Richard Oliver

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Posts by Richard Oliver

• 
  25

  If an elder decides he wants to report child molestation to police.

  by poopie in

  1. jw
  2. friends

  can he be sued for violating clergy pertinent privilege by the person that confesses to him?.

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• 

  Richard Oliver

  2010 California Code
  Evidence Code
  Article 8. Clergy Penitent Privileges

  EVIDENCE CODE
  SECTION 1030-1034
  

  1030.  As used in this article, a "member of the clergy" means a
  priest, minister, religious practitioner, or similar functionary of a
  church or of a religious denomination or religious organization.
  
  1031.  As used in this article, "penitent" means a person who has
  made a penitential communication to a member of the clergy.
  
  1032.  As used in this article, "penitential communication" means a
  communication made in confidence, in the presence of no third person
  so far as the penitent is aware, to a member of the clergy who, in
  the course of the discipline or practice of the clergy member's
  church, denomination, or organization, is authorized or accustomed to
  hear those communications and, under the discipline or tenets of his
  or her church, denomination, or organization, has a duty to keep
  those communications secret.
  
  1033.  Subject to Section 912, a penitent, whether or not a party,
  has a privilege to refuse to disclose, and to prevent another from
  disclosing, a penitential communication if he or she claims the
  privilege.
  
  1034.  Subject to Section 912, a member of the clergy, whether or
  not a party, has a privilege to refuse to disclose a penitential
  communication if he or she claims the privilege.
  

  
  
• 
  37

  The Governing Body WILL be sued in America collectively and individually in the near future!

  by notsurewheretogo in

  1. watchtower
  2. beliefs

  so lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .

  interesting stuff but no details!.

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  Richard Oliver

  I agree that in the Conti case that Watchtower did lose 2.8 million but the ruling is what mattered that they have no duty to warn or duty to protect. Also, a number of other cases even before the Conti case were won by Watchtower in the summary judgement portion. And the latest case is the Lewis case where again the court ruled that she could not prevail because Watchtower had no duty to protect.
• 
  25

  If an elder decides he wants to report child molestation to police.

  by poopie in

  1. jw
  2. friends

  can he be sued for violating clergy pertinent privilege by the person that confesses to him?.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  The law defines what a member of the clergy is and what is privileged communication. It doesn't matter if someone views themselves as a member of the clergy or not, the law says that they are or not.
• 
  37

  The Governing Body WILL be sued in America collectively and individually in the near future!

  by notsurewheretogo in

  1. watchtower
  2. beliefs

  so lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .

  interesting stuff but no details!.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  Please explain how Watchtower did not benefit from the appeals ruling. Yes they lost 2.8 million but the court ruled that there is no duty to protect or duty to warn.
• 
  25

  If an elder decides he wants to report child molestation to police.

  by poopie in

  1. jw
  2. friends

  can he be sued for violating clergy pertinent privilege by the person that confesses to him?.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  He could be sued for Clergy Malpractice. Also depending on how severe the violation is and if the court determines that the privilege prevents the use of that testimony, There is a possibility that any evidence that is derived from that report would be inadmissible. It is the fruit of the poisonous tree doctrine. It is more a rule of civil procedure than a matter that can be brought by a private action.
• 
  37

  The Governing Body WILL be sued in America collectively and individually in the near future!

  by notsurewheretogo in

  1. watchtower
  2. beliefs

  so lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .

  interesting stuff but no details!.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  Again name one case. I can name a whole string of cases that Watchtower won on summary judgment. And just as you say that Watchtower feared to lose the person who accepts the settlement may have feared to lose too. In the Conti case, in fact, it was a victory for watchtower. It showed that Watchtower did not have a duty to warn or a duty to protect.
• 
  37

  The Governing Body WILL be sued in America collectively and individually in the near future!

  by notsurewheretogo in

  1. watchtower
  2. beliefs

  so lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .

  interesting stuff but no details!.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  Religious abstention policy would come in effect with cases such as shunning and blood issue. A Church cannot be held responsible for what has said if it is in the promotion of their truly held religious beliefs.
• 
  37

  The Governing Body WILL be sued in America collectively and individually in the near future!

  by notsurewheretogo in

  1. watchtower
  2. beliefs

  so lloyd evans aka cedars says on his facebook page when he attended a reveal jw child abuse event.. .

  interesting stuff but no details!.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  Other than the conti case please name a case where a jury found that Watchtower was liable for something and that it wasn't reversed on appeal.
• 
  31

  Circuit Overseer's Idiotic Comment

  by FedUpJW in

  1. watchtower
  2. beliefs

  at last night's clam the circuit overseer made this comment, "we elders sometimes have to act as judges in the congregation.

  but we (the elders) are imperfect, and so cannot know everything about judicial matters.

  that is why we (the elders) have the biblical rule that there must be at least two witnesses to wrongdoing.

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• 

  Richard Oliver

  And getting legal advice on Child abuse is just smart. Just take the State of Illionis for instance. The child abuse statute defines child abuse as:

  "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

  (c) commits or allows to be committed any sex offense

  against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending those definitions of sex offenses to include children under 18 years of age; Please note that the definition of child abuse requires that the perpetrator is the parent, someone who lives in the home or is responsible for the welfare fo the child. In Doe1 v North Central Behavioral Health Systems the Appeals court ruled that because the perpetrator did not fall under one of those categories the children were not victims of child abuse but were victims of sexual assault. So the therapists were not required to report the matter because it was not child abuse.
• 
  31

  Circuit Overseer's Idiotic Comment

  by FedUpJW in

  1. watchtower
  2. beliefs

  at last night's clam the circuit overseer made this comment, "we elders sometimes have to act as judges in the congregation.

  but we (the elders) are imperfect, and so cannot know everything about judicial matters.

  that is why we (the elders) have the biblical rule that there must be at least two witnesses to wrongdoing.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  Londo it was on the ARC Website. It was the document on the website Called WAT.0024.001.0001. Watchtower Document is called Protecting Minors from Abuse Dated August 1, 2016. The applicable parts is:

  5. Legal Considerations: In some jurisdictions, individuals who learn of an allegation of child abuse may be obligated by law to report the allegation to the secular authorities. In all cases, the victim and her parents have the absolute right to report an allegation to the authorities.—Gal. 6:5; ks10 chap. 12 par. 19.

  6. To ensure that elders comply with child-abuse reporting laws, two elders should immedi-ately call the Legal Department for legal advice when the elders learn of an accusation of child abuse. (Rom. 13:1-4) A call should be made even when both persons involved are minors. The elders should not ask an alleged victim, the accused person, or anyone else to call the Legal Department on the el-ders’ behalf. The elders should call the Legal Department even in the following situations:

  • The alleged abuse occurred many years ago.

  • The alleged abuse is based on the testimony of only one witness.

  • The alleged abuse is believed to be a repressed memory.

  • The alleged abuse involved perpetrators or victims who are deceased.

  • The alleged abuse is believed to have already been reported to the secular authorities.

  • The alleged perpetrator or victim is not a member of your congregation.

  • The alleged perpetrator is a non-Witness associating with the congregation.

  • The alleged abuse occurred before the alleged perpetrator or victim was baptized.

  • The alleged victim is now an adult.

  • The alleged abuse occurred in the past, and it is unclear whether your congregation elders ever called the Legal Department for direction.

  7. The Legal Department will provide legal advice based on the facts and the applicable law. If the individual who is accused of the child abuse is associated with your congregation, the two elders calling should provide the Legal Department with the individual’s date of birth and, if applicable, his date of baptism. After speaking with the Legal Department, the call will be trans-ferred to the Service Department so that the elders can receive further assistance.