Expatbrit
I do equivocate WT society policy with the actions of local congregations. This is because society HQ is kept well aware of what happens at local levels by CO's etc….Your suspicion is a common one but nevertheless not a good one. It is true that COs visit congregations regularly. It is true that COs reports back to the Society on each congregation visit. It is also true that the form (called the S-2) for that report contains a question asking about any congregational problems. But it is not true that congregations routinely speak of these problems to COs with it being included in those reports. In most cases that section of the S-2 report is left blank. (I just thumbed through three congregation’s files of S-2 forms going back more then 10 years each. Not one of those more than 60 reports had an entry in the section in question.) For that reason the Society is very often unaware of specific local problems.
…So when there is a widespread policy (a policy can be simply an adopted course of action rather than a written legal document) being exercised at local level (e.g. coercive pressure not to involve secular authorities), it is reasonable to conclude that the society is well aware of this, and concurs with it's continuation.Elders are told to call the Society’s legal department upon hearing reports of child abuse. Do you know what elders are told upon calling? Relevant to reporting, elders are instructed to advise victims (or their families or other witnesses) that whether they report is up to them. Furthermore, elders are told that no one should discourage those persons from reporting if that is their desire. How do you explain that contradiction to your conclusion?
In fact, with it's magazine articles emphasizing "not bringing reproach upon Jehovah" by involving secular authorities in criminal matters ("minor" and "serious" crime distinctions are not made in the literature), and with it's demonising the secular authorities as part of Satan's system, the society creates this local policy.Let’s not quibble here. The subject of this thread, and the one having everyone worked into a tizzy, is of a serious criminal nature. Show me an instance where the Society discourages JWs from reporting serious criminal behavior out of a misguided notion of "not bringing reproach on Jehovah". The QFR article cited on this thread certainly does no such thing. That article deals only with the scriptural issue of Christian brothers taking their civil matters to court; it does not deal with criminal acts at all.
On the subject of the actions of elders: the society is responsible for all action of elders performed in their capacity as elders, period.
Laws of the land typically would not hold the Society to that high of a standard. Acting in their capacity or not, an elder that knowingly or inconsiderately acts outside designated policy cannot jeopardize the Society anymore so than a hospital can be held accountable for a physician doing the same. Sure, the elder (or physician) can be held accountable, but transferring that accountability back to the Society requires evidencing negligence on the Society’s part, whether that be by means of an inadequate policy, training or appointment. This is why my last post highlighted what it did as the main problem from a libelous standpoint.
To illustrate: I, as an employer, often send out my employees to clients. I do not know all of the actions that person will take at the clients. For all I know, they may spend the entire day using the client's computers to look at pornography. But, because I placed that employee as my agent at the client, I must assume the ultimate responsibility and consequences for all of the actions of that employee while he or she acts in that capacity.Your analogy is a false one. In the United States, which is where the Penn. Corp. of the Society must be sued, to be held libelous for your actions in almost every case, for an employee to libel your company then it must be evidenced that they were acting as you would have them act or that you knew of their reprehensible actions and did nothing about it. All by themselves your employee’s actions need not jeopardize you. Easily, if they acted inappropriately, you could hang them out on their own to whither.
1) If elders are incompetent; 2) if they do not follow the society's printed policy; 3) if they do not understand the society's policies or 4) sincerely misapply them: the society is still ultimately responsible and must accept the consequences.1) Yes. Your conclusion is correct.
2) No. In this case your conclusion is incorrect.
3) Maybe. In this case much depends upon the extent the Society took in deciding the individual’s qualifications and whether there was any reason for suspecting them.
4) No. In this case your conclusion is incorrect.
My comment:Your answer deals with elders. In this case elders are persons (elder or not) who are third parties to the criminal act. My comment was regarding persons who are either victims or witnesses to the act. Certainly in those cases the Society does not view a person as "spiritually weak" because they report a serious crime to legitimate law enforcement officials. Certainly the earlier cited Awake article contradicts your assertion here. Do you suppose that elders are instructed to tell publishers that they should act contrary to what is published in the literature in this regard?
For a fact the Society does not view it as spiritual weakness that a JW would report a serious crime to legitimate law enforcement officials whether the offender is a JW or not.Your reply:
I have to flat-out disagree here. The fact that elders are instructed to compulsorily report serious crimes only when there is a legal requirement demonstrates the society's preference: to not have such things reported. Someone reporting when not absolutely required by law will certainly be considered spiritually weak.
My answer is simple. In situations such as the one you describe, there should be no prerogative on whether to report or not. It should be compulsory at all times. Given the nature of these offenders, there is a high probability that they will abuse another victim. To not report is to endanger other children.That is simple enough to say, and I happen to agree with you. But when parents are in this terrible situation they oftentimes feel otherwise. The answer, then, is not so simple, and not even uniformly legislated among various secular jurisdictions as a result. On this point, noticeably you ignored answering one critical question. Again:
If you learned that a JW had abused your daughter but were concerned that reporting to law enforcement might make your daughter’s circumstances worse, would you feel free and comfortable seeking pastoral help from congregational elders if you knew they were obligated to report the crime whether you wanted it reported or not?
Don’t you see? If victims are afraid to seek out pastoral help then the question of whether elders should report becomes practically moot!
This is an emotionally loaded subject. All the more important for it to be considered without resorting to name-calling and insults.I could not agree more with you.
Friend