It is amusing that the Commission included the fact that the growth of the numbers of JWs in Australia was not keeping up with it's population growth
Over the past 25 years, the active membership of the organisation in Australia has grown 29 per cent from approximately 53,000 members in 1990.51 In the same period Australia’s population growth has been approximately 38 per cent.52
Their failure to report child abuse crimes in the State of New South Wales is being addressed and will be further addressed later on. This is what Angus Stuart was going to report the Watchtower's Lawyer, Mr Toole for failing to do.
Evidence Act 1995 (NSW). We do not accept that an elder of the Jehovah’s Witness organisation will never be obliged to report his knowledge or belief that child sexual abuse has been committed. Particularly where the abuser confesses to their crime, the obligation to report is compelling. The Royal Commission will consider further the issue of the protection of the confessional in a later public hearing
This again, will really put them in the hot seat because this Act goes way beyond the obligation to report Child Abuse, it is likely that it includes reporting many other crimes, such as rape. Ignorance of the law is no excuse in Australia and if the Org. accepts that they in fact do have an obligation then biblicly they would be required to report all past crimes as required under the legislation.
Will the Watchtower be prepared to wait until they are charged with this failure so that it can be tested out in court or will they voluntarily obey the law? It's a big gamble because this Commission is telling them directly that they are failing in adhering to the Law.
The Commission continues to explain why the two witness rule is not adequate
Regardless of the biblical origins of the two-witness rule, the Jehovah’s Witness organisation’s retention of and continued application of the rule to a complaint of child sexual abuse is wrong. It fails to reflect the learning of the many people who have been involved in examining the behaviour of abusers and the circumstances of survivors. It shows a failure by the organisation to recognise that the rule will more often than not operate in favour of a perpetrator of child sexual abuse, who will not only avoid sanction but will also remain in the congregation and the community with their rights intact and with the capacity to interact with their victim.585
This leaves the organization in a serious quandary and one that I expect the Commission might try to help them address. The Commission acknowledges the fact that the org. continues to be firm in it's resolve not to change the two witness rule.
Although it sees it as archaic and in need of changing there may be other ways of working around this. The rule, in itself, does not prevent the organization from reporting accusations and this may be another reason why the Commission wants to further delve into 'confessional privileges'. As it is, the Commission points out that their internal processes fall short in a number of areas.
The report indicates that they want the organization to take the initiative in reporting and the benefits of doing so.
Reproval and disfellowshipping are not effective mechanisms for protecting children in the congregation and in the broader community.
There is no evidence before the Royal Commission that the Jehovah’s Witness organisation has properly considered that risk in developing its precautionary measures for dealing with known or alleged perpetrators of child sexual abuse.
If it wasn't clear enough for Watchtower to recognize how they are protecting the abuser throughout this report and proves it with factual information, it is clearly noted by this comment.
A survivor of child sexual abuse may therefore be faced with the impossible choice between staying in an organisation which is protective of their abuser in order to retain their social and familial network and leaving the organisation and losing that entire network as a result.634
How sad it is to remember Lett's words when he scoffed at the idea that some people are of the belief that they are permissive towards pedophiles.