This case is unique, profound, and will likely set a precedent for other States.<\/p>\n
According to the terms of the settlement, Jehovah\u2019s 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\u00a0Stewards of Children<\/a>\u00a0training program and pay associated costs.<\/p>\n A third requirement mandated by Delaware included the signing of an affidavit stipulating that Jehovah\u2019s 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 \u201cpenitential confessions.\u201d This is significant, since attorneys for Jehovah\u2019s Witnesses attempted to claim\u00a0clergy privilege<\/a>\u00a0as their defense for failure to report.<\/p>\n On January 26, 2016,\u00a0Justice Mary M. Johnston<\/a>\u00a0threw out Watchtower\u2019s motion<\/a>\u00a0for\u00a0summary judgment.<\/a>\u00a0Johnston pointed out that the elders\u2019 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.<\/p>\n The case, formally called the\u00a0State of Delaware versus Laurel Congregation of Jehovah\u2019s Witnesses, Joel Mulchansingh, and William Perkins<\/a>, was filed November 9th, 2015. It was brought by the Delaware Attorney General\u2019s office following the discovery that 35-Year-old\u00a0Katheryn Carmean-White<\/a>\u00a0had been arrested for engaging in at least 40 incidents of sexual intercourse with a 14-year-old boy. Both were baptized members of the Jehovah\u2019s Witness religion.<\/p>\n Deputy Attorney General Janice Tigani<\/span><\/a>\u00a0became 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\u00a0Katheryn 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 Women\u2019s Correctional Institution of Delaware, serving a 6-year prison sentence.<\/p>\n Neither William Perkins nor Joel Mulchansingh contacted the police.<\/p>\n Instead, both elders initiated internal Jehovah\u2019s 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.<\/p>\n 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\u00a0Catholic Church<\/a><\/span>\u00a0and\u00a0Jehovah\u2019s Witnesses<\/a><\/span>, the religions most notorious for their mishandling of abuse allegations.<\/p>\n While individual states have codified laws\u00a0penalizing mandated reporters for failure to report child abuse<\/a><\/span>,\u00a0almost none have brought charges against clergymen, or elders.<\/em><\/strong>\u00a0Tackling religious organizations is often seen as trampling the\u00a0First Amendment<\/a><\/span>\u00a0rights of these groups.<\/p>\n 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:<\/p>\n \u201cWHEREAS this agreement is made solely for the purpose of avoiding the time and expense of further protracted litigation\u201d<\/p><\/blockquote>\n 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.<\/p>\n The progressive nature of Delaware\u2019s punitive measures for violation of mandatory reporting laws comes on the heels of the worst case of child sexual abuse in United States history.\u00a0Pediatrician Earl Bradley<\/a><\/span>\u00a0was 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\u00a0Beau Biden abandoned his bid for his father\u2019s vacated Senate seat<\/a><\/span>\u00a0to funnel all energies into the prosecution of this case.<\/p>\n 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,\u00a0Governor Jack Markell commissioned the Dean of Widener University Law School<\/a><\/span>,\u00a0Linda L. Ammons<\/a>, 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 \u201cMandatory Reporters,\u201d Ammons stated:<\/p>\n \u201cIt 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. \u201c<\/p><\/blockquote>\n <\/p>\n 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:<\/p>\n \u201cIncrease penalties<\/strong><\/em>\u00a0for violating the mandatory reporting requirements in the Medical Practices Act.\u201d<\/p>\n Delaware agreed. Enforceable penalties were signed into law.\u00a0Delaware code 914<\/strong>\u00a0states:<\/p>\n 914 Penalty for violation.<\/strong>\u00a0\u00a0(a) Whoever violates \u00a7 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.<\/p><\/blockquote>\n 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\u00a0Professionals\u2019 Guide to Reporting Child Abuse and Neglect<\/a><\/span>\u00a0says:<\/p>\n \u201cProfessional reporters are often referred to as mandated reporters, although\u00a0all citizens of Delaware are required to report child abuse and neglect<\/strong><\/em>.\u201d [bold, italics ours]<\/p>\n Jehovah\u2019s 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.