State sues over nonreport of child abuse

[Jack Ryan]

Elders of Jehovah’s Witnesses do not have the same privileged communications exemption as religious advisers in a sacramental confession if the confession does not involve a penitent.

The potential landmark “first impression” ruling, reported by Delaware Law Weekly, was made recently by Superior Court Judge Mary Miller Johnston in refusing to throw out a case filed by the state against the Laurel Congregation of the Witnesses.

The state said the elders should have reported a case child abuse between a juvenile and an adult member of the congregation.

The elders met with the juvenile, her mother and an adult member who confirmed the relationship after the boy reported the matter to his mother. They then excommunicated the juvenile and the adult involved. The state sought civil penalties but the Jehovah’s Witnesses said they were exempt from reporting under the Delaware law of “clergy/penitent privilege.”

That law is similar to the attorney/client privilege but the judge ruled that the conversations were not a “sacramental confession.” The defendants said the congregation members were “seeking spiritual advice and counsel from us as elders in a private setting.”

Judge Johnston also held that the privilege exemption itself is, if narrowly interpreted, unconstitutional because the terms “priest, penitent” [and] sacramental confession” give preference to one religion. She also said it could be read to apply to all religions.

The case will now go through further legal hearings but the General Assembly should consider clarifying the language of the existing law.

http://www.delawareonline.com/story/opinion/columnists/harry-themal/2016/02/26/state-sues-over-nonreport-child-abuse/80981834/

 

[John Houston]

So it continues.

[Ann O'Maly]

From http://www.legalmatch.com/law-library/article/clergypriest-privilege.html

Quote

No third parties may be present (unless they too are clergy you are confessing to).  You cannot make a confession in front of other people and still expect the conversation to be secret. 

I think this is part of the problem in the JW system and with this case. Another part of the problem is who initiated each meeting with the elders and for what purpose. 

The judgment denying the Congregation's motion to exempt the elders from disclosing the crime (because of their claim to clergy-penitential privilege) makes some notable observations. See http://courts.delaware.gov/opinions/download.aspx?ID=235880

 

[Γιαννης Διαμαντιδης]

"judicial committees" were held in the gates of the city and later in front of all the congregation."Since the local court was situated at the city gates, there was no question about the trial being public! (Deut. 16:18-20) No doubt the public trials helped influence the judges toward carefulness and justice, qualities that sometimes vanish in secret star-chamber hearings."  -Awake 1981 Jan 22 p.17

 

I think not only we will never have had problems with pedophiles but many other problems would be solved if trials were held in the front of the congregation.