“On July 15, 2006, [J.W.] and three other girls were invited to a slumber party at [Simental’s] home. [Simental] had a daughter near the age of [J.W.] and the other invited girls. [¶] During that afternoon, [Simental] joined the girls in a pool in the backyard. While in the pool, [Simental] sexually molested [J.W.] and another girl (Doe 1) in separate incidents. Doe 1’s sister, Doe 2, had previously been molested on two occasions by [Simental].” Doe 1 and Doe 2 told their mother about Simental molesting them. The mother contacted an elder of the congregation, and a judicial committee was convened. Simental admitted he molested Doe 2 on two occasions, and that he molested Doe 1 twice on July 15. The judicial committee reproved Simental. The principal of Doe 1 and Doe 2’s school was notified of the abuse, and s/he reported it to law enforcement. Approximately two months after July 15, J.W.’s parents received a telephone call from the Murrieta Police Department asking if Simental sexually abused J.W. J.W.’s father (Father) spoke to the elders of the Mountain View congregation who advised Father that J.W. did not have to speak with the police. J.W. and her family began attending a different congregation—the French Valley Congregation of Jehovah’s Witnesses. Unbeknownst to J.W. and her family, Simental also moved to the French Valley congregation. Approximately one year after July 2006, J.W. informed her parents of the extent of Simental’s sexual touching. J.W.’s parents spoke to the police and then to the elders of the French Valley congregation.
The elders came to J.W.’s home and “interrogated JW, who was approximately ten years of age, about the abuse in explicit detail. JW, and her parents, were very upset by the explicit nature of the questions asked, and the depth to which the Elders probed for information.” Father told the elders that he was thinking of requesting a restraining order against Simental. The elders told Father that he did not need to speak to the police, “and that to do so would bring reproach on the congregation.” In two criminal cases, Simental was found guilty of molesting Doe 1, Doe 2, and J.W.2 J.W.’s first cause of action was for negligence. J.W. asserted Watchtower had a duty to protect J.W., who was entrusted to Watchtower’s care by J.W.’s parents. J.W. asserted Watchtower had a duty to control Simental and prevent him from sexually molesting children. J.W. alleged that Watchtower was “aware, prior to the sexual abuse of [J.W.] herein, of [Simental’s] dangerous and exploitive propensities. [Watchtower was] also aware that [it] had the ability to place restrictions on [Simental’s] access to children, service and preaching activities, give warnings to the congregation, and otherwise control Simental’s conduct.”
Watchtower's defense is that the slumber party was not a watchtower sponsored event and I stopped reading after that.
