JehovahÂ’s Witnesses in Delaware paid $19,500 in fines for failure to report child abuse.
" On January 18th, 2018, attorneys representing JehovahÂ’s WItnesses signed a formal settlement agreement with the State of Delaware, concluding a historic case in which two elders and one congregation were held responsible for withholding detailed knowledge of a sexual relationship between an adult and a 14-year-old minor.
This case is unique, profound, and will likely set a precedent for other States.
According to the terms of the settlement, JehovahÂ’s Witnesses paid a total of $19,500 to the Delaware Department of Justice, and the body of elders from the Laurel Delaware congregation was required to attend the Stewards of Children training program and pay associated costs.
A third requirement mandated by Delaware included the signing of an affidavit stipulating that Jehovah’s Witness elders must comply with all Delaware statutes involving the reporting of child abuse. Among the itemized requirements, the Coordinator of the Body of Elders, William Perkins, agreed that communications with minors related to matters of abuse would not be treated as “penitential confessions.” This is significant, since attorneys for Jehovah’s Witnesses attempted to claim clergy privilege as their defense for failure to report.
On January 26, 2016, Justice Mary M. Johnston threw out WatchtowerÂ’s motion for summary judgment. Johnston pointed out that the eldersÂ’ sworn statements suggested that the victim and the perpetrator did not seek out the elders for private confession, which is the basic definition of penitential confession.
The case, formally called the State of Delaware versus Laurel Congregation of JehovahÂ’s Witnesses, Joel Mulchansingh, and William Perkins, was filed November 9th, 2015. It was brought by the Delaware Attorney GeneralÂ’s office following the discovery that 35-Year-old Katheryn Carmean-White had been arrested for engaging in at least 40 incidents of sexual intercourse with a 14-year-old boy. Both were baptized members of the JehovahÂ’s Witness religion.
Deputy Attorney General Janice Tigani became aware of this case from police reports, which had been filed in 2011. The mother of the 14-year-old victim contacted local authorities. A warrant was issued for Katheryn L. Carmean-White, who was arrested on 10 counts of third-degree rape, continuous sexual abuse of a child and endangering the welfare of a child. Carmean-White is currently incarcerated in the Baylor WomenÂ’s Correctional Institution of Delaware, serving a 6-year prison sentence.
Neither William Perkins nor Joel Mulchansingh contacted the police.
Instead, both elders initiated internal JehovahÂ’s Witness judicial proceedings which resulted in the disfellowshipping of both Carmean-White and her victim. Despite his age, the victim was considered a willing participant in consensual sexual acts. The repetitive nature of these sexual encounters was the foundation for disfellowshipping action by the church.
Delaware Sets the Example
Until now, the national epidemic of child abuse has been brought to light primarily through the efforts of mainstream media and numerous documented civil lawsuits. Such cases have resulted in hundreds of millions of dollars in settlements against the Catholic Church and JehovahÂ’s Witnesses, the religions most notorious for their mishandling of abuse allegations.
While individual states have codified laws penalizing mandated reporters for failure to report child abuse, almost none have brought charges against clergymen, or elders. Tackling religious organizations is often seen as trampling the First Amendment rights of these groups.
According to Deputy Attorney General Tigani, the Delaware case was about to go to trial when Watchtower lawyers opted for a private settlement. In part, the agreement stated:
“WHEREAS this agreement is made solely for the purpose of avoiding the time and expense of further protracted litigation”
Tigani agreed that Watchtower benefitted by conforming to the stipulations of the State of Delaware, in lieu of a protracted public trial. Evidence presented on both sides, including depositions from the two Witness elders, clearly pointed to gross infraction of Delaware law.
The progressive nature of DelawareÂ’s punitive measures for violation of mandatory reporting laws comes on the heels of the worst case of child sexual abuse in United States history. Pediatrician Earl Bradley was sentenced to seven consecutive life terms, plus 165 years in prison for the molestation of hundreds of child patients, whose average age was three. The Bradley case was so egregious that Attorney General Beau Biden abandoned his bid for his fatherÂ’s vacated Senate seat to funnel all energies into the prosecution of this case.
As Delaware prosecuted and jailed the notorious Bradley, lawmakers began to question how this man could have abused so many children for more than a decade, evading detection and prosecution. In 2010, Governor Jack Markell commissioned the Dean of Widener University Law School, Linda L. Ammons, to investigate what went wrong, and to itemize necessary changes. One key discovery involved the lack of proper reporting of abuse allegations to law enforcement or other state officials. Under the topic “Mandatory Reporters,” Ammons stated:
“It is my finding that no law enforcement agency, health professional or anyone else reported the allegations regarding Dr. Bradley to any administrative or regulatory body in accordance with current Delaware law. “
Pediatrician Earl Bradley Arrested
Families of victims were shocked to discover that allegations against Bradley stemmed back to 1994 in Pennsylvania, where the doctor had completed his residency. Layers of bureaucracy stymied the reporting process. Plausible deniability was contagious, and without enforcement of reporting laws, organizations, members of clergy, and ordinary citizens are without incentive to abide by these statutes. Professor Ammon made numerous recommendations to the Governor of Delaware, including the following:
“Increase penalties for violating the mandatory reporting requirements in the Medical Practices Act.”
