JW charged regarding child pornography
So my understanding of this is:
- Lindhirst gets caught viewing child porn by his wife.
- She waits 6 months and goes to the elders
- Elders meet Lindhirst who denies the accusation
- Lindhirst's wife picks up the computer and leaves. Lindhirst fesses up to the elders.
- The next day Lindhirst's wife takes the computer to the police and tells them the perv had fessed up to the elders.
- The elders get questioned by the rozzers and confirm Lindhirst had confessed.
- The rozzers get a warrant and search the computer and, presumably, the house etc.
- The perv gets brought up to the beak and then his slimy counsel tries to get the whole thing thrown out of court by claiming the search warrant was not valid as Lindhirst's clergy-penitent rights had been ignored.
As the judge rightly says the fact the weasel's wife was in the police station with his computer and her own statement was enough for the police to act.
I guess some credit must be due to the elders for making their statements. I accept they didn't go to the police themselves but they also didn't hide behind some legal framework to avoid making any statement. I wonder what advice WT legal gave them? I also wonder what the circumstances were for the perv's wife to go to the police? Was she advised or encouraged to do so by the elders or did she go because the elders wouldn't do anything themselves?
Good points Konceptual, maybe the Elders saw him as a problem or even knew more about something from his past and were very co-operative in assisting the police.
It would appear they went well beyond their duty when they also advised Police of the following
<<Lindhorst later confessed to his elders at the Jehovah's Witnesses Church, according to court records, telling them he was not turned on by adult women.>>
As K 99 said
" I wonder what advice WT legal gave them? "
Their action seem contrary to usual practice ,unless legally obliged ,in which case the question would not arise . All power to them though , that is the way to go. I am sickened by the actions of elders who refuse to co operate with prosecutions of child molesters
At least this one got 6 years....The moral from the tale ... If you are up to no good on line.. don't let your wife see the computer !
the perpetrator is pond scum. I think elders did what they did because they knew they were on their own.
Nevertheless, if it turns out to be true that the Elders revealed church confidential information (a confession) to the police, it would seem to me that it would destroy JW confession to the Elders for good and the seeking of spiritual help. Why would anyone want to come forward anymore?
Huh? Are you serious? So the elders are damned when they don't go to the authorities (check out the Australian Royal Commission) and when they do. So far no one's mentioned that the elders' reporting to the police is highly unusual - in fact, it represents a welcome change.
So far no one's mentioned that the elders' reporting to the police is highly unusual - in fact, it represents a welcome change.
Agreed. Though I have to wonder how forthcoming they would have been had the man still been a member of the congregation.
According to California law it is mandated to report:
"Under CANRA, legally mandated reporters include, but are not limited to
· Clergy Members (i.e., a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization).
· Any custodian of records of a clergy member
No color is needed to remind anyone how despicable child abuse is. We know that.
The following applies to the US
But state law does not trump the Constitution or Federal Law-Take cannabis for example.
Note the interesting article linked below on reporting child abuse: should an attorney report child abuse and breach confidentiality?
State Child abuse reporting Laws Bulletin below.
At this point though, it is not known with certainty whether or not the elders in the case posted on this thread actually reported any confidential talk of the confession to a governmental prosecuting agency. It would be monumental if they did, but very unlikely.
The Jehovah Witness religion have no clergy ,so their is no confidentiallity broken , right ?
Their are 3 Elders in a Judicial Committee plus witnesses , and then it all is forwarded to the Legal Department of the local branch Office in whatever country it`s held , and then sent on to headquarters in the United States Of America , where it is also viewed by lawyers.
Clergy Penitent does not apply here..
Well done to those elders who reported it.
Cummon guys, credit it where it's due - id report a pedo, confidentiality or non.