Reporting abuse
Concord Monitor, NH - 29 minutes ago
... some key questions. The case involved two children whose family belonged to a Jehovah's Witness congregation in Wilton. Paul Berry ...
Reporting abuse |
Law created to protect children needs to be strengthened. |
July 20. 2005 8:00AM
It is imperative that the Legislature, which has been a leader in the fight to end child sex abuse and domestic violence, act quickly to answer some key questions. The case involved two children whose family belonged to a Jehovah's Witness congregation in Wilton. Paul Berry began abusing his daughter and stepdaughter when one child was 10 and the other 3, according to court records. Berry was convicted of abuse and is serving a 56- to 112-year prison sentence. The children, now adults, sued the church for damages. The story is all the more tragic because their mother claims she reported her suspicions to church elders on a dozen occasions, including several meetings when her husband was present. She was told, she said, "to be silent about the abuse and be a better wife." The elders - who are elected and unpaid - never reported the alleged abuse to authorities and, according to the mother, reminded her that such matters should be handled by the church and not secular authorities. |
The reporting law requires all citizens to report suspected abuse, though clergy who learn of the abuse during a confession or similar privileged conversation are exempt. The case did not clarify whether elders in the Jehovah's church or other religious leaders who have no special training enjoy the religious exemption accorded to clergy. Nor did it clarify what constitutes a privileged conversation .
High courts attempt to avoid deciding constitutional issues and rule first on matters of statutory and common law. So the majority held that since the reporting law made provision only for criminal penalties, not civil ones, the elders could not be held liable.
Dalianis disagreed. The church, she wrote, enjoyed a "special relationship"with the children that imposed a common-law duty on the elders to report the abuse or to at least advise the mother to report it. The elders, Dalianis said, facilitated the continuing abuse by counseling the mother to be silent. If that's true, the question becomes why aren't the church's leaders facing criminal charges?
There are no easy answers to the questions the case raises. But the next session of the Legislature needs to spell out when church leaders must live up to the reporting law and when they are exempt. It should also clarify when it is appropriate to sue for civil damages caused by a failure to report abuse.
Peter Hutchins, a lawyer who settled 200 cases against the Roman Catholic Diocese of Manchester, believes that had those suits been filed after the Berry ruling, many victims who were not altar boys, at church camps or in some other direct relationship with the church would not have been able to seek damages. Hutchins estimates that as many as 15 percent of his clients would have been left with no recourse.
That possibility is certainly not in the interest of society. The Legislature should use the court ruling as a starting point for debate and act quickly to strengthen this important law.
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Monitor editorial
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