Duty.

    3) Proximate Cause

    4) Damages

    It is for a judge to decide #1 & #2. If #1 and #2 aren't there in the complaint and initial filings, the judge is supposed to dismiss the case. If #1 and #2 are sufficient in the law and initial filings, then the case can go to a jury to determine proximate cause and damages.

    Now, what is legal duty? I can't sue Prince for wearing purple becuase I despise purple. Prince has no legal duty to dress according to Skeeter's commands. Likewise, I was scared on Sept 11th that a plane would land on me. But, the airlines and government had no legal duty to assur that i am not scared, even if the threat is very real.

    In this case, we are talking about the duty of the WTS and congregation to tell of known dangers.

    What is breach? Self explanatory

    Proximate cause? The breach proximately caused my injuries. A mother does not supervise her child, who is walking a dog, who runs in front of another car, who swerves and hits me. Can I sue the mother for negligent supervision? Probably. It was reasonably foreseeable, especially if they were walking near traffic.

    Damages? Jury awards; and even divides amongst defendants based on comparative guilt.

    There, a first year tort's law class all bundled up in one.

  • skeeter1
    skeeter1

    Motivation? I don't know.

    But, I am beginning to really see pedophiles as a systemic problem in the JWs. Look at Barbara Anderson, Bill Bowen, the database, avoidance of reporting laws, avoidance of background check laws (Australia). The pedophiles (or sympathyzers) have to go to the top.

  • Bobcat
    Bobcat

    Skeeter1, thanks for attempting to answer.

    Maybe I should explain my question a little more.

    The Society says they have a 'spiritual paradise.' That is why I said in the question above, they wish it could be exactly like that. I know it isn't. And in nearly 40 years of being a Witness, I have not seen any organized attempt to become evil. But all that is not what I was asking about.

    What I am trying to understand, for example, in this case, what principle(?) or status or whatever, do they feel is so important that they have to expend their effort/expense to defend? I know the Society would prefer that Ms. Conti wasn't abused. I'm sure they wish Mr Kendrick didn't exist. I know they do not want to lose money. But nobody going into a lawsuit wants to lose money.

    So what are they trying to protect (besides their physical assets) by taking this rather unpopular position in this lawsuit? Is it a legal position? Is it a constitutional right? Or something else? That is what I'm trying to understand.

  • Marvin Shilmer
    Marvin Shilmer

    -

    Question - What is the real motivation for the Society in all this?

    Leadership of Watchtower is addicted to power.

    Maintaining their money supply is important to maintaining their power-fix.

    Watchtower’s motivation is power.

    Marvin Shilmer

    http://marvinshilmer.blogspot.com

Share this

Google+
Pinterest
Reddit