Jehovah's Witnesses and Child Sex Abuse (Legal Summary) (2012)

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JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

A BRIEF HANDBOOK FOR ATTORNEYS AND OTHER LEGAL PROFESSIONALS

PRESENTED BY EXODUS A BRIEF HANDBOOK FOR ATTORNEYS AND OTHER LEGAL PROFESSIONALS

First Edition

© 2016 Exodus

DISCLAIMER: The information contained in this handbook is provided with the understanding that the authors and reviewers are not herein engaged in rendering legal, medical, psychological or other professional advice and/or services

legal, medical, psychological, or other professional advice and/or services. Accordingly, the information provided in this handbook is for educational purposes only and not for the purpose of providing legal, medical, psychological, or other professional advice. You should contact an attorney to obtain legal counsel with respect to your particular legal needs. If you are in need of counseling, therapy, medical treatment, or psychological treatment of any sort, consult with a physician immediately. If you are feeling suicidal, contact emergency services at once

immediately. If you are feeling suicidal, contact emergency services at once.

The opinions expressed in this handbook are the opinions of the individual authors and may not reflect the opinions of Exodus or any other contributors. The authors of this handbook wish to acknowledge their gratitude to all those who helped compile this information.

TABLE OF CONTENTS

Purpose of This Handbook ... 4

References ... 5

A Brief Overview of Jehovah's Witnesses... 7

Understanding the Judicial Process of Jehovah's Witnesses ... 17

The "Two Witness Rule" ... 21

When the Accused Moves to a New Congregation ... 24

Pedophilia as a "Sin"... 27

Lack of Reporting... 30

Putting Known Pedophiles in Positions of Authority ... 32

A Brief Overview of the Effects on Victims ... 35

General Information Regarding Pedophiles... 37

Summation... 39 SECTION 1: PURPOSE OF THIS HANDBOOK

This handbook has been created to help lawyers and other legal professionals better understand the challenges in dealing with Jehovah's Witnesses in litigating, addressing, and treating matters of child sexual abuse. Those outside of this religion who are unfamiliar with its beliefs and practices may find that information and resources for such litigation are scarce and/or difficult to understand.

By using this handbook, we hope that those who are fighting for justice for the victims of child sex abuse within the religion of Jehovah's Witnesses can better prepare their cases, and better understand those abuse victims.

This handbook is meant for free and public distribution, but no part of its contents may be altered, reprinted, or copied without the express written consent of the copyright holder.

This handbook is not intended for resale.

Information may be updated and edited as needed.

We welcome your feedback about this handbook as well as suggested edits and improvements.

SECTION 2: REFERENCES

Note that the following references will be used repeatedly throughout this booklet:

The Australian Royal Commission Inquiry Into Institutional Responses to Child Sexual Abuse

The Australian Royal Commission Inquiry Into Institutional Responses to Child Sexual Abuse questioned members of the Jehovah's Witnesses faith during July and August of 2015. 1 According to the website for the Royal Commission:

"The scope and purpose of the public hearing is to inquire into:

The experience of survivors of child sexual abuse within the Jehovah's Witnesses Church in Australia.

The response of the Jehovah's Witnesses Church and the Watchtower Bible and Tract Society of Australia Ltd to allegations, reports or complaints of child sexual abuse within the Church.

The systems, policies and procedures in place within the Jehovah's Witnesses Church and the Watchtower Bible and Tract Society of Australia Ltd for raising and responding to allegations of or concerns about child sexual abuse within the Church.

The systems, policies and procedures in place within the Jehovah's Witnesses Church and the Watchtower Bible and Tract Society of Australia Ltd to prevent child sexual abuse within the Church.

Any related matters."

While the Inquiry was limited to practices and experiences of Jehovah's Witnesses in Australia, the answers and information shared can be very helpful to attorneys and litigators in other countries.

The "Australian RC" will be referenced throughout this handbook. The Inquiry's Submission of Senior Counsel Assisting the Royal Commission will be referred to as "SSCARC" and is attached to the end of this booklet, but please also refer to their website for more information.

October 1,2012,Letter to All Elders Worldwide

On October 1,2012,a letter to elders in the congregations of Jehovah's Witnesses was distributed worldwide, addressing the matter of child sexual abuse. This letter is attached to the end of this booklet and will be referenced as "Letter (2012)."

"Shepherd the Flock of God in Your Care"

Elders in congregations of Jehovah's Witnesses refer to a handbook titled, "Shepherd the Flock of God in Your Care," and this handbook addresses, among other issues, reasons for disfellowshipping (excommunication), marking (lack of socializing with active congregation members) and the handling of matters such as child sex abuse. The handbook will be referred to as the "Shepherd Book."

A copy of the "Shepherd Book" was tendered as an Exhibit for the Australian RC; it can be viewed in its entirety at the website for their exhibits:

http://www.childabuseroyalcommission.gov.au/exhibits/636f01a5-50db-4b59-a35e a24ae07fb0ad/case-study-29,-july-2015,-sydney

Note the exhibit titled, "Marked-up copy of Shepherd the Flock of God," Document ID: WAT.0003.001.0001

All other reference material is published by Jehovah's Witnesses unless otherwise noted.

SECTION 3: A BRIEF OVERVIEW OF JEHOVAH'S WITNESSES

The Watchtower Bible & Tract Society of New York, commonly known as Jehovah's Witnesses, currently claims some 7 to 8 million members worldwide. The religion is most known for their door-to-door proselytizing, their Watchtower magazine, their refusal to celebrate all holidays including birthdays, and their refusal to accept whole blood transfusions for them and their children, even in life-threatening situations.

Religious Structure

Jehovah's Witnesses receive their direction from a governing body, a small group of men (seven, as of this writing) who work from the state of New York, U.S.A. The governing body, while not the legal officers of the organization, makes all final decisions as to the beliefs, teachings, and practices of the religion.

