Richard Oliver

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Posts by Richard Oliver

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  39

  UK: Paul Shields "abused girls after luring them with video games"

  by darkspilver in

  1. watchtower
  2. child-abuse

  fyi from north-east england:.

  http://www.gazettelive.co.uk/news/teesside-news/johovahs-witness-abused-girls-after-12538877.

  jehovah's witness abused girls after luring them with video games, court told.

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  Richard Oliver

  Never a JW:

  Steve2 even highlighted that confidentiality can also involve other people. If he has to get the rest of his team along with supervisor and ethics committee. So there are more than one person involved in the confidential communication.
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  17

  Australian Royal Commision round 2

  by no-zombie in

  1. watchtower
  2. child-abuse

  round two of the australian royal commission into institutional child abuse has all the makings of a very damaging event for the organization, if what is going to happen to the catholic church is any indication.. http://www.abc.net.au/news/2017-02-03/royal-commission-most-catholic-archbishops-to-give-evidence/8240208.

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  Richard Oliver

  The purpose of this public hearing is not to inquire into individual sets of facts or particular events as has occurred in previous Royal Commission case studies.
  
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  39

  UK: Paul Shields "abused girls after luring them with video games"

  by darkspilver in

  1. watchtower
  2. child-abuse

  fyi from north-east england:.

  http://www.gazettelive.co.uk/news/teesside-news/johovahs-witness-abused-girls-after-12538877.

  jehovah's witness abused girls after luring them with video games, court told.

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  Richard Oliver

  So Steve2, there are cases where confidentiality is important. That is why I highlighted if an abuser is the one that tells you that they committed these crimes. In this instance in the news article the abuser confessed of the crime. I don't know Australian law when it comes to clergy and confessor confidentiality. But here in the US the courts have repeatedly said that the confidentiality of a confession is important in order to make that exchange something people want to do. And I acknowledge that many people here feel that elders aren't qualified to make a ham sandwich let alone give spiritual advice, but US courts don't wade into those questions. And that is where there is a difference, if the abused tell the eldera the elders should report it but if the accused tells the elders they enter into a legal area where they need legal advice and depending on the statutes of the law may not be able to report.
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  60

  Stephanie Fessler v Watch Tower - Trial on Tuesday, Feb. 7, 2017 in Pennsylvania

  by AndersonsInfo in

  1. watchtower
  2. child-abuse

  http://avoidjw.org/2017/02/stephanie-fessler-v-watch-tower/.

  stephanie fessler v watch tower.

  stephanie fessler was brought up as a jehovah’s witness by her parents, jodee and kevin.

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  Richard Oliver

  Well sgeperdless a simple westlaw search brings up a large number of cases where the general concensious is that breaking the statute to report does not allow for a private cause of action, that it is the state that can bring it either criminally or if the statute allows for a civil matter. That is what is happening in Delaware is the state is bringing the charge not a private citizen.

  Also you did bring it up in the berry case and it is the only act that the appeals court let stand in the Conti case is when the abuse occured either on church property or during official church activities such as field service.
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  60

  Stephanie Fessler v Watch Tower - Trial on Tuesday, Feb. 7, 2017 in Pennsylvania

  by AndersonsInfo in

  1. watchtower
  2. child-abuse

  http://avoidjw.org/2017/02/stephanie-fessler-v-watch-tower/.

  stephanie fessler v watch tower.

  stephanie fessler was brought up as a jehovah’s witness by her parents, jodee and kevin.

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  Richard Oliver

  Sheperdless:

  Part of the claim is that because the elders did not report the matter to the proper authorities that she is now able to bring a private claim against the elders fro the non-reporting.

  Berry v Watchtower Bible and Tract Society

  Because we hold that Watchtower and Wilton Congregation have no common law duty to protect the plaintiffs and that the plaintiffs may not bring a private cause of action for the alleged failure of the elders to comply with RSA 169-C:29, we affirm the trial court's dismissal of the plaintiffs' action, albeit for different reasons. We need not, therefore, address the remaining arguments.

  John Doe v Roman Catholic Diocese of Galveston-Houston

  Treatises and legal commentaries examining a duty to report child abuse address the issue in the context of state reporting statutes. See, e.g., 43 C.J.S. Infants § 117 (2007) (“There is authority that a failure to comply with a statute imposing a duty on specified persons, institutions, or agencies to report known or suspected child abuse may give rise to a private cause of action against that person, institution, or agency failing to do so ....”);

  Arabaugh v Board of Education County of Pedelton

  
  Accordingly we conclude that West Virginia Code § 49–6A–2 does not give rise to an implied private civil cause of action, in addition to criminal penalties imposed by the statute, for failure to report suspected child abuse where an individual with a duty to report under the statute is alleged to have had reasonable cause to suspect that a child is being abused and has failed to report suspected abuse. The same conclusion has been reached by a decided majority of states which have applied factors comparable to those in Hurley when considering whether a private cause of action was implied through mandatory reporting statutes similar to ours.

