@djeggnog wrote:
What's wrong with you? You confusing two things. I wrote that "criminal offenses be reported to the authorities," and that "theocratic" investigations do not mitigate the legal obligation to report all suspected cases of child molestation." I didn't say our theocratic investigations into such matters mitigate our duty to report such crimes, did I? It is you that is putting these words into my mouth, words that I did not say.
As Chapter 12 of this textbook makes clear, child abuse is a crime, and so, in addition to contacting the branch, elders would make clear that it is the absolute right of the victim, and this would include his or her parents or guardians, to report such to the proper authorities since child abuse, sexual or otherwise, is a crime.
@DanaBug wrote:
This is the key though. Which happens first? Does an elder report the alleged crime or does he call the branch? See jgnat's post. I'd like to see what you have to say about that.
What is "the key"? I'll let you read @jgnat's post, but in response to your question, an elder would report the alleged crime to the branch. The reason the victim (that is, victim's family), and not an elder, would be responsible for reporting the crime to the police is because that report made by the elder would be a second-hand, hearsay, report of the elder's interview of the victim. If an elder should be the first to report the alleged crime to the police, then he will have inserted himself into the investigation of the matter and this could cause undue delay in the investigation that ought to be taking place between law enforcement and the victim and not law enforcement and this elder.
In the case of a rape, law enforcement investigators might ask the victim the kind of questions that would tie the accused to the crime that elders would not necessarily ask, things such as whether the victim could recall the color of the shirt and/or the color of the pants the accused was wearing (these items could have the victim's DNA on them), if the victim fellated the man (the accused's DNA found in the victim's mouth after a sexual assault is prima facie evidence of rape), whether the victim could recall smelling any fragrances, like cologne, on the accused's person. Part of my line of work involves probing legal issues that arise in civil matters, not criminal matters, but occasionally the attempt to serve a subpoena on someone or a broker's illegal breaking and entering of someone's home in foreclosure in order to change the locks on the doors of a foreclosed home absent a court order to do so and forcible removal of a former titleholder, who is lawfully in possession of a foreclosed home by police officers or sheriffs without legal authority to do so will lead to criminal allegations being filed and litigated in criminal court. But this is the point I wish to make:
While an elder can be helpful to a victim of a sexual assault or the sexual molestation of a minor in making the initial report to the authorities if the victim and/or victim's family is/are too distraught in the aftermath of the alleged crime to do so, the elder is not a witness to the crime, and investigators need to be able to speak to all witnesses as they must work against the clock to obtain physical and biological evidence of the crime before all incriminating and exculpatory evidence is destroyed, evidence that might either tie the suspect to the crime or exonerate the suspect. If an elder should speak to the victim of a sexual assault or other crime before police investigators do, it is possible that the elder could become instrumental in actually protecting the accused by his deliberately or unintentionally planting ideas into the mind of the victim according the elder's mindset or belief as to what occurred, so that what investigators get upon interviewing the victim is so hopelessly confusing that their investigation becomes derailed due to a lack of probable cause to arrest the accused.
Note that I have said "deliberately or unintentionally" because an elder might be covering his own actions, the actions of another elder or the actions of someone else! The Society would not want elders interfering in such criminal investigations so, contrary to what you, @jgnat and others here with anti-JW biases and prejudices might believe to be important or necessary for an elder to do, or that you or others might believe an elder should do or ought to do in such cases, "you guys" here are amateur sleuths, perhaps you're gotten some of your ideas on crime-fighting and criminal investigation from tv or from the books you've read, but for very sound reasons, the Society has instructed elders to first contact the branch, whose legal department is in a unique position to advise them as to what they should do next. What elders have not been instructed to do though is to first report the crime to the police. While the victim or victim's parents or guardians have the absolute right to first contact law enforcement officials about the alleged crime, the elders are required to first contact the branch.
@GLTirebiter wrote:
Molestation is a criminal matter. It is up to the courts to decide which witnesses are credible, not the elders.
@djeggnog wrote:
Yes, this is true; this is what I have consistently stated here.
@GLTirebiter wrote:
The elders' job is to report every case of suspected abuse to the legal authorities.
