by The Scotsman 41 Replies latest jw friends
It would appear that a substantial financial compensation is being awarded to this brave woman - but on top of that she deserves a full, open apology - what's the chances?
JW lawyers will be looking to minimise damage to the org and will blame the accused. A real shame as this woman, the victim, should be of paramount importance.
The Scotsman29 minutes agoIt would appear that a substantial financial compensation is being awarded to this brave woman - but on top of that she deserves a full, open apology - what's the chances?
Anapology from the WBT$? Blimey, that's be a first. Normally they vilify the victim and try to abuse them even more.
JW lawyers will be looking to minimise damage to the org and will blame the accused. A real shame as this woman, the victim, should be of paramount importance.
Do we know what stage this case is at?
It seems that Brit law is different to USA law...but I don't understand the technicalities...I wasn't allowed an education.
This article has more details:
http://www.loughboroughecho.net/news/local-news/jehovahs-witnesses-ordered-pay-sex-9490399
She claimed £500,000 in damages and a 6 figure sum has been agreed apparently.
Ruling in the woman’s favour today, Mr Justice Globe said elders had suspected Stewart of previously sexually assaulting another child.
However good their intentions may have been, the judge said they failed in their duty to warn their congregation, and parents in particular, about Stewart.
The girl’s mother was never put on the alert and the judge ruled: “There was a breach of the duty properly assumed by the elders on the particular facts of Peter Stewart’s case”.
He added that Stewart’s abuse of the girl was “only possible because he had the actual or ostensible status of a ministerial servant.
“That meant no one who saw him questioned his being alone with her”.
His abuse of the girl and his status as a ministerial servant were “inextricably interwoven”, the judge concluded.
The woman’s solicitors confirmed outside court that, in the light of the judge’s ruling, a six-figure settlement of her case had been agreed.
The woman’s solicitors confirmed outside court that, in the light of the judge’s ruling, a six-figure settlement of her case had been agreed.
Does "settlement" mean the same thing in the UK as in the US, an agreed-upon amount to be definitely paid out, in exchange for not actually proceeding through a full court case with judge & jury?
I.e., no years or decades-long appeals, just the WTS pays out the cash and that's the end?
Also, in the US, a settlement also typically comes with conditions, i.e., the victim can never comment publicly on the details of the issue, or else would forfeit the payment. Same thing in the UK?
If the settlement has been agreed here, then it means the WBTS has accepted that they were liable under British law and will be paying out. There's no obligation on the victim to remain silent if this has been agreed in court. Usually any secrecy agreements will be done prior to it ever reaching court. The judgement is on public record now. The victim has a right to anonymity but may choose to waive that or give interviews whilst retaining it. This has been a full court case, but held without jury I believe?, and today is just the verdict. Whether there will be appeals etc., we'll see I guess. The WBTS has its own special and unique take of how the law works.
Punkofnice's point about the WT/JW ScamOrg being able to separate itself from liability, and leave the individual Elder, or perhaps Congregation, to take the full hit is answered in this bit from the BBC Article.
" It doesn't have to be an actual employment relationship (for example, priests are not "employed" but the Church can be liable for their actions), but the relationship has to share features which you might see between employer and employee (for example, where a Church exercises control upon what a priest can and cannot do).
Secondly, the court asks whether the abuse was "connected" to that relationship. For example, if someone uses their position of responsibility as a means to abuse children, then vicarious liability is likely to result."
The Borg will never want to give up its control, they are control freaks, and all the time they have a myriad rules, a Handbook for Elders, and "approve" Appointment of men to positions, they will be held responsible and end up paying huge sums.
The Interim payment and costs amount to £455, 000 in this case, pending Appeal on final damages.
