To help make things clearer as to the Watchtower's stand on Deuteronomy 22 it helps to go back to the Letter that G Jackson signed and sent to the ARC, the Watchtower said
3: Exp!anation of Deuteronomy 12:25-27 15. At TJ5970-15974, Counsel Assisting suggested that the requirement of at least two witnesses in relation to cases of sexual abuse had no proper Scriptural foundation, relying upon references to Deuteronomy 22:25-27 to support this proposition.
16. While these verses might appear to be an exception to the Scriptural requirement that there be at least two witnesses to establish a matter, that is not a correct reading of the passages.
17. Five chapters earlier, at Deuteronomy 17:6, the Mosaic Law clearly states without exception: "On the testimony of two witnesses or of three witnesses the one who is to die should be put to death. He must not be put to death on the testimony of one witness." And in Deuteronomy chapter 19, verse 15, it says: "No single witness may convict another for any error or any sin that he may commit. On the testimony of two witnesses or on the testimony of three witnesses the matter should be established. "
18. It is important to note that the two contrasting situations in verses 23 to 27 of Deuteronomy chapter 22 do not deal with proving whether the man is guilty in either situation. His guilt is assumed in both instances. In saying that he: "happened to meet her in the city and lay down with her" or he: "happened to meet the engaged girl in the.field and the man overpowered her and lay down with her ". in both instances, the man had already been proved guilty and worthy of death, this being determined by proper procedure earlier in the judges' inquiry. But the question at this point before the judges (having established that improper sexual relations had occurred between the man and the woman) was whether the engaged woman had been guilty of immorality or was a victim of rape. This is a different issue, although related, to establishing the man 's guilt.
19. The elders had guidance in determining if any guilt should be charged to her. In the second instance (verse 27), the woman would not die, "for he happened to meet her in the field, and the engaged girl screamed, but there was no one to rescue her". Such a cry for help might be admitted by her assailant, which would confirm her claimed innocence. On the other hand, if the assailant denied that the woman had screamed for help, the judges would not have a basis for refusing her claim, since, in effect, it would be her word against his and there was no one nearby either to rescue her or to serve as a witness one way or the other as to her scream for help. Thus, the judges would not have a basis for taking any action against her because any claim contrary to her professed innocence could not be established by two or more witnesses. The woman, as claimed, would be judged innocent. In that case (verses 25 and 26), "the man who lay down with her is to die by himself. and you must do nothing to the girl. " This is because (verses 26 and 27): "{t}he girl has not committed a sin deserving of death. This case is the same as when a man attacks his f ellow man and murders him. For he happened to meet her in the field, and the engaged girl screamed, but there was no one to rescue her. "
20. So it is not as though the woman at this point in the inquiry is seeking to prove the man's guilt and finds herself as the only witness against him. However, it is of interest that the raping of a woman is said to be "the same as when a man attacks his fellow man and murders him." (Deuteronomy 22:26) Thus, the crime of rape is made parallel to murder, equated not only as to reprehensibility but also evidently as to being established by the same Scriptural rules of evidence, which included having the testimony of two witnesses (Numbers 35:30).
21. Understandably, there is concern in child abuse situations because there is seldom an additional eyewitness to such a crime. Even in those circumstances, the Christian congregation does not ignore the accusation. I refer the Royal Commission to the testimony of Mr Rodney Spinks of the Service Department in which he set out the further protective steps which are taken following an allegation. In addition, in those jurisdictions with mandatory reporting, elders would be required to report accusations regardless of the number of eyewitnesses.
Here again, the Watchtower says
Thus, the judges would not have a basis for taking any action against her because any claim contrary to her professed innocence could not be established by two or more witnesses. The woman, as claimed, would be judged innocent. In that case (verses 25 and 26),
But apparently, the mans guilt could be established even though there was a definite lack of two or more witnesses.