Ah, the ubiquitous “some say.” (Norm wrote a wonderful article about “some” as it appears in Watchtower literature. Perhaps he will post it.) When I see “some say” combined with the poignant image of Sunday School teachers possibly going to jail, I detect an attempt to influence my opinion before I even know the facts.
My French leaves much to be desired, but here is a rough translation of some parts of the article that interested me.
The Ambiguities of the Concept of Mental ManipulationLe Temps, April 28, 2001, by Patricia Briel
Can one be mentally manipulated? . . .
. . . the concept of mental manipulation is far from achieving unanimous acceptance. Some think that it should be part of the judicial arsenal. Others think that it does not exist, and that the individual remains responsible for his acts until the end.
In the last few years, some European countries such as France, Belgium, and Italy, judging that the legislation in force had become insufficient to fight against cults, began to consider the introduction of an offense of mental manipulation. The French bill About-Picard, adopted in June 2000 by the National Assembly, thus envisages the creation of an offense of mental manipulation, defined as follows: ". . . within a group which pursues activities having as their goal or as their effect to create or to exploit the psychological or psychic dependence of persons who take part in these activities, to exert strong and repeated pressure on a member, or to use some suitable technique to deteriorate one’s judgment in order to lead one, against one’s will or not, to an act or an abstention which is gravely harmful to the individual."
. . .
In Geneva, the Department of Justice and Police and Transport thinks of the creation of a definite offense in a similar way. For the lawyer François Bellanger, president of a group of Genevan experts who considered the question, "Mental manipulation is a reality. But it is true that the subject is an extremely difficult one to regulate. It is necessary to distinguish between daily mental manipulation, because we all are manipulated to varying degrees (by publicity, for example), and criminal manipulation. For the latter to take place, one needs a repeated and systematic physical and psychic action on others with the intention of weakening one’s capacity for judgment or placing a person in a state of dependence.”
. . .
According to Roland Campiche, director of the Observatory of Religions at the University of Lausanne, "A cult does not exist without the approval of its disciples," by which he means that a cult does not exist without free and voluntary adherence. The sociologist denies the existence of mental manipulation: "The American experts who studied this concept concluded that it lacked substance, and that the individual remained capable of understanding while he was engaged in a cult. That said, one cannot disregard the exploitation by the cults of a momentary weakness of a person. But beyond that, individual responsibility is still involved. We live in a society where individual responsibility is strongly valued and displayed. So why would people not also be responsible [for their actions] in the field of religion?"
Daniele Hervieu-Leger, sociologist of Religion at the School of Higher Studies in Social Sciences in Paris, is of the same opinion: "From a legal point of view, the offense of mental manipulation incriminates practices for which it is impossible to determine at what time they take effect. In this debate, one too often forgets, when one speaks about the victims, that they are individuals who made a choice. Initially it is believing subjects who act."
In a recent book, the sociologist protests against the theory of manipulation, which "postulates that the individual who chooses to enter a cult exerts, in fact, no autonomous will."
Jean-Luc Barbier points out that certain cults mislead followers by not clarifying their intentions from the very start. "A person does not freely choose to be swindled, or advance that end. Sometimes when I read that the victims to some extent were looking for what they got, that makes me furious. That’s the same as affirming that girls who wear miniskirts and who are raped were looking for that as well."
While he does not deny the responsibility of the individual who enters a cult, he does, on the other hand, judge that that this is small compared to that of society, which does not provide enough information about the danger of cults. Rather than the creation of an offense of mental manipulation, he would rather see an increased effort at prevention.
[Edited again to change "sect" to "cult," in accordance with popular current usage in France, according to the following site.]