A child molestation case in Riverside County, California is testing the reach of California's privilege for communications with clergy. Yesterday's Riverside Press-Enterprise reports that prosecutors want two elders in a Jehovah's Witnesses congregation to testify about statements made to them by Gilbert Simental, who is charged with molesting two of his daughter's friends. The victims' parents complained to congregational elders about the abuse, and the elders convened a judicial committee to look into the charges. Prosecutor Burke Strunsky says that Simental confessed to the judicial committee, and afterwards, Elder Andrew Sinay talked about the admissions with the girls' mother. Simental's attorneys say their client is innocent. Prosecutors will likely point to a 2005 decision by a Napa County court holding that statements by an accused molester made to Jehovah's Witnesses elders during a judicial committee are not covered by the penitent-clergy privilege because the committee is not required by the organization's practices to keep the statements confidential. The information goes to Jehovah's Witnesses headquarters, and it keeps a non-public database of those who elders have found committed child molestation.
Thursday, March 06, 2008
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4 comments:
The Jehovah's Witnesses church has a serious situation of child abuse and criminal pedophilia.This is worsened by their subterfuge "two witness" demand of evidence.
Jehovah's Witnesses and the general public need to be warned about the Watchtower's two-witness policy for sexual abuse! It is destroying children's lives.
Sexual Abuse and Child Abuse Among Jehovah's Witnesses http://www.exjws.net/sexabuse/index.htm
Secrets of Pedophilia in an American Religion, Jehovah's Witnesses in Crisis,by Barbara Anderson
WATCHTOWER COURT DOCUMENTS
http://www.watchtowerdocuments.com/
Silent Lambs for the Children
http://www.silentlambs.org
Three elders sit on a Judicial Committee, hear a confession, then render a verdict. That automatically negates true confidentiality which is only one-to-one, that is one confessor to one listening clergy.
Later the Judicial Committee sends a report copy of its hearing and verdict to headquarters where it can and does come under eyes of still more people such as attorneys, word processors, data-operators, filers, nosey top level Governing Body members and other elders etc.
Below is the law about the clergy penitent privilege. If the citizens think this law is a bad idea, then they should change it. The elders are bound by this law. God's law is higher, but God's law is not very specific and really gives no guidance. We tell truth to those entitled to it. Just who is entitled to it? Not very clear, is it?
I am glad, but surprised the elders told the mother (usually they would speak to dad) initially that Gilbert confessed. I personally believe that she was entitled to it. That was a violation of the California law strictly speaking. But in the JW organization, the purpose of a judicial fact finding is to gather facts about a matter and pursue such matters to protect God's name, to protect the spiritual purity of the congregation and lastly in importance, to regain the sinner. Confidentiality allows this to be played out with less drama and disruption to the peace of the congregation. The elders are not agents of the state although they are subject to its laws. They do believe they are agents of God and so their mandate is the three items above. (JW's often use the "Old Testament" as precedent. There is no provision for confidentiality in that code.) Change the law and you should get their full cooperation. That does not mean that men are not biased, but that is an individual thing, not a policy thing.
California
Cal. Penal Code § 11165.7(a)(32)-(33) (LexisNexis through 7/30/07)
A mandated reporter is defined as any of the following:
•
A clergy member, as specified in § 11166(c). As used in this article, ‘’clergy member’’ means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
•
Any custodian of records of a clergy member, as specified in this section and § 11166(c).
Cal. Penal Code § 11166(d)(1)-(2) (LexisNexis through Cal. 2007 Legis. Serv., Ch. 393)
A clergy member who acquires knowledge or reasonable suspicion of child abuse during a penitential communication is not subject to the requirement to make a report. For the purposes of this subdivision, ‘’penitential communication’’ means a communication, intended to be in confidence, including, but not limited to, a sacramental confession, made to a clergy member who, in the course of the discipline or practice of his or her church, denomination, or organization, is authorized or accustomed to hear those communications, and under the discipline, tenets, customs, or practices of his or her church, denomination, or organization, has a duty to keep those communications secret.
Nothing in this subdivision shall be construed to modify or limit a clergy member’s duty to report known or suspected child abuse when a clergy member is acting in some other capacity that would otherwise make the clergy member a mandated reporter.
http://www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandatedall.pdf
It is up to you whether you believe what Silentlambs are saying, but before you do I suggest you visit this site
Jehovah's Witnesses feel that their child protection policies have been badly misrepresented on the internet. We'd like the opportunity to explain. Please visit this site for details.
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