Court denies summary judgement for Laurel Jehovah's Witnesses congregation

by OrphanCrow 161 Replies latest watchtower child-abuse

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  OrphanCrow

  Court denies summary judgement for Laurel Jehovah's Witnesses congregation
  

  A motion for summary judgement is denied in a case against the Laurel Congregation of Jehovah's Witnesses and some individuals over child abuse reporting issues.
  A lawyer for the congregation maintained that elders were exempted from reporting requirements under a state law because of clergy privilege and confidentiality.
  The case resulted from allegations that elders did not report an unlawful sexual relationship between a woman and a 14-year-old boy, both of whom were members of the Jehovah's Witnesses congregation.

  Download the court opinion here

  http://courts.delaware.gov/opinions/download.aspx?ID=235880
  
  
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  Slidin Fast

  This is really interesting since it goes for the clergy/penitent privilege argument. This is significant since it recognises that a JC is not a with a penitent but is an investigation with sanctions. Since this is the Delaware Supreme Court it also sets a legal precedent.

  Maybe the cracks are not only showing but opening wide.
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  OrphanCrow

  slidingfast: This is significant since it recognises that a JC is not a with a penitent but is an investigation with sanctions. Since this is the Delaware Supreme Court it also sets a legal precedent.

  Yes. This is a very important ruling that will not allow the JW elders to use the "clergy-penitent" clause in order to escape mandatory reporting.

  Huh. Betcha a lot of elders are gonna be pissed that they listened to the Watchtower lawyers instead of following the law.

  Real world - 1

  Watchtower - 0
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  Dagney

  The "clergy-penitent" was used out here in CA for two cases I know of. The brother that murdered his wife, Kelle Jarka, and another guy who confessed to molesting various young girls. It didn't fly in the courts here either. Specifically because it is not kept discreet between the confessor and clergyman. It's reported to HQ and is reviewed with other BOE's and traveling overseers. There is no confidentiality to warrant that exclusivity intended for the confessional.

  I hope the hits just keep coming.
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  slimboyfat

  Does this mean individual elders will be prosecuted?

  That would surely be an end to non-reporting, and undermine "church discipline" among JWs generally.
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  OrphanCrow

  sfb: Does this mean individual elders will be prosecuted?

  I think that JW elders (and ex-elders) who didn't report child abuse should be getting a little nervous right about now.

  This should shake their confidence in the Watchtower legal advice.
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  the girl next door

  Watchtower is no longer even ponying up the bill for elders and other congregation members in civil court. Its why many have "stepped down". 10k seems like a tiny amount. Watchtower will settle in a minute. Or the prosecution is intent on not settling and instead setting precedent.
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  the girl next door

  Also a sure fire way to thwart congregation actions in any way against your person IS to serve individual elders with legal suits. They are no longer protected by "mother" and in general none of them can afford even a retainer to fight in court.
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  Anders Andersen

  What I find very awful about this case is that at the same time the Borg states they will comply with laws making reporting (even suspicions of) abuse mandatory in Australia, they are not complying with these laws in USA, even fighting the mandatory-reporting laws.

  Double tongued liars.

  Bloody snakes and serpents is what they are :-(
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  slimboyfat

  It was the same with Bulgaria on blood and with Mexico and Malaw on neutrality. When you're in the JWs you think they have clear standards that apply worldwide. When you learn more it seems they make it up ad hoc and are not above bending rules here or there when it suits them. "When it suits them" being the key thing, not when it's humane or helps anyone else, only when it suits them.