@djeggnog wrote:
This is not true. It is the victim's responsibility to contact the authorities about the alleged crime, not the elders' responsibility to do so, but if one of the elders is requested by the victim to report the alleged crime to the authorities -- and by this I don't necessarily mean the child, but the parents or guardians of the child -- then the elder is free to oblige.
@DanaBug wrote:
Whose responsibility does it become when the victim confides in someone else? If the victim doesn't ask an elder to report the crime, is he not obligated to report ethically or legally, depending on the state? Would it not be in the best interests of the victim, in most cases, to report the crime even if they don't ask the elder to report so the victim can be protected from the perpetrator and receive appropriate care and potentially stop the perpetrator from molesting more victims?
You seem to be asking me whether an elder is ethically or legally required to report the alleged crime (since we do not really know that there has been a crime, do we?) to law enforcement officials upon his obtaining knowledge from the alleged victim that he or she has been sexually molested, but what if that elder should unwittingly be filing a false report? The victim of an alleged crime should, in all cases, report the crime to the authorities and then afterward the report regarding the matter may be made to the elders. However, what if this elder to whom such a report is made is merely being used, not by a "victim" at all, and this report should turn out to be based on a lie in furtherance of a scheme to hurt an innocent brother or sister in the local congregation, the real victim? Again, why are the elders instructed to first contact the branch? Well, here's one reason:
What if there is no victim, no perpetrator? Did you not think of this?
What if a teenager, let's say a 14-year-old teenager, should get it into her head that she is going to "punish" the elder that refuses to let her associate with his teenaged 14- and 15-year-old daughters due to a certain incident that occurred involving this 14-year-old teenager involving a theft about which the elder is aware, but about which the entire congregation has no knowledge, by "confessing" to her teenaged confidants while swearing them to secrecy that this elder had touched intimate parts of her body on several occasions when he was driving her home from field service when no one was in the car but the two of them, so that by the time this "confession" came to the attention of the elders, the entire congregation had come to hear of it? Remember all of this resulted from the retaliation of a teenager "scorned" by an elder who only wanted to protect his family and his possessions from someone he thought might potentially be a thief. Maybe the police investigation comes to an end upon there being found no tangible evidence that a crime has been committed, but the life and reputation of this elder in the community has been left in tatters as the late night visits from police detectives and visits to the police station to speak to investigators and assistant district attorneys all take their toll of him.
About 15 years ago, there was a bombing at Centennial Olympic Park on July 27, 1996, during the Olympics being hosted in Atlanta, Georgia, and a man named Richard Jewell, a security guard at Piedmont College there in Georgia, discovered a bag that contained three pipe bombs, and while he was instrumental perhaps in saving many people's lives (although two were killed and over a 100 people were wounded by the explosion), he became a "person of interest" to the Federal Bureau of Investigation, who pored through the man's life making it impossible for the man to make a living until he finally got his life back some nine years later upon his being exonerated on April 13, 2005, when a man named Eric Rudolph pled guilty to having been responsible for the 1996 bombing at the park. Everybody thought Jewell to have been responsible. This man was never arrested during the nine years that he fought to get his life back, but at the end of his ordeal, money was all that could be offered him, for his reputation had been ruined.
If a story about the elder's arrest for suspicion of child molestation should appear in the local newspaper, it doesn't go away in the minds of people just because the investigation into the matter fizzles out. Would you like to be involved in the unravelling of all of this when and if the truth finally come to light? Maybe as a result this elder is uprooted and has to move to another city or to another state with his family, find a new house and a new job, a new Kingdom Hall. As a result, he might not ever want to serve as an elder again or his family may not want him to serve in this capacity again. Not just his life, but the lives of his family has been ruined by a lie.
@djeggnog wrote:
BTW, we do not require a second witness to the alleged offense for it will suffice to have the "second witness" be the victim of the same offense allegedly by the same individual.
@DanaBug wrote:
What does that even mean? My reading comprehension is failing me again. Does that mean if it happens again to the same victim then the victim will be believed or if it happens to another child?
What I should have written is this:
BTW, we do not require a second witness to the alleged offense for it will suffice to have the "second witness" be the victim of the same offense allegedly perpetrated by the same individual, but against a different victim.
