WTBTS's statements:
I. INTRODUCTION Childhood sexual abuse is an abhorrent, wicked act that must not be tolerated. That does not mean, however, that trial courts can ignore law and reason to compensate abuse victims. Yet, that is what the trial court did to the Fremont Congregation of Jehovah's Witnesses even though the congregation had neither custody of the minor victim in question, nor control over the perpetrator. Indeed, the congregation was unaware of the abuse when it occurred, did not condone that abuse, and did not cover it up. California has long held to the principle that when allegations are founded upon nonfeasance, one has no duty to protect another from the criminal acts of a third party absent a special relationship. To establish a special relationship, there must be an element of "custody or control" between the parties. As this appeal demonstrates, the undisputed evidence in the case below shows that: (1) the Plaintiffs claims against Fremont Congregation are based on nonfeasance; (2) the Plaintiffs parents 1 and her abuser were all rank-and-file members of Fremont Congregation; and (3) Fremont Congregation never had custody or control over the Plaintiff or her abuser, Jonathan Kendrick ("Kendrick'} Thus, Fremont Congregation owed no legal duty to Plaintiff as a matter of law. The trial court, however, deliberately departed from those firmly entrenched principles and erroneously created a new duty for religious organizations - and by extension to all volunteer organizations - that requires them to protect a member 24 hours a day from another member's tortious or criminal acts, whether committed on or off church property. Such a result cannot stand.
The above is dishonest. In so much as any member of Jehovah's Witnesses is conditioned and required to obey " theocratic arrangements " and duly appointed Elder's, or face real consequences, show's that the Fremont Congregation Elder's had control over Kendrick and Conti. The Governing Body, DOs CO's, Elders , accept custody of all whom they shepherd. They also have a special relationship. Just listen to the song Ever Loyal. Jehovah's Witnesses trust their Elders and other brothers " taking the lead " implicitly for the most part.
With respect to Jonathan Kendrick being a " rank-and-file " member, another dishonest statement emerges. All baptised members are " Ordained Ministers ", not rank and file members. If Candice was baptised then she was also an " ordained minister."
The claim that a " new duty " was created is quite frankly disgusting. It is the duty of Christ's " brothers " the Governing Body of Jehovahs Witnesses to take resonable steps to proptect the flock at all times. The same goes for the Elders. The failure to deal with child molestation appropriately for decades, constitutes failure. Quite simply, if it happened on your watch, then you bear responsibility. Especially if you know that a member of your congregation has been guilty of sexual misconduct with children before. Not warning other parents of a danger to thier children is inexcusable.
The GB, the most humble, spiritually insightful group of men, in all of human history, THE FDS of bible prophecy, are more concerned with legalities than morals. That speaks volumes as to their true character. All human beings have a moral responsibility to protect each other, especially children. In fact, many Circuit Overseers are fond of using a certain story to explain why Bible Priciples always trump laws. The spirit of the law is superior than the letter of the law, always. This is the example that the Governing Body aprroves of Circuit Overseers using to teach Jehovah's Witnesses the importance of morality.
Morality:
Suppose that you are driving your car through a neighborhood. Do you drive as fast as you want? Of course not. Why? As Christians we obey the superior authorities. The law dictates that we operate our vehicles at a safe speed. What happens if you break the law? You could recieve a ticket! So we obey the law in this case.
How does this relate to our discussion about morality? Well there are laws, and then there are principles. Principles are superior to laws. How so?
Imagine again that you are driving. The speed-limit is clearly posted. It's 35 miles per hour. You come around a curve and see many children playing near the edge of the road. The are laughing, and playing catch, and not paying attention as children do not always realize certain dangers exist. What will you do?! There is not much of a shoulder, one false-step and the children will be in the road! Will you slow down out of concern, based on the principle of love? Or will you reason that you have the legal right to drive at the speed limit. You are not breaking the law, and besides, where are the Parents?! It's not your responsibility to look after their children.
What would you do? Principles should always take precedent over laws. The principle of love should guide our actions, always.
So, I ask this. How are the Governing Body of Jehovah's Witnesses doing in this regard? Based on the court transcripts and their responses, are they accepting community responsibility, or any responsibility? Are they guided by the principle of love? Are they more concerned with the letter of the law than the welfare of children?