The governing body is assisted by helper committees. These oversee various aspects of maintaining the religion, including the construction of new religious buildings, translation of their literature, overseeing their legal affairs, and so on.

Throughout the world, there are several branch offices that exist to serve the more localized needs of Jehovah's Witnesses in various countries; one branch office may be assigned over a number of countries and not just the country where the branch is physically located. These branch offices may oversee construction of new buildings, the organization of their preaching work in local areas, the oversight of legal matters according to local laws and regulations, and so on. Those who work in these branch offices must adhere to direction given to them by the governing body, although they may alert their New York headquarters to potential conflicts in their direction when it comes to local legal issues, building plans, and the like.

Groups of several local congregations of Jehovah's Witnesses form what is called a circuit. Each individual congregation is directed by a body of elders, who take direction from a "circuit overseer" as well as directly from the headquarters in New York; the circuit overseer will receive his direction from the local branch office and regularly visits each congregation in his local circuit, typically twice per year.

Local bodies of elders are told to follow the instructions from the religion's governing body regarding procedural matters completely, while still having tremendous autonomy in making decisions that affect the lives of everyday Jehovah's Witnesses, including the decision to disfellowship (excommunicate) members for various perceived sins. They are also given authority to recommend other men for the appointment of becoming an elder.

JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

Elders are also given tremendous respect and deference in each congregation; while congregants are told to train and use their own conscience on individual, private matters, elders give instruction and counsel that may greatly influence a congregant's decisions. As an example, the September 15,2015, Watchtower magazine stated regarding using your conscience as a guide in deciding on health-related issues:

"A branch office or the local congregation elders do not have the authority to make medical decisions for a Christian, even if he asks what to do. (Galatians 6:5) However, the elders can share what Jehovah says in order to help a Christian make a wise decision."

Jehovah's Witnesses have said that elders are appointed by god's "holy spirit," 2 so everyday congregation members typically defer to their authority and opinions on many matters, as they are directed to do in the literature of Jehovah's Witnesses. 3

Congregants are also often told that the elder body should be consulted in order to clear one's conscience of wrongdoing; note the April 15,2013, Watchtower (simplified edition):

"When Anne was in her late teens, she served as a regular pioneer. However, she began to live a double life. This affected her greatly. She states: "What was left of my conscience felt guilty. I was unhappy and depressed all the time." What did she do? She states that one day at the meeting, James 5:14, 15 was discussed. Anne realized that she needed help and went to the elders for assistance. Looking back, she says: "Those scriptures are a prescription written by Jehovah for spiritual healing. The medicine is not easy to swallow, but it does heal. I heeded the advice found in those scriptures, and it worked." Some years have passed, and with renewed strength Anne is again zealously serving Jehovah with a good conscience." (Bold added for emphasis.)

Also, the February 15, 2011, Watchtower:

"Consider what happened to one Christian. He says: "I secretly viewed pornography. I created a fantasy world that I thought was disconnected from the world where I served Jehovah.I knew that this practice was wrong but told myself that my service to God was still acceptable." What changed this brother's thinking? He states: "Although it was the most difficult thing I have ever done, I decided to tell the JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

elders about my problem." This brother eventually broke free from this degrading habit. "After I cleansed my life of this sin," he admits, "I finally felt that I had a truly clean conscience."" (Bold added for emphasis.)

Elders receive direction from information given by the religious headquarters in New York, most specifically the "Shepherd Book." This book is kept confidential from other congregants and is for the elders only. Other direction may come in the form of letters addressed to the elders alone, also to be kept confidential from other congregants, as well as direction from the local circuit overseer or branch office.

Within each congregation, members are referred to as publishers. This denotes their preaching work; each member of a congregation is expected to participate in their door-to-door proselytizing work, often called "field service" or "service." In order to qualify as a publisher, children of Jehovah's Witnesses or those who are converted from outside the religion must adhere to certain codes of conduct that are applicable to all members. This includes, among other things, being a nonsmoker, not having sex outside of marriage, not celebrating holidays or birthdays, and the like.

Publishers are required to record the number of hours they spend in their preaching work, along with the number of magazines and other books or pieces of literature they leave with others while preaching. This record may also include literature they leave in public such as at bus stops or in a doctor's waiting room, etc. This record of hours may also include time they spend discussing the religion with someone over the phone, through email, and other electronic means; parents include time spent studying bible lessons with their children. This record is referred to as their field service report or simply their "service report."

Note, congregants may believe that they "voluntarily" report this time. However, if they do not turn in a report for even one month, they are considered to be "irregular" and "spiritually sick." 4 Being irregular will result in being admonished by the elders to become active in the ministry again and to not miss a month, and may result in people not associating with you while you are "spiritually sick." Since Jehovah's Witnesses are regularly admonished to only have other Jehovah's Witnesses as friends, this is a powerful motivating force to keep this record and continue to proselytize for the religion as much as possible.

JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

The information on a person's monthly report is kept on what is called their publisher card, a long-term record of their monthly numbers. This card is referenced when someone is considered for any positions of authority or responsibility in the congregation; for example, when elders recommend a man to also become an elder, that man's publisher card is referenced and critiqued as part of his "qualifications." The card is also referenced in determining cases of potential wrongdoing (see Section 6: When the Accused Moves to a New Congregation).

A person is officially considered one of Jehovah's Witnesses when he or she is baptized. While Jehovah's Witnesses do not practice infant baptism and teach that being baptized is a decision that each person must make for themselves, 5,6 very young children, including preteens and those as young as six years old, are allowed to be baptized in the religion.

Leaving the Religion

A person may leave the religion of Jehovah's Witnesses in one of three ways; one, they may be "disfellowshipped" for a perceived sin. Two, when a person officially leaves the religion by writing a letter to their congregation stating that they no longer wish to remain in the religion; they are then referred to as "disassociated." Both these forms of excommunication are followed by a public announcement that "so-and-so is no longer one of Jehovah's Witnesses." This announcement is made in their local congregation but may also be made in any congregation the person frequented often or where he or she was well known, such as the congregation where they grew up.

