Are ALL adult publishers w/ knowledge of child abuse liable....

by avishai 17 Replies latest watchtower child-abuse

  • avishai
    avishai

    In mandatory reporting states? I know at various times they've said you are an "ordained minister" if you are a publisher, other times only pioneers.. What's the policy now? Who's ordained and who's not? I say adult because ordainment is'nt "Legal" until you are 18 in the US. What I'm getting at is in some states all ordained ministers are mandatory reporters, and since everyone, or at least the pioneers are "ordained", if they had knowledge, they too would be liable, not just "elders" as they say they have no clergy class. The way I see it, they can't legally have it both ways...

  • avishai
    avishai

    BTTT
    Sorry i'm bttt ing this so quick, but, i'm kinda trying to find out opinions in a hurry. I guess it's the impatient leo rising in me...

  • avishai
    avishai

    bttt

  • loosie
    loosie

    Well in my opinion. all adults ordained or not should be responsilble for reporting child abuse. afterall we are adults aren't we?!?!!?

    But you know how the WT works.. they twist things to suit them.

    here is the wiki definition of ordained

    In general religious use, ordination is the process by which individuals are consecrated, that is set apart as clergy to perform various religious rites and ceremonies. The process and ceremonies of ordination itself varies by religion and denomination. One who is in preparation for, or who is undergoing the process of ordination, is sometimes called an ordinand.

  • wha happened?
    wha happened?

    typical double speak topic. To Caesar they are all ordained ministers and therefore, exempt from military duty. But in areas of accountability, an avg publisher is a congregation member.

  • avishai
    avishai

    Riiiiiiight, exactly. But if they're gonna have the legal benefits, they should also have the negative legal ramifications as well!

  • BurnTheShips
    BurnTheShips
    In mandatory reporting states? I know at various times they've said you are an "ordained minister" if you are a publisher, other times only pioneers.. What's the policy now? Who's ordained and who's not? I say adult because ordainment is'nt "Legal" until you are 18 in the US. What I'm getting at is in some states all ordained ministers are mandatory reporters, and since everyone, or at least the pioneers are "ordained", if they had knowledge, they too would be liable, not just "elders" as they say they have no clergy class. The way I see it, they can't legally have it both ways...

    I don't get it Avi. If I know you killed somebody and I didn't tell the cops, wouldn't that be collusion? If so, how is child rape any different? Burn

  • DJK
    DJK

    "Misprision of Felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. ยง 4 :

    Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

    This offense, however, requires active concealment of a known felony rather than merely failing to report it. [1]

    This is the federal law regarding failing to report. Each state has laws regarding reporting. In most states family members are exempt and not required to report. IE; a spouse is not required to testify against a spouse.

  • jgnat
    jgnat

    Here's a fine summary of the issues.

    http://www.smith-lawfirm.com/mandatory_reporting.htm

    Extent of the knowledge triggering the duty to report varies. Some statutes call for reporting upon a mere "reasonable cause to believe" or a "reasonable suspicion." Other statutes require the reporter to "know or suspect," which is a higher degree of knowledge.

    How about a fellow sibling in the same family, who faces the same threats if they report? Minor dependents should be exempt from the duty to report, though the burden of their knowledge must be awful to bear.

  • DJK
    DJK
    Sinay and John Vaughn, a former elder, were given immunity by the district attorney's office, shielding them from any potential prosecution as a result of their testimony about Simental's statements, prosecutor Burke Strunsky said in court before either man testified.

    Seems like some plea bargaining was made regarding failing to report before charges were filed. Maybe???

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