Victoria, Australia: Report on Oct. 11th hearing involving Steven Unthank

by AndersonsInfo 156 Replies latest watchtower child-abuse

  • mind blown
  • Band on the Run
    Band on the Run

    I read the New York Times daily and legal journals (websites; blogs; not law school law reviews) frequently. This case is insignificant but it poses questions that cut across all religions. The New York Times reporters and many blogs find small, interesting (quirky is exactly the right term) to illustrate larger issues. These articles or blogs use these odd cases as a literary device to write about the reporters' interests. It allows the writer to opine for many paragraphs.

    This case has those issues. Church/state issues are a perennial favorite of the media. This case poses a striking question: society wants to encourage the free exercise of religion. It is a basic human right. When can a society say that regardless of religious belief, we penalize you or imprison you for noncompliance with a law that promotes an extremely important, urgent agenda of government - here, the sexual abuse of children. Children are utterly defenseless. The state has a much heightened interest in protecting them than if it were adult abuse.

    Warren Jeffs, sitting in prison, is clear proof that religion can not be a get out of jail free pass for crimes. Polygamy laws are const'l! (Altho probably not for much longer b/c of changing society mores). Recently, a small group of Native Americans brought a case before the U S Supreme Court. They clearly are a valid religion, not a front for crime. Peyote use is forbidden by federal law. The Native practices go back to time immemorial. It is a central piece of worship. The Court held that the US could ban peyote absolutely. My personal op'n is that this case stinks. It shows, however, that laws of neutral applicability with no legislative intent to harm a religion are valid. Free Exercise is rarely constrained; there are exceptions.

    The jurisdiction issues are also interesting, particularly an extraterritorial grant of jurisdiction to New York. The United States is very opposed to this international trend.

    David beating Goliath has legs. This case is very different from others I have read about on this forum. It is not an antiJW or minority religion issue. Marketing is a problem. Letters to the editor of Australian newspapers might help.

    I fear some sort of procedural strategy to compromise. Now we are only dealing with past conduct rather than preventing present and future harm. The Watchtower letter to the elders was no coincidence. The major victory is already won.

  • sizemik
    sizemik

    Child protection is still a hot issue in both NZ and Aust. Also, this is a first prosecution under new legislation . . . and a private one which is rare in criminal cases. Unless some major news item is dominating the press at the same time as the case is ruled on . . . I will be most surprised if it slips under the radar completely. But of course . . . I have a bias in my optimism.

  • JeffT
    JeffT

    Interesting comments BOTR. The Jeffs case is that it is really about child abuse, not polygamy. Frankly I don't care what consenting adults do, and somewhere down the road the law won't care anymore either. I care a lot about somebody that hurts children, and no religion should be able to claim abuse as religious privelege.

  • mind blown
    mind blown

    Well, it seems WTS attorney has swatted the horents nest...in more way then one....

    The BG has always bought their way out of showing up in court.....well guess what.....

    .Accused: GOVERNING BODY OF JEHOVAH’S WITNESSES

    The accused failed to appear and was not represented by legal counsel.

    Results: "The Magistrate recommended" that each member of the Governing Body of Jehovah’s Witnesses also be individually charged over breaches of the Working with Children Act. The case was adjourned for four weeks. If the accused fails to appear at the next hearing then warrants can be issued for their arrest.

  • mind blown
  • compound complex
  • Band on the Run
    Band on the Run

    The problem is that the Governing Body cannot be penalized in Australia. The court can only seize property or individuals in Australia. I think the GB does not care if they can't visit Australia.

    I'm curious as to whether such a case could happen in the United States. Fifty states and a federal government makes it much harder to research.

    I understand about Warren Jeffs. No one expects that polygamy being a crime could survive a Supreme Court challenge. I'm also curious why some polygamists just don't raise the issue. My point is that it is possible to stop a religious organization from using religion as an excuse to break the law. The next item I wonder about is why the WTBTS decided to not have elders comply with the law. Regardless of what happens in court, they lost in a major way. They may be afraid of opening the door even a miniscule amount. Someone posted that they are not used to this legal terrain.

    They may know the letter of the law but any law student or paralegal can also do it. This case shows a strategy error and a lack of savyness. I also question how their lawyers can be be devout JWs and also lawyers b/c the thinking skills are strikingly different. The Roman Catholic lawyers representing the Church erred in the same way. Writing to the elders to comply now is much worse for the WTBTS than any issues raised by complying all along.

  • mind blown
    mind blown

    If A Magistrate judge finds sufficient evidence to establlish probable cause that there has been crimes commited and the GB doesnt show up they can t be extradited to face charges. It can be taken a step futher to International Criminal Court.

  • mind blown
    mind blown

    correction in typo......GB "can" be extradited to face charges.

Share this

Google+
Pinterest
Reddit