No, you don't understand tort law. A long time ago the law tended to not believe children and women. Judges would have to throw out noncorroborated testimony by young children or hold an elaborate hearing to see if the child understood the moral wrong of lyiing. These legal rules were biased towards protecting the allleged pedophile or rapist. If I recall correctly, the women's movement demanded that rape laws be changed. The totality of circumstances was examined. Once the rape laws changed, and they changed relatively quickly, one reform started, the law concerning children's testimony came under renewed examination.
DNA evidence was a huge leap forward. Contrary to what the law thought, children do not lie in most circumstances. There are a host of factors to consider. Most children are emphatic and detailed about what happened. Yet they have never been exposed to adult material. The Witnesses are not conducting criminal trials. Nor are they suing for civil damages. Now they can be sued by the children for inaction. It is about time. The mandatory reporting laws must be revisited and made strronger so they work at a practical level. Even if Conti is limited by its facts, it will send a strong signal that elders and the WT ignore allegations at their peril.
There is no legal right to be a Witness or to continue as a Witness. I hope that the two witness rule is staying in place b/c of the Conti case is pending. If she prevails, I can see new light concerning the rule. It is not a core part of Witness doctrine. Someday elders will realize that their interests and the Society's interest will likely be adverse, and seek their own counsel. Despite some assertions here, there has never been proof that a large database exists at WT. Why anyone would maintain a database when they have no legal duty is beyond me. I came across an article on tort law and First Amendment concerns the other day. I had never heard of the law journal. The author concluded that the First Amendment is a bar to tort actions in the US.
How do you measure damages if you are not allowed to be ministerial servant or run the a/v system during a meeting. Damages must be able to be measured. I also believe that reputation in the local community is an important element to a cause of action. The local KH is much smaller than the local community. Most community members m ight consider being in trouble at the KH a high mark of honor. In fact, tell people about the two witness rule and the reputation of Witnesses in general will definitely decline.