Pedophilia, slander, the process, culpability

by Marvin Shilmer 31 Replies latest jw friends

  • Marvin Shilmer
    Marvin Shilmer

    1. Jane Doe reports her suspicion to elders that her JW husband is sexually molesting their two daughters.

    2. JW elders initiate an investigation.

    3. Suspect husband denies the crime.

    4. Children do not corroborate the accusation.

    5. Medical examiners do not offer any corroboration of the accusation.

    In this case if Jane Doe went on to report her suspicions solely to secular authorities then current WTS policy does not suggest bringing an accusation of slander against her within is judicial process. This is because her accusation is not made outside of protected confidential sources. The same could be said if she were to make her accusations to a medical examiner of her children or to an attorney hired to offer legal counsel on the matter. BUT if Jane Doe made her accusations outside a protected agency then, according to WTS policy, a case of slander could be brought against her within the JW judicial system and in many secular jurisdictions too.

    When elders have sanctioned a JW who keeps their accusations within protected agencies then they have acted contrary to WTS policy. This happens all the time, and the WTS knows it. We see Brown actually deflecting hard questions with this bit of fact in his public comments on the subject. Here is the question: at what point is the WTS responsible for inappropriate actions of local elders?

    There are many avenues of defense here, but when an elder acts as they think they should and there is no WRITTEN policy against it or otherwise well understood, then they will most likely be viewed legally as acting as an agent of the WTS. There is an important legal aspect to split here, one I am sure barrister Anderson (of the Berry lawsuit) is more than well aware of. For example, since the WTS tells JWs to report cases of rape to secular authorities then any elder who advises otherwise is acting outside WTS policy and, in this instance, might not be viewed legally as an agent of the WTS’ policy. What this elder would be guilty of is acting contrary to WTS policy, and if found out should be at least warned of his offense, if not removed. If the WTS knew of such an incident and failed to take appropriate disciplinary action (warning and training, at least) then the WTS would be culpable in future cases where the same thing occurred, even though its WRITTEN policy says otherwise. So, every action of an elder may not be legally construeable as them acting as a WTS agent, but many can, depending on circumstances.

    On the question of WTS agent or not, agency is particularly evident when an ENTIRE body of elders acts in concert. This demonstrates common understanding. Whether a policy is WRITTEN is easy enough to find out—just check official records. But when an entire body acts in concert then one of two things is evident. 1- That actual WTS policy is as those elders acted or 2- that those elders have not been trained adequately for how they are APPOINTED to act. This means in cases where an entire elder body acts in concert that, WRITTEN policy or not, it is evident the WTS holds at least a measure of blame. Either they failed to provide adequate policy or else they failed to train appropriately for what they APPOINTED those elders to do. Either way the WTS is to blame.

    One of the problems facing the WTS in the Berry case is that prior to 1989 (I believe) the WTS did not provide very good WRITTEN policies to elders about how to handle cases of reported child abuse. This left individual elders and bodies of elders to act as WTS agents as THEY thought best. This led to many out of court settlements where the WTS settled civil claims by offering monetary compensation to victims. This avoided leaving a paper trail having the effect of establishing the WTS held culpability across the board when other elder bodies acted the same way. It was a cost cutting maneuver.

    If the Berry case goes the distance it could leave precedent leading to a virtual avalanche of these claims, with many of them being successful. The important precedent would not be that the WTS is responsible in the Berry case. Many factors could lead to that end for the Berry case. The important precedent would be that WTS policies were, at the time, legally insufficient or legally wrong and therefore the WTS is culpable. This precedent could bankrupt the WTS. For this reason we can expect WTS legal to fight harder to keep this precedent from being set than trying to avoid a simple judgment of culpability in the Berry case. Loosing the Berry case is not what bothers the WTS. Establishing WTS policy as inappropriate or inadequate is what scares them. Barrister Anderson knows perfectly well that if the Berry case can set the RIGHT precedent then he can go about the task of advertising for other similar WTS victimizations prior to 1989 with practical certainty of court sanctioned settlements.

    My two cents.

  • Pathofthorns
    Pathofthorns

    excellent post.

    Path

  • SixofNine
    SixofNine

    Hi Marvin,

    Where, within the writings available to me, formerly a rank and file JW, would I find a distinction regarding an "accusations within protected agencies" versus a plain ole "accusation" as regards slander?

  • Tina
    Tina

    Greetings Marvin,
    Thank you for the excellent post.
    I have a question.
    In the civil cases settled by the WTS,was a gag order inclusive to the plaintiff receiving monetary compensation?
    Something I've wondered as one will hear of cases from time to time.And then...........silence.
    Thanks again.Regards,Tina

  • MadApostate
    MadApostate

    Even IF everything you state regarding "agency" were correct (which it isn't), could you please enlighten us as to what "legally recognized" civil wrong the WTS could successfully be sued for?