  Fischer v Metclaf:

  The legislature established that violation of the mandatory reporting provision would constitute a second degree misdemeanor. To find a legislative intent to provide a *791 private right of action against non-reporters, we would have to ignore the well-established rule that a court may not disregard the plain purpose and language of the statutes to bring about what some of its members may conceive to be a more proper result. Vocelle v. Knight Bros. Paper Co., 118 So.2d 664 (Fla. 1st DCA 1960). Mindful that the courts may not “supply an omission that to all appearances was not in the minds of the legislators when the law was enacted,” Special Disability Trust Fund, Dept. of Labor & Employment Sec. v. Motor & Compressor Co., 446 So.2d 224 (Fla. 1st DCA 1984); see Armstrong v. Edgewater, 157 So.2d 422 (Fla.1963), we hold that S.M. Fischer is not afforded a civil cause of action for the failure of her father's psychiatrist to report alleged abuse.

  Doe 1 v North Central Behavorial Health Systems

  Holdings: The Appellate Court, McDade, J., held that:

  1 Abused and Neglected Child Reporting Act did not provide an implied private right of action to children;

  2 children did not fall within definition of “abused children” under Act;

  3 clinic had no duty to report abuse under the Act; and

  4 clinic had no common law duty to report abuse by one of its patients

  
  

  Bradley v Ray:

  Next friend brought action on child's behalf against child's stepfather, child's mother, psychologist, and widow of second psychologist, as defendant ad litem for injuries sustained as result of alleged prolonged sexual abuse by stepfather. The Circuit Court, Boone County, Gene Hamilton, J., dismissed petition against psychologist and widow for failure to state claim, and next friend appealed. The Court of Appeals, Laura Denvir Stith, J., held that: (1) as matter of first impression, psychologists owe common-law duty to child to warn appropriate authorities that client presents serious danger of future violence to readily ascertainable victim; (2) as matter of first impression, statute requiring psychologists to report suspected sexual abuse did not create private cause of action; (3) petition did not state claim against psychologists for aiding and abetting stepfather's sexual abuse; and (4) claim of prima facie tort failed to allege requisite intentional lawful act.
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  60

  Stephanie Fessler v Watch Tower - Trial on Tuesday, Feb. 7, 2017 in Pennsylvania

  by AndersonsInfo in

  1. watchtower
  2. child-abuse

  http://avoidjw.org/2017/02/stephanie-fessler-v-watch-tower/.

  stephanie fessler v watch tower.

  stephanie fessler was brought up as a jehovah’s witness by her parents, jodee and kevin.

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  Richard Oliver

  I am sure that is going to be a subject to an appeal.
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  60

  Stephanie Fessler v Watch Tower - Trial on Tuesday, Feb. 7, 2017 in Pennsylvania

  by AndersonsInfo in

  1. watchtower
  2. child-abuse

  http://avoidjw.org/2017/02/stephanie-fessler-v-watch-tower/.

  stephanie fessler v watch tower.

  stephanie fessler was brought up as a jehovah’s witness by her parents, jodee and kevin.

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  Richard Oliver

  Apparently, PA allows for a civil claim to be brought when a criminal statute is believed to be broken. Not many states allow this. Many civil cases have been dismissed in other states because normally there is no private cause of action that is allowed if a criminal statute or a family law regulation. It will be interesting to see what happens during this case and sure the appeal that will follow.
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  17

  Australian Royal Commision round 2

  by no-zombie in

  1. watchtower
  2. child-abuse

  round two of the australian royal commission into institutional child abuse has all the makings of a very damaging event for the organization, if what is going to happen to the catholic church is any indication.. http://www.abc.net.au/news/2017-02-03/royal-commission-most-catholic-archbishops-to-give-evidence/8240208.

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  Richard Oliver

  It appears from the ARC website that the second case study is about the policy changes that the ARC has recommended and that if any have been implemented by Watchtower.
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  9

  Trump vows to repeal limits on churches

  by StarTrekAngel in

  1. watchtower
  2. beliefs

  i know the jws would not necessarily take advantage of this (or may be they would) but certainly, they will spin it off somehow.. https://www.yahoo.com/news/religious-looking-trump-protections-081209487--politics.html.

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  Richard Oliver

  The rule that he is talking about is the Johnson Rule. It basically said that the IRS can fine or revoke a non-profit status if non-profits, especially churches engage in active political work. That would be trying to promote one candidate over another or encouraging their members to vote for a specific person.

  Technically, Trump can't remove the rule, that would take Congress, but he can direct the IRS not to enforce that rule.
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  78

  The handling of child abuse allegations

  by Landy in

  1. watchtower
  2. child-abuse

  there's a lot of criticism surrounding the jw's handling of chiild abuse within their ranks with a lot of it being well deserved.

  but i'm interested to know how people on here think child abuse allegations should be handled.

  there's a few scenarios below, the first couple are easy then it gets a bit more complex.

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  Richard Oliver

  Well life too short. I can't prove a negative so if you think that I am a WT lawyer that is your right. I am not a liar and telling you the truth.

  But while you were reading those primary sources did you not see that it is not this easy fix that some people keep on thinking or claiming it is. There are laws involved that do have to be changed.