The question is not, Does a religious organization have the right to impose judicial proceedings on its members? Obviously it does.
Rather, the question should be, Is it right to impose the jurisprudence of admittedly flawed and untrained humans in an area that is one of the most sensitive of the human condition? Is there a moral imperative that ignores the developed skills of society; that is, we know how to handle it better than they because Holy Spirit has appointed us?
We have a clear perspective, we who have watched the legalistic monster bludgeon common sense in an idealistic scenario of loving shepherds guarding the flock. That's strictly a supratentorial concept. See the thread Special Judicial Committees.
To think that Israelites similarly handled delicate issues appropriately is absurd. Unless one thinks that rocks thrown delicately or in a loving spirit, with specific intent to kill, is Christlike.
Some points from the thread noted above.
An old hand at sitting on special committees, I can tell you that thoughtful men at some point start to ponder what role Holy Spirit plays in what almost by definition are travesties of justice. One either becomes inured, calloused to the obviously human system, or ripped open inside with the reality that we are enacting some medieval morality play. Through the years, sensitive and thoughtful men start to duck being a part of judicial proceedings.
We all hope the new Flock book will revamp the system rather than add to accreted policy. Otherwise the org will continue to reap negative consequences. In my experience it is extremely difficult for anyone who has associated for a long time to think in terms of anything other than organization/organization/organization. We see all Scripture through that filter, and even scriptures that apply just to individuals become hugely distorted.
It's easy to crow about JW "higher standards" of behavior in keeping the organization clean. I've seen many posts stating JWs are no different than Catholics, Episcopalians, Presbyterians and the like when it comes to protecting child abusers. That's simply not true. (Adventists have real problems, but that's another story.)
It may shock you to learn that Babylon the Great has some very enlightened approaches. I don't have the time to produce an essay on the subject, but I'd like to cite a point or two from a short manual used globally used by one of the groups cited above. It's for those who do any lay teaching or have interaction with small groups within the church. Note the emphasis on individual responsibility.
While you read it, imagine: Babylon the Great insisting on high moral ethics, individual "Christian" behavior ...
Two guidelines are given: First, ANY complaint must be taken seriously and dealt with promptly, even from a child. The second is that the leader and the group must not get caught up in keeping secrets or rigid procedure.
"Most sexual misconduct becomes seriously harmful when the person receiving unwanted attention or abuse is ignored and when the behavior is kept secret. It is important for us, as Christians, to find ways to confront sexual misconduct and abuse in ways that quickly and firmly say, 'No, this behavior is not acceptable and will not be tolerated.'
"The Christian community must provide clear boundaries and enforce them. ('We are going to notify and cooperate fully with the authorities and seek professional guidance in the matter.')"
"These situations are not opportunities to become moralistic .... Excessive moralistic 'preaching' often drives the perpetrator into deeper denial, away from accepting responsibility for his or her action and even away from the community in which they can be held accountable."
Psychopaths/sociopaths are differentiated from "recovering" pedophiles, and even this former category is considered to have need to be "in a covenanted relationship with members of the larger [Christian] community who will help them control their behaviors."
"The community has to make sure that the individual with uncontrollable behaviors (e.g., having sex with children/youth) always has someone with him or her while in the community, and that a significant number of people are able to be consistent in being absolutely honest with the person about his or her behavior. Recovering pedophiles need a 'buddy system' to function appropriately in the community and to enable the community to be comfortable with and accepting of the person."
"There is a danger of subtly pressuring the injured person to be reconciled to the offender because it makes everyone feel better. The injured person determines what he or she needs to heal and when she or he is ready for reconciliation. "
The community must support the injured person in their healing; expect confession, making amends, and "amendment of life" of the offender; and develop ways of enabling the reconciliation of all persons involved.
"The process needs to be open, honest, and loving, and yet very serious. It will take time and tears and be painful. But it can be both healing for the community and individuals and also helpful for others to see how they too can acknowledge their sins, make amends, seek amendment of life."
Latter defined as seeking therapy on one's own, joining self-help group; taking medication; removing self from situations such as touching or holding children, change jobs, change lifestyles, whatever it takes.
"Feel the guilt and sorrow that comes with seeing the pain you have caused; accept responsibility for your actions."
"The ministry of reconcilation, which has been committed by Christ to his Church, is exercised through the care each Christian has for others."
I choose not to get embroiled in badinage, but I did want to present this material. I assure readers that the Dateline program will fairly present ample evidence of the flaws in the JW judicial process. Some ugly human aspects will be exposed in the presentation.
Maximus