Three, a person who simply stops going to regular meetings of Jehovah's Witnesses and out in their preaching work, without going through the process of being disfellowshipped or of disassociating themselves; they are then called "inactive." When there is a span of six months of a person not turning in a record of their preaching activity, they are officially considered inactive. These ones may also refer to themselves as "faders," or having simply faded from the religion. Inactive ones, while not associating with Jehovah's Witnesses, are still typically regarded as needing to abide by the principles of the religion since they have not officially left. If an inactive one were to be found celebrating Christmas, living with someone who is not their spouse, smoking, etc., they may face disfellowshipping.

JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

Disfellowshipping and Reproof 7

A person may be disfellowshipped for a variety of recognized sins, including smoking, gambling, and speaking out against the religion itself or disagreeing with its teachings. Elders in local congregations are given instruction as to how they handle hearings and investigations into these matters, but are also given great leeway in determining innocence or guilt when it comes to accusations of serious sins.

When a person is disfellowshipped and an announcement is made to the congregation that they are no longer considered one of Jehovah's Witnesses, there is typically no information given as to their sin or conduct that led to this decision.

Additionally, a person who has been found to be guilty of certain sins may show "repentance" and be "reproved" rather than disfellowshipped. This reproof may be public and would include a brief announcement to the local congregation that such a reproof has been administered, with no information given about their particular sin. The reproof may also be considered private, given as an official statement by the elders to the person only. This reproof process, either public or private, then also allows such a person to continue to associate with others in the congregation, albeit with some slight restrictions, rather than being shunned.

Secluded Life

While everyday Jehovah's Witnesses do not live on any type of commune or in a secluded, sequestered area, they do typically live very isolated lives. 8 Jehovah's Witnesses are consistently counseled to avoid association with those who are not Jehovah's Witnesses. 9 Children are often not allowed to participate in extracurricular activities and may even be homeschooled by their parents. Jehovah's Witnesses are strongly counseled against marrying or even dating non- Jehovah's Witnesses. 10 JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

Jehovah's Witnesses do not celebrate holidays including Christmas, Easter, Hanukkah, and even birthdays; children at school and those who have family that are not Jehovah's Witnesses may need to keep themselves separate during, or excuse themselves from observing, such events and celebrations.

Those who are not Jehovah's Witnesses are referred to as being in "the world" or "worldly," and these ones are spoken of in very unfavorable terms. For example, note the book, "Keep Yourselves in God's Love," (2016), page 50:

"The world' Jesus mentioned refers to all of mankind who are alienated from God, ruled by Satan, and enslaved to the selfish, prideful spirit that emanates from him. (John 14:30; Ephesians 2:2; 1 John 5:19) Indeed, 'friendship with [that] world is enmity with God."

Also note the June 1, 2005, Watchtower, pages 11-12:

"Another example of divine loving-kindness is that God warns his servants to remain separate from the wicked world, which he will soon destroy. We read: 'Do not be loving either the world or the things in the world. If anyone loves the world, the love of the Father is not in him; because everything in the world—the desire of the flesh and the desire of the eyes and the showy display of one's means of life—does not originate with the Father, but originates with the world.' By giving heed to this warning and acting accordingly, we can literally safeguard our life for all eternity, for the text continues: 'Furthermore, the world is passing away and so is its desire, but he that does the will of God remains forever."

This attitude toward those who are not Jehovah's Witnesses can make it difficult for congregants to approach police and other authority figures regarding child molestation charges, especially when young ones need to do this on their own. Note the testimony of one victim during the Australian RC:

"I was always terrified of being kicked out of home or disfellowshipped because I feared what Jehovah would do to me. I was taught from a young age that people outside the Church (referred to by Jehovah's Witnesses as 'worldly people') were bad and not to be trusted and they served Satan. Even the prospect of speaking to the police was extremely scary as they were also considered to be very bad people."11

Shunning JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

Jehovah's Witnesses practice a severe and harsh form of shunning. Those who are disfellowshipped or excommunicated are avoided and shunned, 12 even those who are close family. This is also true for those who officially leave the religion on their own, having "disassociated" themselves. 13

While close, immediate family may have some limited contact with disfellowshipped or disassociated ones, this contact is typically minimal at best; persistent association or contact may result in counsel from elders or other sanctions. 14 Other relatives and former friends will typically not even address such a person after they have been disfellowshipped or disassociated.

Disfellowshipping and subsequent shunning can be applied even to "young ones" in the congregation and family. 15

These ones who leave are often referred to as "apostates" and have been called "mentally diseased." 16

Those who become inactive or fade from the religion may not face this official shunning, but association with them is often limited if not completely cut off. During a discourse presented at the 2016 summer conventions of Jehovah's Witnesses, an example was shared of a man and his siblings who quit associating with their inactive mother, referring to their decision as "loyalty to Jehovah." 17

Within the congregation, persons can be "marked," meaning that other congregants limit their socializing with that person, although not officially or completely shunning them. 18 JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

Family Structure

Jehovah's Witnesses follow a patriarchal family arrangement, with the husband being the "head" of his wife; she is counseled to be "submissive" to his direction and defer to his authority on all matters. This includes matters related to the home and children, her employment, and even personal matters, such as her own dress and grooming. 19,20

Fathers also have prime responsibility and decision making for how children are disciplined. 21 Corporal punishment is neither forbidden nor outright endorsed by Jehovah's Witnesses. 22 Personal experiences of extreme physical discipline abound from former Jehovah's Witnesses, including spankings, paddling, smacks, and the like. 23

Women in the Religion

While members of the religion are told to treat women with respect, women are not allowed to hold any positions of authority or responsibility in the religion; elders, circuit overseers, and others in positions of responsibility are always men, without any exception. Women are not allowed to have access to the same information as men in the religion; a letter sent to all elders regarding the "Shepherd Book" stated:

"Since the release of the new Shepherding textbook, several elders have asked about the possibility of having their textbook spiral bound. There is no objection if an elder personally spiral binds or laminates his own textbook or does so for other elders. If he has another baptized brother who is not an elder do the work for him, the elder must watch while the work is being done. Outside companies, unbelievers, or sisters [meaning women in the congregation] are not permitted to do this work. The material in the book is confidential, and confidentiality must be preserved."

JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

This lack of access to equal information extends to married couples when there is a judicial committee hearing (see Section 4: Understanding the Judicial Process of Jehovah's Witnesses) for accusations of adultery. Note:

"Meeting With Marriage Mates

If the accused is a married sister, it is best to have her believing husband present for the hearing... If the accused is a married brother, his wife would normally not attend the hearing. However, if the husband wants his wife to be present, she may attend a portion of the hearing. The judicial committee should maintain confidentiality. If the husband committed adultery, he has an obligation to inform his wife of the facts. The judicial committee should promptly inquire of the Christian wife as to what her husband has told her. If he refuses to inform her of his adultery, the elders should inform her that because of her husband's conduct, it is up to her to decide whether to pursue a Scriptural divorce or not. Furthermore, they should inform the innocent mate that her resuming sexual relations with the guilty mate would negate any claim to Scriptural freedom. But they should not give her further details. On the other hand, the elders may find that while the husband did confess adultery to his wife, he did not tell her the full extent of his wrong conduct and left out important information that the wife should know. The elders should not provide this confidential information to the wife, but they can suggest that she speak with her husband again."24 (Bold added for emphasis.)

Women are also typically expected to defer to the authority of baptized males in the congregation, and this is typically regardless of circumstances. As an example, those who wish to participate in the preaching work of Jehovah's Witnesses usually meet at a local Kingdom Hall first, to be organized into car groups and given assigned areas to preach. A baptized male who is present is expected to preside over this meeting. A woman would typically defer to this arrangement, even if that baptized male is a preteen and the women present are older than him. 25

When handling spiritual responsibilities that would otherwise be handled by a man in the congregation or in her own family, a woman is required to wear a head JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

covering of some sort. 26 A head covering is also required for women when publicly translating any type of presentation for the deaf. 27 Wearing a head covering is also required of a woman when studying the bible or giving spiritual instruction to her own son, if he is a baptized member of the congregation. 28

Women are also not part of the investigative process when it comes to matters of sexual abuse of children or any other judicial type of process. 29 SECTION 4: UNDERSTANDING THE JUDICIAL PROCESS OF JEHOVAH'S WITNESSES

When one of Jehovah's Witnesses has been accused of or confesses a sin worthy of disfellowshipping, reproof, or some sort of counsel, an initial investigation may be conducted; elders then decide if a "judicial committee" is warranted.

This committee consists of three or more elders who hear accusations, confessions, and other such information, and then decide if a person should be disfellowshipped or reproved, or if no action should be taken against them at all. Note some detailed information about the process itself, especially as it applies to cases of child sexual molestation.

Confidentiality of Rules Governing Judicial Process

It is important to note that the judicial process of Jehovah's Witnesses is conducted according to the guidelines set out in the "Shepherd Book," however, only elders are allowed access to this book and those subsequent guidelines. 30 This can result in congregants not understanding the information needed by elders to fully weigh accusations made regarding child sexual abuse, the processes they must go through when bringing about those accusations, or even the purpose of some steps in those processes. Note the testimony of one victim offered during the Australian RC (bold added for emphasis):

"I remember meeting with the Elders (Dino, Ron and Kevin) by myself on a number of occasions for a couple of hours at a time. On one occasion, they brought my father into the room so that I could tell him what I had told the Elders. I cannot recall exactly how many times I had to meet with the Elders. I didn't want to be there and I felt so uncomfortable. I had nobody to support me. I don't remember anyone really explaining the purpose of the Committee Meetings to me, but I understood at the time that the Elders were investigating what I had alleged."31

Confronting Abuser

Jehovah's Witnesses are counseled and encouraged to speak personally with someone who has committed a serious offense against them. From the August 15, 2011, Watchtower: JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

"What can we do to solve the problem? Matthew 18:15 says: "If your brother commits a sin, go lay bare his fault between you and him alone. If he listens to you, you have gained your brother." Even though Matthew 18:15-17 talks about a serious sin, we could use the principle, or lesson, in verse 15 in other situations. So when we have a problem with someone, it is best to talk to him alone about it. We should talk to our brother kindly and try to have peace with him again."

During the Australian RC, one victim stated in her testimony that the elders instructed her that she needed to first speak to her father herself about his molestation of her before they could assist. 32

If elders do become involved in matters between congregants, they require that someone making an accusation face the person whom they are accusing, if there is no confession from the accused:

"If the accused denies the accusation, the investigating elders should try to arrange a meeting with him and the accuser together. (Note: If the accusation involves child sexual abuse and the victim is currently a minor, the elders should contact the branch office before arranging a meeting with the child and the alleged abuser.)" 33

The exception to this would be if they needed to put their accusations in writing because of living some distance away.

This confrontation is done in the presence of the accused and investigating elders only. During such judicial meetings, elders are told that "observers should not be present for moral support." 34

Elders and Questioning

As said, elders in the congregation of Jehovah's Witnesses are always male. When a child sex abuse victim, whether male or female, confronts their abuser, they will do so in the presence of these male elders only. During the Australian RC, victims who said that having to speak to a panel of all elders not only made them uncomfortable but also resulted in them not disclosing the full extent of their abuse. 35

Another point to note is that elders in congregations of Jehovah's Witnesses have no formal training as to rape crisis counseling, child abuse counseling or investigation, JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

psychology, psychotherapy, criminal investigations, and the like. This is despite the fact that questioning children regarding sexual abuse, if not done by a trained professional, may upset the victim 36 and also contaminate their testimony if they were later called on in a court of law.