  • Maximus
    Maximus

    In your excellent analysis, you use the term WTS, which conjures up a picture of some faceless monolithic organization, in actuality the top echelon of a hierarchy.

    The Berry Writ and Summons or complaint has clearly put a face on "the Society" for all to see.

    I'm struck with thoughts harking back to the thread on GB and Blood, and the Watchtower article about Cyril Lucaris (w 2/15/2000).

    About a ruling ecclesiastical class it says: "They proved to be among the worst enemies of religous freedom and truth. Sadly, this is a stance that in various ways survives even to our day." That's prescient.

    I hope enlightened readers will see clearly who is responsible for the policies that have reaped such ugly fruitage. Even if top decision-makers disagree among themselves about abuse policy, none can escape culpability.

    Watchtower has settled cases before, and it could win or lose one. Can it afford to lose its market? Follow the money: to survive they need income to continue. What if the public decides it no longer wishes to purchase the magazines and publications of WTS?

    The battle is now over a case and future precedent. It's the war that they cannot afford to lose.

    Maximus

  • Marvin Shilmer
    Marvin Shilmer

    Hi, SixofNine!

    The Watchtower of August 15, 1997 made the point that it is not slander for a single witnesses to report a sin (crime in this case) to those having authority and responsibility to oversee and correct matters. The issue article was specifically speaking of congregational authority, but the same holds true for secular authority as shown in the WTS’ counsel for victims of a crime like rape to report it as soon as possible to secular authorities. Oftentimes cases of rape are one person’s word against another, but the WTS does not consider this reporting to authority to be slander. (Ref. March 8, 1993 Awake, How to Cope With Rape)

    Hello, Tina.

    The WTS likes to have gag orders in place in settlement of civil suits. I don’t know that this is always the case, though. Sometimes a case is already notorious, so settling it sends a signal all by itself. For that reason, notorious cases are not all that important to put a full gag order in place. The individual already screamed foul loud and clear, and everyone knows it. From a purely business perspective it becomes more important in these cases to put a gag on the settlement amount. The settlement language will make clear that no guilt is being admitted or implied by the offer. So both sides can go on telling their own version of events as loud as they want, but the accuser looses the ability to prove their case in open court. Eventually everyone just gets tired of listening and the case dies a slow death in the public eye.

    Greeting, MadApostate.

    Got news for you: the ONLY WAY actions of congregational elders can invite suits against the WTS is through them acting as agents for the WTS. If the WTS can show elders were not acting in their appointed capacity during a deed, or if they can show elders were not acting in accord with KNOWN policy, then they have a defense against this connection.

    The WTS has been successfully sued for character assassination. Usually this happened in cases where elders publicly announced just a little too much in the course of a judicial proceeding, like specific reasons a person was disfellowshipped. The WTS was sued because those elders were acting as agents of the WTS during the announcement. If Anderson can show elders acted inappropriately AND as agents of the WTS during the inappropriate action then he has set a precedent that will haunt the WTS’ purse.

    Hi, Maximus!

    I liked that article about Patriarch Lucaris too! Did you notice the article mentioned how he corresponded with "reformers"?

  • Maximus
    Maximus

    .

    *** w95 6/15 20 "Sacred Service With Your Power of Reason" ***
    8 A second way in which we can cultivate our power of reason is to avoid
    adopting rigid, dogmatic viewpoints. An inflexible outlook hinders the growth of our power of reason.

    Huh?

    Max

  • SixofNine
    SixofNine

    Thank you Marvin. Ever feel like you are hosting a tv or radio answer show, "Lets Talk Talmud"?

    From a biblical standpoint, I can't see a justification for any such distinction. And from a moral standpoint, each member of the congregation needs to be able to "deal with" the issue of a child molester, rapist, whatever, on a personal basis.

    Oh what a tangled web we weave, when first we practice to assume Gods name.

  • MadApostate
    MadApostate

    Marvin:

    Isn't it a "given" that WTS-appointed elders are "agents" of the WTS anytime they perform a duty required of an JW elder? The squabble over whether they are "correctly" following orders is not relevant to that definition. Have you ever heard of "apparent agency"? (Its one of the first legal principles employers learn.)

    You did not answer my question regarding what legal civil wrong the WTS or its elders were guilty of in this case.

    As for your statement that the WTS had been successfully sued for "character assassination" for too broad DF announcements, I can only respond that everyone knows that truth is an absolute defense to a slander lawsuit. Thus if the WTS had ever lost such a suit, that would mean that the JC had made a mistake and the DF would have to be nullified. Can you point to a specific instance of such?

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