I sure hope ABC recorded this. even of the WTS gets a new trial, this exposure, arguing they didn't have a obligation to report, will look terrible to the public.
Conti Appeal Preview - Oral Argument Jan 14
by Chaserious 111 Replies latest watchtower child-abuse
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Kanon
In reading the appeal arguments, I got the impression the WT lawyers were trying to play off like the elders have nothing to do with field service (or a least very little). Funny Org itself refers to field service groups as an extension of the congregation arrangement. So what goes on there is there responsibility.
If a single brother and sister were working alone together you bet the elders would get involved in those arrangements and quick, yet nothing was said to any family there about a paedophile who was known to the elder body. I defiantly think they failed to warn.
Ultimately though I would wager WTS will win this, based on lack of evidence and lack of knowledge (by the judges on how things really work inside the org).
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jwleaks
Interesting comment you made on page 2 Nitty-Gritty
The thing is it is not up to elders (or at least it isn't the law everywhere) to report a crime such as child molestation to the authorities unless they have personally been a witness to it, or have been specifically asked to do so by the victim and/or parents who will then have to accompany them. It is up to the victim or victim and/or parents. They are the ones who have to do the reporting.
You joined up and this is your first comment. Welcome to the board and tell us a bit about yourself.
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Gayle
Arguments show "submitted.". I understand the Court has up to 90 days for decision. Hopefully sooner. -
Oubliette
The thing is it is not up to elders (or at least it isn't the law everywhere) to report a crime such as child molestation to the authorities unless they have personally been a witness to it, or have been specifically asked to do so by the victim and/or parents who will then have to accompany them. It is up to the victim or victim and/or parents. They are the ones who have to do the reporting.
What is legal/illegal and what is right and/or moral are often very different things.
The WTBTS/JWs assert that they are the most righteous people on Earth because they worship Jehovah. If that is true, then their practices should always--AND I MEAN ALWAYS--be superior to human laws.
And yet clearly they are not.
This is conclusive evidence that the policies and practices of JWs are NOT informed by the creator of the Universe.
End of story.
It's really not that difficult a problem if one isn't married to the idea that JWs "have the Truth" to the exclusion of all other people.
Let's review: It's a cult!
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Chaserious
The thing is it is not up to elders (or at least it isn't the law everywhere) to report a crime such as child molestation to the authorities unless they have personally been a witness to it, or have been specifically asked to do so by the victim and/or parents who will then have to accompany them. It is up to the victim or victim and/or parents. They are the ones who have to do the reporting.
This is incorrect. Almost all states have mandated child abuse reporting laws that apply to certain professionals such as teachers, doctors, nurses, etc. A majority of these laws apply to clergy, although not in every state. They require reporting upon reasonable suspicion of child abuse or neglect, not proof. Its not up to the victim or parents. The parent could be the abuser.
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Chaserious
I'd guess the kid that got raped as a result might remember. The point is sound though, there's not likely to be any clear testimony on this topic and even if there was it would be easy to dismiss due to the time that's passed. I can't think how there'd ever be any hard evidence of such an assignment, either.
This isnt really the issue in terms of misfeasance. You don't need "hard" evidence - testimony is enough. If Candace testified that the elders assigned her to work in field service with her abuser, the jury would be entitled to believe it and return a verdict, no matter how long ago. The issue is that her lawyer is saying on appeal that they were assigned to work together, but he never directly asked her that question when she testified at trial.
That suggests to me that Candace couldnt testify to it - either because it didn't happen or she can't remember. If she could testify to it, and Rick Simons just didn't ask her when she was testifying, that would be a very bad job of lawyering - it's an extremely important piece of testimony.
The only other thing I can think of is that the lawyer didn't understand how JW field service works and he thought the papers on the information board actually said who the door-to-door partners were. That seems unlikely though - he seemed to otherwise have a good grasp of WT and congregation policies.
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JeffT
I don't see this as about reporting crimes to anybody. If the elders know that some one is a pedophile, they have a moral duty to protect the congregation. This doesn't require that the pedo be arrested, it does require that all the elder understand that one of them has to work with Brother Pedo and sit in on his bible studies etc. In other words, he can't be left alone with anybody. -
truthseekeriam
The only way children will be protected against a pedophile is if all parents are notified about it. Parents have a vested interest in protecting their children, elders don't.
Elders are not trained on how manipulative these creeps can be and they certainly can't watch them 24/7. These creeps count on that, why do you think they are so comfortable in the KH?
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Nitty-Gritty
The thing is the elders were aware of only one single instance, the one involving Kendricks step daughter. Although they were aware this was molestation, they did not view Kendrick as a pedophile, or a predator. They evidently (and naively) thought that keeping an eye on him and warning him not to go near children was enough....