Elders also do not have any type of training as to how to conduct such questioning and are given virtual free reign to ask any question or discuss any type of subject when investigating these abuses:

One victim interviewed during the Australian RC stated in her testimony, "The elders asked me questions like, 'Did you enjoy it?' " and also stated, "At times, it felt as though they were getting off on what I was telling them." 37

The point was made during the Australian RC that responding to children making accusations of sexual abuse is a "specialist area" but that the roles of elders could not be given up to "a professional outside of the church," referring to counselors or a psychiatrist. 38

Lack of Questioning Guidelines or Restraint for Accused

There are no guidelines as to how an accused person may respond to such accusations during the judicial committee process.

During the Australian RC, one victim who was accusing her father of sexual abuse stated that he became angry and belligerent and even threatened bodily harm to her during the judicial meeting. The elders present did nothing to stop such threats until the man began making physical advances toward the girl. 39

In 2014, in the UK, a man by the name of Mark Sewell was being investigated for raping a girl in his local congregation and, during his judicial committee meeting, it was said that he demanded the girl note how far apart her legs were spread during the attack. This was so that Sewell, a rather large man, could demonstrate with his own wife that he could not have raped her without her legs being even further apart. 40

In 2014, also in the UK, a man by the name of Jonathan Rose was allowed to "grill" his victims of child sexual assault even after having served time in prison for the offense. It was reported that his victims, aged 5 and 10 at the time of their assault, were asked if they had "enjoyed it at all." 41 SECTION 5: THE "TWO WITNESS RULE"

Jehovah's Witnesses adhere to a "two witness" rule when it comes to acting on matters of pedophilia, meaning that they require a second witness to the incident before they will remove an accused pedophile from their congregation. Note instructions given to elders:

"There must be two or three eyewitnesses, not just people repeating hearsay; no action can be taken if there is only one witness." 42

"If the accuser or the accused is unwilling to meet with the elders or if the accused continues to deny the accusation of a single witness and the wrongdoing is not established, the elders will leave matters in Jehovah's hands." 43

Dismissing Witnesses

During the Australian RC inquiry, it was revealed that in one case in particular, four daughters of the same man all said that they had been molested by him, the wife of the man noted that he had confessed to sexually abusing the daughters, and the man himself confessed to the actions. However, elders in the case dismissed the testimony of the family and the man himself as being unreliable. 44 This would be in direct conflict with their direction that two witnesses can be satisfactory to establish guilt; in this case, there were four victims and two adults (the man and his wife) who attested to his behavior, and the allegations were still dismissed.

Destroying Notes

Jehovah's Witnesses consider a witness to the same type of wrongdoing as a needed second witness; note:

"If there are two or three witnesses to the same kind of wrongdoing but each one is witness to a separate incident, the elders can consider their testimony. While such JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

evidence is acceptable to establish guilt, it is preferable to have two witnesses to the same occurrence of wrongdoing." 45

Despite this direction, during the Australian RC, it was revealed that congregation elders habitually destroyed notes and records of allegations of various sins including child sexual abuse. 46

In the UK, "the Independent Inquiry into Child Sexual Abuse will investigate whether public bodies and other non-state institutions have taken seriously their duty of care to protect children from sexual abuse in England and Wales." This process is often called the Goddard Inquiry because it is being overseen by the Honorable Dame Lowell Goddard, DNZM. 47 On August 19,2015,the Inquiry issued "retention instructions" that said,in part:

"The Inquiry has issued retention instructions to a range of institutions requesting the preservation of all records relating to the care of children so that they remain available for inspection by the Inquiry ... Under Section 21 of the Inquiries Act 2005 the Inquiry has the power to order the production of documents. Failure to comply with such an order without reasonable excuse is an offence punishable by imprisonment (Section 35 of the Inquiries Act 2005). It is also an offence for a person, during the course of an Inquiry, to destroy, alter or tamper with evidence that may be relevant to an Inquiry, or deliberately to do an act with the intention of suppressing evidence or preventing it being disclosed to the Inquiry ... Institutions therefore have an obligation to preserve records for the Inquiry for as long as necessary to assist the Inquiry."48

In November of 2015, the elders in congregations of Jehovah's Witnesses received notice that they should perform an "Audit of File." This audit would include the destruction of agenda and minutes of elders' meetings, personal notes taken at elders' meetings that include reference to any individual, correspondence, and any other personal notes that reference any individual. 49

BBC's Radio 4 program for Sunday, February 14, 2016, featured a 10-minute segment about this issue. The host noted that any concerns a congregation may JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

have about their records "are trumped" by the order from the Inquiry. He also asked the very legitimate question, "Why then were Jehovah's Witnesses told last year to destroy all those documents by the end of December?" A legal analyst was also quoted on the program as saying, "It looks as if the Jehovah's Witnesses have a certain amount of explaining to do." 50

This habitual and purposeful destroying of notes all but eliminates any opportunity the elders have to compare previous allegations of child sexual assault with current allegations. In turn, this necessary "second witness" to the "same type of wrongdoing" would not be discovered.

Hypocrisy of Judging Adult Rape Victims

While Jehovah's Witnesses state that "no action can be taken if there is only one witness," note also their direction when it comes to cases of "porneia" or sexual immorality:

"One who was raped would not be guilty of porneia. Discernment is needed in considering claims of rape, taking into consideration such factors as the mental disposition of the person, the circumstances that led up to the incident, and any delay in reporting."51

The point being, Jehovah's Witnesses claim that there is scriptural precedent for needing two witnesses to any accusations, including cases of child sexual abuse, in order to take judicial action against the accused. However, they will use "discernment" in taking into account claims of an adult woman being raped, without requiring two witnesses to her conduct or to the incident in question.

