This case was filed as a civil case. I believe what you are stating are the penalties if this was being brought through the criminal justice system.
Stephanie Fessler v Watch Tower - Trial on Tuesday, Feb. 7, 2017 in Pennsylvania
by AndersonsInfo 60 Replies latest watchtower child-abuse
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Richard Oliver
Apparently, PA allows for a civil claim to be brought when a criminal statute is believed to be broken. Not many states allow this. Many civil cases have been dismissed in other states because normally there is no private cause of action that is allowed if a criminal statute or a family law regulation. It will be interesting to see what happens during this case and sure the appeal that will follow.
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darkspilver
This case was filed as a civil case. I believe what you are stating are the penalties if this was being brought through the criminal justice system.
Yes, exactly - and I understand that breaking the mandatory reporting laws is a criminal offense? - therefore why doesn't the State of Pennsylvania, who wrote the law, prosecute when the criminal law is broken? Maybe they have? I'm just going by what's been reported - or not - in this case.
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Richard Oliver
I am sure that is going to be a subject to an appeal.
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life is to short
Thank you Barbara for sharing this. It gives me hope.
LITS
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stuckinarut2
As revelation said :"her sins have massed up clear to the heavens"
Now, in this case, the "her" is not Christendom, but JW!
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talesin
darkspilver, you said
Yes, exactly - and I understand that breaking the mandatory reporting laws is a criminal offense? - therefore why doesn't the State of Pennsylvania, who wrote the law, prosecute when the criminal law is broken? Maybe they have? I'm just going by what's been reported - or not - in this case.
Indeed.
This is another example of authorities paying lip service to the protection of children, but not following through with prosecution. I see law enforcement as especially lax when not charging teachers, clergy and others who are charged with caring for children, knew of the abuse, and failed to report. Failure to report is a *crime* in Canada. Maybe Orphan Crow has some stats on this, or another poster. I was unable to find instances where adults were charged with 'failure to report' in Canada.
(edit: sorry, the format's a bit messed up)
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talesin
To BA reporting, I find this a bit off-putting.
The Trial is expected to last 5 or 6 days and John Redwood from JW Survey will be reporting on the developments each day.
John Redwood is not a journalist - that is a pseudonym, and really, if it's Lloyd Evans, or some other person who is reporting developments, should we not know who they are? Why the fake name?
I don't like this obfuscation, Barbara. We need to be transparent. Completely.tal
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cobweb
If John Redwood wants to report on the case every day surely that is a good thing. Better than not. I don't see where shes not been transparent.
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Landy
Pennsylvania Family Support Alliance - Mandated Reporters
Penalties for Willful Failure to Report
Willful failure to report (having a reasonable suspicion of abuse and deciding not to report it) may be punished. The penalties for failure to report have been increased under the new CPSL amendments.
The first offense of willful failure to report is a second degree misdemeanor. Penalties are increased to a third degree felony if the mandated reporter willfully fails to report child abuse that is a felony of the first degree or higher and the mandated reporter has direct knowledge of the nature of the abuse. For multiple offenses, a felony of the third degree is committed, increasing if the abuse of the child is a felony of the first degree or higher.
If willful failure to report continues, while the mandated reporter knows or has reasonable cause to believe the child is being actively abused, the offense is considered a first degree misdemeanor except when the abuse to the child constitutes a felony of the first degree or higher. In this instance the penalty is a felony of the third degree.
http://www.pa-fsa.org/Mandated-Reporters/Understanding-Mandated-Reporting/Penalties-for-Failing-to-Report
we can but hope!