Mandated reporting is one thing and privilege is another. Privilege existed at common law. I think the key component is what the parties expectation was concerning privacy and confidentiality. If no confidentiality existed, there is no reason for the privilege. It puts you on guard to watch your match with certain people and freely unburden yourself with others.
I'm curious just how the Witnesses' process differs from Roman Catholic and Protestant churches. The Witness claim isn't so crazy to me but I don't know the behind the scenes maneuvering. The elders would be the very last people my family would ever consult. I suppose another factor is why one isn't enough. Sometimes you can pile on translators or parents but it is difficult.
My entire life I was interested in Catholic confession. A few weeks ago I was in the cathedral in the nearest city. The confessional booth was there and no one was around so I opened it and snooped some. No hocus pocus. It just seemed extremely uncomfortable.
I agree that it is audacious to claim there is no clergy class and then claim the privilege. If I were a judge, I would note that. Also, others here have written about vicarious liability problems b/c the WTBTS assumes no responsibility for the workings of KH. They don't have a coherent legal theory. It is mish mash.