SECTION 6: WHEN THE ACCUSED MOVES TO A NEW CONGREGATION

The following instructions are given to elders for when an accused child molester moves to a different congregation:

"In a case in which a brother denies an allegation of child abuse and he has been accused by only one witness, the following direction is given if he moves to another congregation. The elders should consult the branch office before sending any information regarding the accusation to the elders in the new congregation. It would be helpful if your letter to the branch office provided a detailed summary of the matter and explained the spiritual condition and personal circumstances of the accused and the accuser. With regard to the accused, the following questions should be answered: (1) What is his interaction with children? (2) Does he admit to any activity with the accuser that could have been misinterpreted by the accuser as sexual abuse, or does he claim to have a poor memory of the accusation? (3) What is his response to why the accuser has made the allegation? (4) Has he had to be counseled for any other matters of a sexual nature, such as inappropriate conduct with adult sisters or pornography? (5) What is the level of his spirituality? (6) Do all the elders on the body believe that he can be trusted with children? The following questions should be answered with regard to the accuser: (1) What is the level of maturity of the child or youth? (2) Is he (or she) describing conduct that one his age would not normally know about? (3) Is the child or his parents known to be serious, mature? (4) Is his memory consistent, or is it intermittent, or does it involve repressed memories? (w95 11/1 pp. 25-26) (5) What is the reputation of the parents? (6) Are they spiritually and emotionally mature? After carefully considering the matter, the branch office will then give you direction as to what information about the allegation should be shared, if any, with the elders of the new congregation." 52

Note a few key points from these instructions:

"Does he admit to any activity with the accuser that could have been misinterpreted by the accuser as sexual abuse..." It is immediately suggested that children may misinterpret actions of the accused as being sexual molestation. As said, elders of Jehovah's Witnesses have no formal training in child psychology or criminology so as to be able to discern this.

"...inappropriate conduct with adult sisters or pornography?" Sexual relations with adults and viewing of pornography in of themselves are not indicators of JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

potential danger to children; only the viewing of child pornography would indicate a risk factor for pedophilia.

"What is the level of his spirituality?" A person's activities within a religion are not in of themselves indicators of potential danger to children, or lack thereof. If the majority of elders feel that the accused is very "spiritual," this may simply indicate that a molester has been successful in "grooming" their victims or in deceiving other adults as to their overall nature and personality. The National Association of Adult Survivors of Child Abuse states; "Many pedophiles are extremely clever, often charming, patient people, frequently thought of as among the most valued of community members. That's because they spend a lot of time grooming the parents, friends and neighbors of the children around them ... pedophiles are as clever as can be in grooming the adults around them."53

"What is the level of maturity of the child or youth?" This question is ambiguous; note, too, that a child who is relatively immature may not be offering incorrect, dishonest, or untrustworthy testimony regarding sexual abuse.

"Is the child or his parents known to be serious, mature?" The maturity level, spirituality, and seriousness of the parents are not a determining factor for discerning allegations of child molestation. The "seriousness" of a child is also ambiguous, and also is not a determining factor for discerning allegations of molestation.

"Is his memory consistent, or is it intermittent, or does it involve repressed memories?" Only trained experts can and should evaluate memories of traumatic events, as studies suggest that these may not always be consistent even though they may be reliable. 54 There is also debate among experts as to the subject of repressed memories and if "guided imagery" may be a contributing factor 55 ; this, too, is why such questioning is best left to trained professionals who can discern the trustworthiness of a child's memories.

"What is the reputation of the parents?" This question endorses hearsay and gossip, and leaves the elders open to involve their own opinion of the parents; as stated above, a parent's reputation may also have little to no bearing on the trustworthiness of a child's statements.

"Are they spiritually and emotionally mature?" Children in families where one or both parents experience mental health challenges are actually at an elevated risk for abuse. 56 Such families might be discriminated against while the children remain at a higher risk of continued abuse. 57

These directions openly state that information regarding allegations may potentially not be shared with a new congregation. Parents in the new congregation would not be alerted as to the allegations against a potential pedophile. As stated, this also eliminates the possibility of elders acting on their own counsel of needing a second witness to the same conduct, if they are not told that a person faced allegations of the same conduct in a previous congregation.

SECTION 7: PEDOPHILIA AS A "SIN"

Jehovah's Witnesses treat child molestation as a "sin," equivalent to adultery, fornication, and other forms of immorality. Note:

"Shocking as it is, even some who have been prominent in Jehovah's organization have succumbed to immoral practices, including homosexuality, wife swapping, and child molesting." 58 (Bold added for emphasis.)

"If the person is not repentant over the gross sin, disfellowshipping action would be warranted. If the decision is to reprove, the reproof should be announced." 59 (Bold added for emphasis.)

In a December 3,1993, letter to a body of elders in a congregation of Jehovah's Witnesses in Fremont, California, the New York headquarters addressed a question the elders had regarding a man by the name of Jonathan Kendrick. Kendrick had been caught fondling the breasts of his teenage stepdaughter while she slept. The response as to how to handle this matter stated:

"Uncleanness includes an intentional momentary touching of sexual parts or caressing of breasts. Such minor uncleanness can be handled at the discretion of an elder or two; it does not require a judicial committee hearing." 60 (Bold added for emphasis.)

"Repentant" Molesters Allowed to Remain in Congregation

Because child molestation is considered a sin, those who have been found guilty of this act through the internal judicial committee process may be deemed "repentant" and are then only counseled for their actions and not removed from the congregation.

Someone who has been disfellowshipped for these actions can then also be deemed repentant at a later date and reinstated:

"Loving elders should take steps to protect children, especially when a judicial committee determines that the one who has sexually abused a child is repentant and will be allowed to remain a member of the Christian congregation. The same concern would be shown when one who has sexually abused a child is disfellowshipped, later cleans up his life, and is reinstated."61

Confidentiality Granted to Known Child Molesters

Even if child molesters are allowed to remain in the congregation, no announcement or information is given to other congregants, with only a slight exception:

"Not every individual who has sexually abused a child in the past is considered a "predator." The branch office, not the local body of elders, determines whether an individual who has sexually abused children in the past will be considered a "predator." If the branch office determines that an individual will be considered a "predator," parents with minor children will need to be warned of the danger that exists so that they can protect their children. In such a case, and only after receiving direction and instructions from the Service Department, two elders should be assigned to meet with the parents of minor children in order to provide a warning." 62 (Bold added for emphasis.)

