What evidence is there that pursuing a legal route makes any real difference?
There might be a minority of cases where the elders, on the advice of the legal desk, determine discretion is the better of valour and forego the formality of a JC however they always find a way to discredit the individual and shunning as per normal is the order of the day.
If p.e knows there is zero actual evidence then denying it is a valid route but if evidence does come to light then the elders will take a dim view.
If there is evidence then p.e has very little to work with unless the method the evidence came to light by really, really can be legally, even criminally, challenged.
The WT 87 9/1 "A Time To Speak" discusses a hypothetical situation covering medical confidentiality and leaves the door wide open for ones to put tale telling above their legal responsibilities. Don't expect the congregation to dismiss information coming via legally questionable sources. It might (and I stress might) prevent a formal JC being formed but the grapevine will put into action and shunning will ensue.