In 2015, a Jehovah’s Witness spokesperson testified before the Australian Royal Commission into Institutional Responses to Child Sexual Abuse. Three times he pleaded for consistency in laws relevant to reporting child sexual abuse:
Witness Spokesperson: “I think very clearly Mr. Toole pointed out that if the Australian Government, in all the States, was to make mandatory reporting, it would make it so much easier for us. . . . “ [1]
Witness Spokesperson: “The point being, here, another aspect that an elder needs to consider is he does not have the authority to lord it over or take over control of a family arrangement, where a person – let’s say it is a victim who is 24 or 25 years of age – has a right to decide whether or not they will report that incident. They also respect the family arrangement that the appointed guardian, who is not the perpetrator, has a certain right, too. So this is the spiritual dilemma that we have, because at the same time, we want to make sure that children are cared for. So if the government does happen to make mandatory reporting, [2] that will make this dilemma so much easier for us, because we all want the same goal – that children will be cared for properly.” …
Council Assisting (Stewart): “Leaving aside the question of overriding mandatory law from the civil authorities, do you see the possibility within the scriptures as you have identified them for a change in the practice of Jehovah’s Witnesses? In other words, would it be within the scriptures for the Jehovah’s Witnesses organization to adopt a policy which says that in cases where there are others at risk, a report must be made to the authorities?”
Witness Spokesperson: “That is a possible thing for us to consider, and I think, already, the assumption is there, that if any elder was to see that there was some definite risk, that their conscience should move them to do that. But the point I was trying to make, Mr. Stewart, is there are other scriptural factors that maybe make that a little complicated, and it would certainly be a lot easier if we had mandatory laws on that.” [3]
What would be “easier” for the Witnesses—three times that word is repeated as well—is their investigating wrongdoing within their midst for the purpose of applying discipline. The discipline administered involves corrective counsel up to and including removal from the congregation. This they consider necessary in order to comply with Romans 2:21-24:
“You, the one preaching “Do not steal,” do you steal? You, the one saying “Do not commit adultery,” do you commit adultery? You, the one expressing abhorrence of the idols, do you rob temples? You, who take pride in law, do you by your transgressing of the Law dishonor God? For “the name of God is being blasphemed on account of you people among the nations”; just as it is written.”
In the absence of internal discipline, “the name of God is being blasphemed . . . among the nations.” For this reason, Witnesses look into reports of wrongdoing within their ranks. It is not a task all churches undertake. Consequently, when police nab a criminal, it is usually as much a surprise to the church pastor as to the general public. Not so with Witness elders, who may already have discovered his criminality and taken action. But lately with the Witnesses, when the wrongdoing is the wickedest of all wickedness, that of child sexual abuse, they have been bewildered by a patchwork of laws that here mandates reporting, there does not—and where it does not, it may turn out to be illegal if it violates privacy concerns. When legal chaos becomes the norm, a new “gold standard” arises—that of going “beyond the law.” The Witness spokesperson suggests universal reporting requirements so as to avoid that ridiculous situation. Can you imagine if “going beyond the law” became the norm in other situations? It would not be enough to assume that one of the ten cars already stopped at an accident scene were handling matters. You would have to stop and check yourself or suffer rebuke for not going beyond the law.
With Witnesses criticized for following the law, but not “going beyond it” where they have no legal mandate to do so, I naturally assumed that compliance of those who DO have legal mandate is near universal. Isn’t that a reasonable assumption? Silly me.
Studies consistently show that the failure rate of those who ARE charged to report child sexual abuse is nearly two thirds! For example, a 1990 American survey of mandated reporters found that only about 40% of known/suspected maltreatment cases (and ~35% of the most serious ones) were reported to child protective services
Sixty percent! Sixty percent of those REQUIRED to report suspected abuse to police don’t do it! So how is it that Jehovah’s Witnesses elders, who are usually NOT required, became the special object of wrath?