Note that, according to this direction:

Only when a child molester is deemed a "predator" by a branch office of Jehovah's Witnesses will a warning be given to any congregation member. This branch office relies on information provided by local elders and may not even be located in the same country as the individual in question.

If a warning is given, only parents of "minor children" are included. This may be ambiguous; it doesn't state if this refers to the legal definition of "minor." Elders may, at their discretion, assume that "minor" refers to preteen children, assuming that older children and teens are not at risk from a sexual predator.

As only parents of minor children are warned, this can put many other children at risk. As an illustration, a single woman without children of her own may begin to unknowingly date a child molester in her congregation, not being warned of his past behavior; this would put her underage relatives or non-familial children she may care for at risk of becoming victims of his behavior; should they have children of their own, they too may be at risk for becoming victims of molestation.

FOOTNOTE 60

WATCHTOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.

25 COLUMBIA HEIGHTS, BROOKLYN, NEW YORK 11201, U.S.A. PHONE (718) 625-3600

SCN:SST December 3,1993

BODY OF ELDERS

NORTH CONGREGATION OF

JEHOVAH'S WITNESSES, FREMONT, CA

C/O MICHAEL J CLARKE

32852 BASS LAKE ST

FREMONT CA 94555

Dear Brothers:

Your letter dated November 15, 1993, has been received. As you will note from the enclosed S-52 form, Brother Jonathan Kendrick has been deleted from serving as a ministerial servant on the grounds of "uncleanness."

Your letter states: "He confessed to touching the breasts of his stepdaughter while she was sleeping. She was awakened instantly and knew what had happened." Since this incident is known by outside members of the family, it is appropriate that Brother Kendrick be deleted from serving as a ministerial servant with your congregation.

On page 92 of the Kingdom Ministry School textbook the following is stated: "Uncleanness includes an intentional momentary touching of sexual parts or caressing of breasts. Such minor uncleanness can be handled at the discretion of an elder or two; it does not require a judicial hearing. There is a need for strong counsel, admonition, and assistance to help the individual to maintain chaste conduct in the future."

In harmony with the above, it will not be necessary for a judicial committee to handle the "uncleanness" committed by Brother Kendrick. However, it would be appropriate for two elders to meet with him and provide him with strong Scriptural counsel so as to avoid a repetition of such a serious offense.

We trust the above comments will be helpful to you. With this letter we are pleased to send you an expression of our warm Christian love and best wishes.

Your brothers,

cc: R. Rainer, CA #40

OF NEW YORK, INC.

SECTION 8: LACK OF REPORTING

Jehovah's Witnesses report to law enforcement any accusations and known cases of child molestation only where and when required by law:

"Most states have child-abuse reporting laws that, depending on the facts, mandate elders to report an accusation to the authorities. Thus, when elders learn of an accusation of child abuse, two elders from their congregation should immediately call the Legal Department for legal advice."63

Note the key point here; elders are instructed to first call the Legal Department of their local branch office for legal advice; they are not instructed to immediately call the police and report this crime.

Australian RC Finding Regarding Reporting

Note one key finding from the Australian RC regarding the failure of elders to report allegations of child sexual abuse to law enforcement:

"Since 1950, the Jehovah's Witness organisation in Australia has received allegations of child sexual abuse against 1,006 of its members relating to at least 1,800 victims, and has in that period not reported a single allegation to the police or other authorities, even though 579 of those against whom allegations were made confessed to having committed child sexual abuse." 64

Threats to Victims Regarding Reporting

Elders in the religion of Jehovah's Witnesses have been given the following instructions:

"Child abuse is a crime. Never suggest to anyone that they should not report an allegation of child abuse to the police or other authorities. If you are asked, make it clear that whether to report the matter to the authorities or not is a personal decision for each individual to make and that there are no congregation sanctions for either decision. Elders will not criticize anyone who reports such an allegation to the authorities. If the victim wishes to make a report, it is his or her absolute right to do so."65 JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

However, during the Australian RC, one victim testified:

"After [elder] Ron de Rooy told me about my father's reinstatement, I said to Ron, 'Well, I want to take it to the police because the congregation is not safe. Children are at risk.' Ron replied to me, 'He is now a Brother again' and he quoted me the scripture that says that we don't take brothers to court. Ron said to me, 'So if you take it to the police, you will bring reproach upon Jehovah's name and you can be disfellowshipped for doing that."66

Note also these instructions given to elders:

At 1 Corinthians 6:1-8, the apostle Paul gave strong counsel that Christians should not take other Christians before secular courts to settle personal disputes that should be settled with the help of the congregation elders ... If an individual ignores God's Word on this matter, it may affect his congregation privileges. 67

While elders are told not to "criticize" or "sanction" any individual who decides to report child molestation accusations to secular authorities, this directive above may be the guidance they give any individual who approaches them for advice as to whether or not such a report would be warranted. Elders may advise them on the counsel to not bring their brothers to court; even if they don't sanction or criticize such persons or outright tell them what to do, this may be the tone of their advice, as mentioned in the victim's testimony above. In turn, this may result in many cases of child molestation not being reported to police.

