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

  Yes, how dare I bring out facts. Facts such as one case where a person confessed to a minister that he abused a child, and that the minister wanted to do the right thing and report it, but the appeals court found that the testimony of the minister and her reporting it was a reversible error by the trial court and remanded it back to the court for a whole new trial. Courts have found that even if the person is being punished by the religion the information is still privileged or that if a report is made to the national headquarters of a religion again still privileged or if there are more than one minister hearing the confession again still privileged. Even with witnesses, the MacFarland court ruled that letters from elders to the service department that was sole of a religious nature were privileged communication. So again it depends on how the statute is written.
• 
  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 person speaking's intent is key. If someone dresses up like a catholic priest and takes confession and isn't a catholic priest, would the court allow him to give testimony because the person doing the communication thought that he was seeking spiritual help? So intent is very important when it comes to 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

  Anyone can sue anyone for anything. But they would have to climb over a mountain of precedents. Anything is possible but is it likely I really doubt it. In fact, I like it how one of the Justices in the Stratton case during the oral arguments made the statement that just because something is novel doesn't make it good. It may be a novel thing to get a judge to break with a century of jurisprudence but that doesn't mean it is good case law and would stand up in the higher courts.
• 
  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

  All of those settlements it is just speculation that Watchtower paid out millions of dollars no one knows. And it is extremely common for people to either settle out of court or in the cases of criminal cases please no contest. And the use of no contest in a criminal matter cannot be used in a civil case to show guilt because nothing was ever proven, so the same thing applies with a settlement, nothing was ever proven.
• 
  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

  Outlaw please give instances of over and over losing millions of dollars with actual facts, not what jwfacts says or barbara anderson. a legal document that says that watchtower paid out millions of dollars.
• 
  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

  It depends on what state or country you are in and how the statute is written. In some states, it doesn't matter if other people hear you the privilege still exist. In many times it is based on the parishioner's expectation. Only the parishioner can revoke 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!.

  1. 
  2. 
  3. 
• 

  Richard Oliver

  Then point to another case where Watchtower was held liable by either a jury or a judge other than the Conti case. If there are all of these this should be the simplest argument. I can give you a list of cases that Watchtower has won.
• 
  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

  Again it doesn't matter if a church says you are a member of the clergy or not. The law defines what a clergy member is when it comes to privilege.
• 
  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

  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!.

  1. 
  2. 
  3. 
• 

  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.