by AndersonsInfo 106 Replies latest watchtower child-abuse
Hey Barb,
I know these things have to paper trail back to the WT. Was is an instruction to the elders or to a specific direction to this congregation that tied them in? I understand it was a letter in 1989 instructions to elders that detailed how to NOT contact authorities to keep it withing the congregation.
I've been working on my wife, and this is one issue she can't and won't dismiss. So if I could show here the "smoking gun" that tied the WT into this.....
There was a very famous novel, QB something, involving a Nazi or other bad person and libel. The very bad man sued for libel. He was technically correct but morally reprehensible. The British jury awarded him the British equivalent of $1. This book was a massive best seller. I think Anthony Quinn was in the film. Does anyone know the reference? Did Wallace write it?
Regarding the break down of how the punitive damages are paid,
AndersonsInfo said,
DNCall: You said
"the apportionment used for regular damages may not be the same as for punitive damages. I belive the special verdict item that triggered punitive damages was that Watchtower acted with malice."
This what I was given to understand and until I hear differently, this is what I'll go by. If I'm not correct, I'll post the new information.
In the published article that Darth Rutherford referenced here, it says
The Watchtower Bible and Tract Society of New York, the Jehovah’s Witnesses’ legal entity, is responsible for the entire punitive damages amount and 40 percent of the compensatory damages, said Rick Simons, attorney for the plaintiff. Sixty percent of the compensatory damages was assessed against Jonathan Kendrick, the man accused of abusing her.
All indications so far are that Watchtower will be paying the entire amount of the $21 Million in punitive damages.
Great news!
Yay, MSNBC!
As "clergy," the WTS elders are considered "mandated reporters" under California law, i.e., they are legally required to report child abuse. This link is interesting as it fleshes out the 'who, what, why, when, how' of the procedure that should have been followed by the Fremont Congregation:
http://file.lacounty.gov/lasd/cms1_145191.pdf
Excerpts:
The law mandates the reporting of child abuse by certain parties (see page 2, “Who Reports” for a complete list of mandated reporters). For various reasons, people who abuse children lack necessary internal control. Therefore, they need as many external controls as possible, until they are better able to restrain themselves. The reporting law is an external control which clearly states, “the abusive behavior is unacceptable and must stop.”
The California Child Abuse Reporting Law is found in Penal Code Sections 11165-11174.3. The following is only a partial description of the statute. Mandated reporters should become familiar with the detailed requirements as they are set forth in the Penal Code (P.C.).
Under the law, when the victim is a child (a person under the age of 18) and the perpetrator is any person (including a child), the following types of abuse must be reported by all legally mandated reporters:
b. Child sexual abuse which includes sexual assault and sexual exploitation.
•Clergy members means a
priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized religious denomination or organization. (P.C. 11166 (c)).
•Any custodian of records of a clergy member (specified in P.C. 11165.7(33) and 11166 (3) (A)). “On or before January 1, 2004, a clergy member or any custodian of records for the clergy member may report to an agency specified in Section 11165.9 that the clergy member or any custodian of records for the clergy member, prior to January 1, 1997, in his or her professional capacity or within the scope of his or her employment, other than during a penitential communication, acquired knowledge or had a reasonable suspicion that a child had been the victim of sexual abuse that the clergy member or any custodian of records for the clergy member did not previously report the abuse to an agency specified in Section 11165.9. The provisions of Section 11172 shall apply to all reports made pursuant to this paragraph.”
Also, unlike other mandated reporters the custodian of records for clergy, Section 11166 (3)(B) states: “This paragraph shall apply even if the victim of the known or suspected abuse has reached the age of majority by the time the required report is made” (i.e. the child is now an adult).
Child abuse must be reported when one who is a legally mandated reporter “...has knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect...” (P.C. 11166(a)).
“Reasonable suspicion” occurs when “it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse.” (P.C. 11166(a)(1)). Although wordy, the intent of this definition is clear: if you suspect, report.You must make a report immediately (or as soon as practically possible) by phone. A written report must be forwarded within 36 hours of receiving the information regarding the incident. (P.C. 11166(a)). Written reports must be submitted on Department of Justice forms, which can be requested from your local (police or sheriff’s department, (not including a school district police or security department) or a county welfare department). (P.C. 11168). See Appendix A.
A person who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1000 fine, or both. (P.C. 11166(b)). He or she may also be found civilly liable for damages, especially if the child-victim or another child is further victimized because of the failure to report.
4.What if abuse occurred in the past?
There is no time limitation regarding the reporting of child abuse. If a victim is under age 18, the abuse must be reported.
Are clergy mandated to report?
Yes. Beginning January 1, 1997, all clergy members are mandated to report known or suspected instances of child abuse to a child protective agency.
The lawsuit alleged that Watchtower had a policy that instructed elders in its Jehovah’s Witnesses congregations to keep reports of child sex abusers within the religious group secret to avoid lawsuits.
This is what I'm looking for. I suspect it was a letter instructing elders. Love to see it
ScenicViewer, don't forget $1 along with $21 million!
I hope the WT has to eat up every bit of that 21+million. Then I hope every abused child sues likewise. And no, not on the principle of the thing-I want it to HURT the WT where it matters to them. They always recuperate from PR issues ('75, UN, other child abuse issues), but $$$, that will hurt them where they live.
OK, I really really want their rep to take a fatal hit. I just don't think the JWs will care. The best we can do is to get the HH's to care enough for THAT to impress the JWs. Most R&F aren't about the money, they are about their image as being a clean org. When that is visible ruined-when people tell them what a shoddy group they belong to(not about religious issues, but human decency), some JWs will hear that and get the message. Hopefully.
Wha Happened - isn't it contained in the BOE letter dated 1st July 1989..?
Any time a "known" child molester moves to a new congregation, his status as such must be included in the letter of introduction that is sent to his new congregation.
However, the contents of those "letters of introduction" are still required to be kept confidential.
I.e., when someone who has molested children in the past, and faced (JW) judical charges, moves into a new congregation, all the BOE knows he is a child molestor, but none of the congregation does.
That is still 100% the policy, down to today.
I wonder how much of that came into play in this case?
One possible scenario: maybe Kendrick moved in from somewhere, and the BOE knew he was a child molestor. Someone else (not an elder) found out and started talking to others. The elders called the WTS and the WTS told the elders to threaten that person with DF for slander if they didn't shut up.