SECTION 9: PUTTING KNOWN PEDOPHILES IN POSITIONS OF AUTHORITY

Known pedophiles may be given positions of authority or privileges in the congregation:

"It cannot be said in every case that one who has sexually abused a child could never qualify for privileges of service in the congregation. However, the elders will certainly want to be very cautious, especially when dealing with one who had repeatedly engaged in this kind of wrongdoing or who had been disfellowshipped for such an offense. Before privileges can be extended, such a man must meet the Scriptural qualifications of being "self-controlled" and "irreprehensible." He must "also have a fine testimony" from individuals inside and outside the congregation. (Titus 1:6-8; 1 Tim. 3:2, 7) Elders should keep in mind what is stated in the January 1, 1997, Watchtower article "Let Us Abhor What Is Wicked," page 29, paragraph 2: "Child sexual abuse reveals an unnatural fleshly weakness. Experience has shown that such an adult may well molest other children. True, not every child molester repeats the sin, but many do. And the congregation cannot read hearts to tell who is and who is not liable to molest children again. (Jeremiah 17:9) Hence, Paul's counsel to Timothy applies with special force in the case of baptized adults who have molested children: 'Never lay your hands hastily upon any man; neither be a sharer in the sins of others.'(1 Timothy 5:22)."

Hence, privileges of service should never be extended hastily. Considerable time should always pass before one who has sexually abused a child is recommended, if ever. It would be up to the local body of elders to determine whether such a recommendation should be made to the branch office, taking into account all factors in each individual case."68 (Bold added for emphasis)

Note:

It is outright stated that a man who has sexually abused a child could be given positions of authority or privileges in the congregation.

While the letter states that "considerable time" should pass before such recommendations are made, it does not state what is meant by this phrase.

Having Authority in the Congregation JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

Having authority as an elder in the congregation of Jehovah's Witnesses can have great impact on other members; as said, congregants may defer their own opinions and preferences to the elders themselves. Note direction given to Jehovah's Witnesses about obeying the elders in their congregations:

"These 'gifts in men' are overseers, or elders, appointed by Jehovah and his Son, through holy spirit, to shepherd the sheep with tenderness." And, "Our heavenly Shepherds, Jehovah God and Jesus Christ, expect us to be obedient and submissive to the undershepherds whom they have placed in positions of responsibility within the congregation."69

"...when we obey the elders, we show respect for Jehovah and Jesus, the two greatest Shepherds. (Luke 10:16) This is the main reason why we willingly obey the elders." 70

"A third way that all of us prove that we are friends of Christ is by cooperating with the direction provided by congregation elders. These men are appointed by holy spirit under Christ's direction. (Eph. 5:23) "Be obedient to those who are taking the lead among you and be submissive," wrote the apostle Paul. (Heb. 13:17) At times, we may find it a challenge to obey the Bible-based direction given to us by the local elders. We are likely aware of their imperfections, and this may distort our view of their counsel. Still, Christ, the Head of the congregation, is pleased to use these imperfect men. Therefore, the way we react to their authority directly influences our friendship with Christ. When we overlook the faults of the elders and joyfully follow their direction, we prove our love for Christ."71

"Why do we obey the elders? Because we appreciate these "gifts in men" and we love Jehovah and Christ, the Head of the congregation." 72

As congregation members are outright directed to be obedient to, and cooperative with, local elders, this can create difficulties in protecting children from pedophiles. For example, a man may use his position as an elder to "groom" a prospective victim, insisting that a child accompany him in their preaching work or come to his home under the pretense of studying the bible with him or her. Unsuspecting parents or even those warned about the molester's past behavior may accommodate his wishes, in order to be obedient to his authority, as instructed.

This position of authority in the congregation may also make it very difficult for victims to discuss their abuse or make their allegations heard. Note one victim's JEHOVAH'S WITNESSES AND CHILD SEX ABUSE

testimony during the Australian RC, regarding an elder who was sexually abusing her:

"I respected Bill because he was an elder. He was also [BCE]'s dad and head of the Neill household. But I had also come to fear him. Because of his position as an elder, I felt that I couldn't tell anyone about what he was doing to me. I felt that if I told someone, it would upset Bronwyn [the man's wife] and [BCE] as well as the members of the congregation."73

Respect for Elders

Because of this respected position in the congregation that elders hold, parents who have not received any type of notification as to a man's actions or accusations may actually encourage their children to participate in the preaching work alone with these men, visit their home for recreation or bible study, go on trips with elders and their families, and the like. They may view it as a "privilege" to associate or have their children associate with these men; note the wording of the personal experience related in the July 15, 2015, Watchtower study edition:

"I served for 16 years in Rhode Island, where I made many friends. I still remember the excellent elders with whom I served. I am also thankful for the many traveling overseers who helped me. It has been a privilege to serve Jehovah along with men who have kept their first love for Jehovah. In 1987, we moved to North Carolina where the need was greater, and there we also made many good friends." (Bold added for emphasis.) SECTION 10: A BRIEF OVERVIEW OF THE EFFECTS ON VICTIMS

Victims of child sex abuse will always experience different results of their abuse and information as to the effects on victims is plentiful; however, note that many studies suggest that victims of childhood sexual abuse are more likely to suffer from drug and alcohol dependency, eating disorders, major depression, panic disorder, conduct disorder, social anxiety, and attempted suicide. 74

The Australian RC

The following submissions were made by the Senior Counsel Assisting the Royal Commission regarding victim "BCB": 75

BCB told the Royal Commission about the long term effect that Bill Neill's abuse has had on her. She said that the abuse changed who she was, destroyed her confidence, and held her back from living a normal life. BCB continued to feel as though she was Bill Neill's victim well into her adult life.

BCB told the Royal Commission that she had a nervous breakdown 10 years ago and has had a lot of therapy to address Bill Neill's abuse. The Royal Commission heard that the abuse has impacted on BCB's health such that she has required ongoing medical and therapeutic treatment. BCB gave evidence that her medical treatment has cost her money and that she would welcome compensation if it were to be offered to her by the Jehovah's Witness organisation.

BCB said that she felt brainwashed into believing that speaking with 'worldly' people would bring reproach upon Jehovah's name. BCB said that, as a result of reporting her story to the Royal Commission, she is riddled with guilt for betraying the Jehovah's Witness organisation and for 'dragging Jehovah's name through the mud'.

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