Delaware agreed. Enforceable penalties were signed into law. Delaware code 914 states:
914 Penalty for violation.  (a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.
This code enforcement is not limited to the medical practices field. In fact, every Delaware citizen is expected to report, regardless of their occupation. The ProfessionalsÂ’ Guide to Reporting Child Abuse and Neglect says:
“Professional reporters are often referred to as mandated reporters, although all citizens of Delaware are required to report child abuse and neglect.” [bold, italics ours]
JehovahÂ’s Witness elders Joel Mulchansingh, and William Perkins were found liable, both as professional mandated reporters, and as citizens of the State of Delaware. The congregation body of elders was also named as a responsible party.
The Settlement
In addition to financial penalties paid, the Laurel Congregation body of elders was required to attend the Stewards of Children training program, an initiative sponsored by the Beau Biden Foundation for the Protection of Children. The Biden foundation is a non-profit organization created in 2015 to further the goals of the late Biden in ensuring that children are afforded every possible protection from predators.
I spoke to a representative of the Stewards of Children program, who confirmed that their educational materials have been sanctioned by courts across the United States on the basis of competent, peer-reviewed research.
The third and final settlement term involved a multi-part affidavit, signed by the Laurel Coordinator of Body of Elders, and distributed to all congregations within the State of Delaware. Terms included:
- Communications with individual involving acts of abuse shall not be considered as “penitential confessions”
- Communications with minors involving acts of abuse shall not be considered as “penitential confessions”
- Elders and the Congregation will comply with the law in accordance with the two items above
- A copy of the signed and notarized affidavit will be provided by JehovahÂ’s WitnessesÂ’ attorneys to all congregations within the state of Delaware
While JehovahÂ’s Witnesses have been forced to comply with the terms of this settlement, there is no evidence to suggest that this organization will participate in mandatory training programs in other states or countries. Currently, Witness policy dictates that the first notification of allegations of child abuse must be made by local elders to the JehovahÂ’s Witness legal department in Patterson New York. This policy has a profound chilling effect upon justice for victims and protection of the community.
Exterior Sign for Laurel and Seaford Congregations
Once their legal department advises elders whether they are in a mandatory reporting state or not, the call is handed over to the Service department, also located in Patterson. These men advise local elders of their internal judicial responsibility, such as whether to disfellowship a minor deemed as a willing participant in sexual acts.
Nowhere in Watchtower literature are victims or others encouraged to immediately contact civil authorities when allegations of abuse become known. By design, JehovahÂ’s Witnesses are trained to regard local elders as the primary authority, particularly when any sexual contact is discovered between two unmarried persons.Â
A Precedent Has Been Set
DelawareÂ’s lawsuit against JehovahÂ’s Witnesses has broken the barrier which has, until now, protected churches from prosecution for failure to report child abuse. Â
In 2006, the Sonoma County Sheriff’s office recommended that charges be filed against Catholic Bishop Daniel Walsh. Walsh failed to file a timely report upon discovery that Catholic Priest Xavier Ochoa sexually abused at least three boys, the youngest being 12. The delay in reporting gave Ochoa the time he needed to escape to Mexico.
According to the the San Francisco journal SFGATE:
“If prosecutors decide to charge Walsh, the case would appear to mark the first time a U.S. Catholic Church official has faced criminal prosecution for failing to properly report sexual abuse.”
Charges were dropped, however, in lieu of a plea agreement in which Bishop Walsh was required to attend a four-month counseling program.
The State of Delaware did not back down so quickly in its case against JehovahÂ’s Witnesses, leaving Watchtower attorneys little choice but to settle the case on DelawareÂ’s terms.
Other states may soon follow suit, including Pennsylvania, where police are investigating the abuse of 4-year-old Abby Haugh in 2005. The assault occurred inside the local Kingdom Hall and was reported to congregation elders by the victimÂ’s father, Martin Haugh. Local elders did not contact law enforcement.Â
Police are not commenting on this case, as the investigation is currently ongoing.
The terms of the Delaware settlement stipulated that once JehovahÂ’s Witnesses paid the agreed-upon fines, the State would dismiss civil action with prejudice. Â The settlement agreement was obtained by filing a Freedom of Information Act request. "
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New Light: Fruitage Does Not Refer to Results
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Posted
The article was OK ... until paragraphs 9 and 10, if memory serves .....
It was OK after that.
Paragraphs 9 and 10 were the most convoluted mish-mash I ever read to try and Biblically justify .. WHICH IT DID NOT ... that the plain common sense observation that sometimes a Farmers' BEST efforts do not produce a crop ... as there may not be enough rain, or there is too much rain, or hailstones destroy the crop .... or insects eat the crop ... or perhaps rocky soil was all there was to plant on in the first place.
OK... I understand that ... "STUFF HAPPENS". Everybody that knows about farming understands that.
It always has .... and always will.
... but to propose such convoluted and specious reasoning to explain why globally there is a DECREASE in active Jehovahs' Witnesses by over 700,000 publishers last year, after spending about TWO BILLION hours "sewing seed", is solid evidence that they are MANIPULATING Scriptures to try and support the idea that there is a reasonable Biblical explanation of all of this going on.
It is plain common sense.
The "scriptural explanation" is pure garbage, and makes no sense at all.
If you twist ideas into pretzels with word gymnmastics in the World, it is called deception.
They have to have about 18 numbered paragraphs in every Watchtower to fill the pages of an article to meet the timing requirements of the Watchtower Study.
It is of no avail if you fill it in with paragraphs 9 and 10, which are garbage reasoning, and unadulterated lying.
It is such blatent and brazen cluelessness that I was able to write this entirely from memory.
...perhaps it was paragraphs 10 and 11 ... whichever has the least actual "grain" of truth.