by ballistic 25 Replies latest watchtower child-abuse
This case started on 2nd March 2022. There is a report on the trial here.
No witnesses were called. Only stipulations were handed to the judge, which he will read before ultimately making his ruling whether statements made by congregants to the elders may be admitted as evidence. Their defense attorneys have argued that the statements made by the congregant fall under the clergy-penitent privilege.
The bench trial will reconvene March 11.
The trial was concluded on Friday, March 18, and the two elders have been found guilty of Class A criminal misdemeanor for violating provisions of the state’s mandatory reporter law, as reported on JWD here. They will be sentenced next Friday, 25th March.
In an earlier post I commented to jhine that we will know whether anyone cared and whether they acted responsibly when the case was held. Whether or not they cared the court has found they did not act responsibly. The basis for this finding is interesting because they claimed the confession in 2006 fell under clergy-penitent privelege. This claim was upheld and the judge did not consider the confession of the perpetrator in his ruling, but only the statements made by the child and another church member (her mother), which were not confessions and so not protected by the confessional process.
The elders also claimed that while the "most serious" acts occurred between 2013 and 2018, they knew nothing beyond the initial allegation they heard in 2006. In the hearing on March 11 it was reported that the initial allegation was that the perpetrator had been “touching [the] private parts” of the victim. The more serious acts, including rape, occurred later and were unknown to the elders.
The lesson seems to be clear for any who rely on clergy-penitent privelege, whether JW, RC etc., is that even if the confession is protected disclosure in certain jurisdictions, if they hear of child sexual abuse from anyone apart from the penitent then that privelege falls away.
One thing I find slightly odd, why isn't the mother guilty of failing to report it?
Surely the child's parent has the greatest responsibility to care for their child? It's slightly strange to hold strangers more accountable for it.
Simon : One thing I find slightly odd, why isn't the mother guilty of failing to report it?
While the mother may have had a social responsibility to report the abuse, she was not legally obliged to do so. Those legally obliged to report ("mandated reporters") are most professionals in education, health care, law enforcement and social work. These professionals are listed in the Abused and Neglected Child Reporting Act, particularly in section 4 (Persons required to report). The exceptions are privileged communications between an attorney and his or her client, and a member of the clergy (or practitioner of any religious denomination) who hears a confession in his or her professional character or as a spiritual advisor (Section 735 ILCS 5/8-803).
There may be a number of reasons her mother did not report it to the police. The perpetrator was a relative and lived with the family so that may have influenced her decision. He needed an interpreter in court so if they were immigrants that may also have been a factor. In addition, it seems that she also only knew of the initial abuse (which involved touching) and thought it had been dealt with and had ended.
While the mother may have had a social responsibility to report the abuse, she was not legally obliged to do so.
ANY Parent who does not report the abuse of THEIR CHILD is just as big a piece of shit as the elders.
I may be naive, but I wonder how many cases are reported only because the person reporting it knows the authorities won't be called? How many cases, if it was mandated, wouldn't be reported to them?
It seems obvious to make reporting mandatory but there's a chance it won't be the silver bullet people imagine it will due to "unintended consequences".
Lawmakers often seem to have blinkers on and imagine that their laws will never influence people's behaviors.
