But let's say hypothetically a young teenage girl discloses to the elders that a well respected brother in the hall has raped her lets say several months earlier. She asks them not to tell anyone...to keep it confidential. Yet clearly, they can tell she is telling the truth.
Church ministers do not have the authority to adjudicate crimes. That is the subject matter of a Court of law having competent jurisdiction. Rape is a crime and if a person is found guilty of rape, he is guilty of criminal conduct, but in the US, a person is only guilty of a crime after a conviction and church ministers do not have the authority to determine guilt or innocence of a crime - but they can convict someone of sin
What should the elders do?
They should obey Caesar but by the same token the church enjoys confidentiality.
That is why an effective safeguarding policy needs to be implemented by Watchtower
Safe according to who's liking?
Physical protection of children is not the legal duty of the church but of the secular authorities. Government regulating church based activities is unconstitutional (but that is not for me to decide) and each case relating to church liability can be decided by the Court on a case by case basis. In the US, access to the Court system is easy as pie and lawyers will fight tooth and nail just to represent someone on contingency just as money is involved as it mostly always is when suing the church.
The 2 witness rule works for many types of sins. Circumstantial evidence and other forms of evidence is required in many cases where child abuse has taken place.
The role of the church is not to prosecute crimes. Church confidentiality is rooted in the 1s amendment. Governing how the church handles sinners establishes religion which violates a principle of the 1st Amendment which separates church and state.
I watch my kids. It is the responsibility of parents to protect their children and not to delegate that to the WT, elders or fellow congregants and to blame them when parents fail to do so. If you failed to protect your child in the first place resulting in him being harmed by another person or if you suspect a child is being harmed, why don't you go to the authorities and report it? -and also go to your minister for spiritual help. YoU should not trust anyone with your kids.
The church exist under us constitutional provisions. It does not exist to help prosecute crimes or to provide physical protection for children. That is the duty of Caesar.