MANDATORY REPORTERS OF CHILD ABUSE

YoursChelbie

According to the Watchtower Society's Legal Department, in some states the elders are "not required to report" allegations of child abuse among the members. BUT WHAT EXACTLY are they not required to report? The sinner's confession OR the victim's allegation?

Presently, 16 states have what are called exemptions for reporting child abuse by clergy-penitent privilege. The word penitent means "one who confesses to a sin and seeks forgiveness." For instance, let's say that an elder living in California is in a situation where he calls the WTS legal department regarding alleged child abuse in his congregation. Upon hearing the report of alleged abuse the Legal Department informs the elder that he is in a "non-reporting" state. Does the Legal Department further tell him that while he cannot divulge the confession from the alleged abuser, he IS under compulsion to go to the authorities with the claim of the distraught victim? Does the law in those 16 states stipulate that the elder (clergy) is under no obligation whatsoever to report any allegations of child abuse?

THE ANSWER IS EVIDENT IN the chart on the link below. It shows all 50 states, and their individual statutes as they currently stand (they tend to be updated and revised constantly.)

Note that in numerous instances "Clergy" is listed under the heading "OTHERS WHO MUST REPORT" abuse while "Clergy-Penitent" is listed under the heading "Privileged Communication" for THE SAME STATE.

http://www.calib.com/nccanch/pubs/sag/manda.cfm

Edited by - YoursChelbie on 21 July 2002 6:27:27

DakotaRed

Don't forget, Chelbie. JWs also claim to not be clergy, when it suits them. But, when they can protect a pedophile, I guess they claim clerical privilege.

Some racket, huh?

Lew W of the Taken Class

blondie

Lew, Taken class, is that based on the TV show Taken scheduled to air on SCI-FI channel in December? Or does that mean you are married?

I agree with you on the clergy flip-flop. I commented on that to a friend the other day how the WTS scrupulously tries not to be part of Babylon the Great until it benefits them, as in the case of reporting child abuse.

Are there any other cases of where they have done this?

DakotaRed

Blondie, the taken class is in reference to yesterdays JW.com Crush thread

The wording on many of their claims to public really bothers me and does come across as quite legalistic. Given the JWs penchant for Theocratic Warfare and that they define a lie as telling an untruth to someone entitled to know the truth, their careful wording on matters smacks of legalese to me. For example,

"You cannot be a known sex offender and hold any position of responsibility within the organization," said J.R. Brown, the spokesman.

Now, who defines "known?" Does that mean convicted? And if so, by whom? There are plenty of elders still serving "in a position of responsibility" that have been known to have committed acts of pedophilia, yet they were never taken to court as the vicitims were silenced and discouraged from contacting the authorities.

Lew W

Lady Lee

Chelbie and Lew - excellent points.

Here is another point someone asked me in email. This is my response:

I am not an American so am not familiar with the American laws. However most of the literature on sexual abuse is from the US so I think I have a pretty good idea.

When I read J.R. Brown's statement in his letter to the BBC program on child sexual abuse among Jehovah's Witnesses,

"a 16-year old boy had sex with a consenting 15-year old girl" would have to be reported as CHILD ABUSE"

it felt false.

What I understand is that if a person who is considered an adult has "consenting" sex with someone considered a minor THEN it would be abuse and require reporting. If there are states where the law of majority is 16 then and only then would this be a crime. In reality few places would actually consider this 16/15 yr olds to be "abuse" unless there was coercion involved.

Abuse laws are there primarily to deal with sexual matters where there is coercion of some type and most especially where there is an issue of power imbalance and authority such as a much older person and a child or a father figure/teacher/doctor/religious leader etc. and a child.

As a professional who has worked in this field since 1987, you can quote me
Lee Hardiman, T.A.S. BA Specialization in Child Sexual Abuse

blondie

I never go to that thread, Lew. Thanks for the clarification.

As to the statement you point out, yes, that has bothered me too. "Known" by whom? Is this a case of what you don't know what hurt you thinking by the WTS. Yes, having worked around lawyers for years, I understand how people are manipulated by words into thinking someone has said something they really haven't.

I have had many a JW elder wonder how he lost control of the conversation and how I managed to get him to say more than he wanted to about a subject and with my still being "submissive" about it.

orangefatcat

you would think that any elder with a conscience would report a case of child abuse, no matter what. And yes I to believe that the Society uses the clergy privelge even though they aren't clerecial. Are they the offspring off vipers Jesus was refering to? Or the white washed graves with dead bones inside? Or are they the ones who say do this and that and yet they do the the opposite? Hmmmmmmmmm?

Lady Lee

That phrase

white-washed graves with dead men's bones

goes through my head all the time in reference to them. It just fits so well because we were like dead zombies in there and only learn how to live after we leave

dungbeetle

Unfortunately in the case of California, in small print at the bottom of the legislative paragraph, it states (or used to anyway) that 'exemption' from reporting is granted in the case of a communication normally held confidential within that clergyperson's religion.

Watchtower took the offensive after this by puting into the Watchtower and I think perhaps a KM that 'elders should repeat NOTHING they are told, they must even be careful to keep papers private and where they are and who is present when they are on the telephone.

We got more work to do!!!

Lady Lee

I knew one elder who had his teenage daughter sleeping in the living room so that he could have the second bedroom as a study for his "private" meetings and phone calls. I felt so bad for that young girl especially when we had the book study in their home. She had no where to go, no privacy

My ex-husband/elder always had his own office in our apt. and he had a file cabinet that I believe he kept locked - I never checked.

But to the point here the WTS will try just about anything if it is to their advantage

MANDATORY REPORTERS OF CHILD ABUSE

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