This is not a case of your having a reading comprehension problem as much as this being a case of my having a proofreading problem. I don't know if you know, but I talk to my computer, but unlike a human being, software doesn't know how to say "Huh!" when something I'm dictating to it makes absolutely no sense at all. <g> I apologize for the confusion, @DanaBug, and thanks for catching that one.
@AK MCGRATH wrote:
Christ! I'd hate to have you as someone to turn to for comfort and encouragement, let alone in a "theocratic investigation". ANYONE who thinks the two witness "rule" is okey dokey needs to have their fuckin head examined! Where the hell is your common sense man!? Where is your love for "God's chosen sheep"? Your compassion? You think the "rule" would be just hunky dorry with you if it was YOUR child?
@djeggnog wrote:
What "rule" do you mean? Believe me, our children do not need or require either you and your ilk to protect them from predators. Whatever we cannot do on our own, our God has the power to undo whatever harm should beset them, including the outing of anyone in our ranks that should prove to be a counterfeit Christian (like yourself). If you really want to help us, just leave our children alone, and I don't mean you personally, but pedophiles generally.
@DanaBug wrote:
This is the exact attitude that harms your children (and by your children I mean all Witness children). God will fix it. How long was it until Anthony Burns was punished for his crimes, how many kids did George Cockerill and Michael Porter molest and for how long before they were outed? Why did it take God so long to out these "counterfeit Christians"?
I didn't say that Jehovah God could fix anything. What I did say was that "God has the power to undo whatever harm should beset" those of our children that become the victims of predators. Read what I wrote again and I think you will then see that this is what I said. If a child should be harmed by a pit bull so that the attack results in the loss of his or her right foot, God is not going to fix the problem, but by means of Christ Jesus under Kingdom rule, He will certainly undo the harm to that child by restoring that right foot to health.
Racial intolerance is something that led to not just the 6,000,000 people of Jewish (Semitic) ancestry being exterminated in Germany, a number that offends the human psyche, but there were some 6,028,000 Poles murdered in Poland, 3,200,000 being of Jewish ancestry and 3,000,000 of which being of Polish ancestry whose deaths were all caused by the political policies forged and prosecuted by Adolf Hitler during World War II. Perhaps you are of the belief that the lives of these 12,028,000 that died some 66 years ago do not deserve to be avenged as much as the lives of the children who were the victims of child predators, and you are entitled to your opinion, but Jehovah has the power to undo whatever harm that has beset all of these victims of man's inhumanity to man, which I am convinced He will do at His appointed time. (Revelation 11:18)
Many will see the salvation of Jehovah when it arrives while others will only get to see "the sign of the Son of man." My hope that you will not continue faithless by blaming God for His not interceding in the affairs of this world to avenge the many atrocities that have been committed against children and adults alike when you would have liked to see such atrocities avenged, for while mankind was created in God's image having the attribute of justice, you have to believe that Jehovah is not a man, but is the almighty God that also knows what is just, and "He will cause justice to be done ... speedily," having reserved the cutting off of all unrighteousness for an appointed time, even if you should think it too late for justice to be done for those victimized by injustice. (Luke 18:7, 8) The "destruction of ungodly men" in our world has been "reserved to the day of judgment. (2 Peter 3:7)
The patience of God waited in Noah's day until the day when that ancient world "suffered destruction when it was deluged with water." (1 Peter 3:20; 2 Peter 3:5, 6) Clearly, the destruction of that ancient world demonstrates that Jehovah knows how "to reserve unrighteous people for the day of judgment to be cut off, especially, however, those who go on after flesh with the desire to defile it" in our own day. (2 Peter 2:9, 10) In fact, Jehovah "has committed all the judging to the Son" and I have the utmost confidence in Jesus' judgment. (John 5:22)
I hope you are not one of those that would dare ridicule whether or not Jesus' presence has even occurred, which it has, by "saying: 'Where is this promised presence of his?'" (2 Peter 3:3, 4) Regarding the day of judgment, "the vision," the prophet Habakkuk wrote: "The vision is yet for the appointed time.... Even if it should delay, keep in expectation of it; for it will without fail come true. It will not be late. (Habakkuk 2:3) The question is, do you believe this? Do you have confidence in the One that Jehovah Himself has placed His confidence that justice will eventually be done?
@djeggnog