During that same Australian hearing, an elder who testified was clearly flummoxed at the suggestion that he is responsible “for all the children of Australia.” He plainly is not. He is a shepherd of a relatively small faith and is responsible to members of that faith, including its children. Really, isn’t the one questioning him, the one who represents both Australian government and judiciary—isn’t he the one responsible for “all the children of Australia?” And if his people are like the Americans, they fail them 60% of the time!
Council Assisting (Stewart) responded to the Witness Spokesperson (as previously quoted): “Leaving aside the question of overriding mandatory law from the civil authorities . . . “ One might wish he would not leave that matter aside, for it is the solution to the problem. Witnesses are well-known for obeying the law. They certainly would not flub it up 60% of the time!
Why ISN’T universal reporting the law? Then it wouldn’t matter if for any reason some family member or the victim himself as an adult didn’t want it reported. The law would override them. Seemingly, nothing could be easier, since everyone says they hate child sexual abuse. So why haven’t they amended the law to reflect that hatred? That way, there would be no need to grill unpopular parties who did meet the law but failed to go beyond it. Why, after 50 years of proclaimed all-out war against child sexual abuse, have they not changed the law to mandate reported for anyone, no ifs, ands, or buts? One can only conclude that they prefer pointing fingers to taking action.
And no, they still have not changed the law to solve the problem. However, Jehovah’s Witnesses HAVE changed their child abuse policy to address issues brought to light at that Commission Hearing:
The remainder of this post is from AI:
“Here are several well-known studies (primarily from the 1990s–2000s, with some later reviews) that document substantial non-reporting or underreporting of suspected child maltreatment by mandated professionals such as teachers,physicians, social workers, and others:
- Zellman, G. L. (1990). “Child Abuse Reporting and Failure to Report among Mandated Reporters: Prevalence, Incidence, and Reasons.” Journal of Interpersonal Violence. National survey of professionals (physicians, psychologists, social workers, school staff, etc.). Nearly 40% admitted they had suspected maltreatment at some point but decided not to report. Consistent reporting was the most common pattern, but discretionary non-reporting was common; the top reason given was insufficient evidence.
- Zellman, G. L., & Bell, R. M. (1990). The Role of Professional Background, Case Characteristics, and Protective Agency Response in Mandated Child Abuse Reporting (RAND report). Same national survey data. Confirmed that about 40% of respondents had failed to report suspected cases at least once; roughly one-third were “discretionary reporters” who reported some cases but not others.
- Delaronde, S., King, G., Bendel, R., & Reece, R. (2000). “Opinions among mandated reporters toward child maltreatment reporting policies.” Child Abuse & Neglect. Survey of social workers, pediatricians, and physician assistants. 58% had not reported all suspected cases of maltreatment over their careers. Those who failed to report all cases were more likely to support alternative (less strict) reporting policies.
- Kenny, M. C. (2001). “Compliance with Mandated Child Abuse Reporting: Comparing Physicians and Teachers.” Journal of Offender Rehabilitation. Compared recently trained physicians and teachers using vignettes and self-reports. Found differences in reporting rates and knowledge; both groups showed incomplete compliance, with teachers generally reporting less frequently than physicians.
- Alvarez, K. M., Kenny, M. C., Donohue, B., & Carpin, K. M. (2004). “Why are professionals failing to initiate mandated reports of child maltreatment…?” Aggression and Violent Behavior. Review synthesizing prior research. Notes that approximately 40% of mandated professionals have failed to report at some point, with some studies showing even higher rates of non-reporting of known or suspected cases (citing Zellman and others). Discusses common barriers (lack of knowledge of signs, fear of consequences, doubts about CPS effectiveness).
- Webster, S. W., O’Toole, R., O’Toole, A. W., & Lucal, B. (2005). “Overreporting and underreporting of child abuse: Teachers’ use of professional discretion.” Child Abuse & Neglect. Factorial survey of teachers using vignettes. Teachers underreported (recognized abuse but said they would not report) in about 33% of cases; overreporting was rare (~4%). Discretion was more likely to produce underreporting than overreporting.”
****** The bookstore