<\/p>\n In addition to financial penalties paid, the Laurel Congregation body of elders was required to attend the\u00a0Stewards of Children training program<\/a><\/span>, an initiative sponsored by the\u00a0Beau Biden Foundation for the Protection of Children<\/a><\/span>. 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.<\/p>\n 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\u00a0competent, peer-reviewed research<\/a><\/span>.<\/p>\n 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:<\/p>\n While Jehovah\u2019s 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 Jehovah\u2019s Witness legal department in Patterson New York. This policy has a profound\u00a0chilling effect<\/a><\/span>\u00a0upon justice for victims and protection of the community.<\/p>\n 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,\u00a0 located inside the Witnesses\u2019 Walkill New York compound. 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.<\/p>\n Nowhere in Watchtower literature are victims or others encouraged to\u00a0immediately<\/em>\u00a0<\/strong>contact civil authorities when allegations of abuse become known. By design, Jehovah\u2019s Witnesses are trained to regard local elders as the primary authority, particularly when any sexual contact is discovered between two unmarried persons.<\/p>\n Delaware\u2019s lawsuit against Jehovah\u2019s Witnesses has broken the barrier which has, until now, protected churches from prosecution for failure to report child abuse.<\/p>\n In 2006, the Sonoma County Sheriff\u2019s office recommended that charges be filed against Catholic\u00a0Bishop Daniel Walsh<\/a>.<\/span> Walsh failed to file a timely report upon discovery that\u00a0Catholic Priest Xavier Ochoa<\/a><\/span>\u00a0sexually abused at least three boys, the youngest being 12. The delay in reporting gave Ochoa the time he needed to escape to Mexico.<\/p>\n According to the\u00a0San Francisco journal SFGATE:<\/a><\/span><\/p>\n \u201cIf 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.\u201d<\/p><\/blockquote>\n Charges were dropped, however, in lieu of a plea agreement in which\u00a0Bishop Walsh was required to attend a four-month counseling program<\/a>.<\/span><\/p>\n The State of Delaware did not back down so quickly in its case against Jehovah\u2019s Witnesses, leaving Watchtower attorneys little choice but to settle the case on Delaware\u2019s terms.<\/p>\n Other states may soon follow suit, including Pennsylvania, where police are investigating the\u00a0abuse of 4-year-old Abby Haugh in 2005<\/a><\/span>. The assault occurred inside the local Kingdom Hall and was reported to congregation elders by the victim\u2019s father, Martin Haugh. Local elders did not contact law enforcement.<\/p>\n Police are not commenting on this case, as the investigation is currently ongoing.<\/p>\n The terms of the Delaware settlement stipulated that once Jehovah\u2019s Witnesses paid the agreed-upon fines, the State would dismiss civil action with prejudice. \u00a0The settlement agreement was obtained by filing a\u00a0Freedom of Information Act request<\/a>.<\/span><\/p>\n Court Documents:<\/strong><\/em><\/p>\n State of Delaware V Laurel Congregation, with Motion to Dismiss Ruling<\/a><\/span><\/p>\n Stipulation of Dismissal<\/a><\/span><\/p>\n Depositions from William Perkins and Joel Mulchansingh<\/a><\/span><\/p>\n ***Final Settlement agreement, with affidavit<\/a><\/span><\/p>\n Additional Research Documents:<\/strong><\/em><\/p>\n State of Delaware Child Abuse Laws<\/span><\/a><\/p>\n Delaware Hotline for Reporting Child Abuse<\/a><\/span><\/p>\n Delaware Professional Guide to Reporting Abuse and Neglect<\/a><\/span><\/p>\n Mandatory Reporting Requirements for Delaware<\/a><\/span><\/p>\n How to Identify and Report Child Abuse and Neglect in Delaware<\/a><\/span><\/p>\n Penalties for Failure to Report Abuse- by State<\/a><\/span><\/p>\n Commission for Review of Bradley Case<\/a><\/span><\/p>\n Independent Review of the Earl Brian Bradley Case<\/a><\/span><\/p>\n![\"\"](\"http:\/\/jwchildabuse.org\/xqllht\/wp-content\/uploads\/2022\/07\/Katheryn-L.-Carmean-225x300.jpg\")
<\/a>Delaware Sets the Example<\/h2>\n
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<\/a>The Settlement<\/h2>\n
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![\"\"](\"http:\/\/jwchildabuse.org\/xqllht\/wp-content\/uploads\/2022\/07\/Seaford-and-Laurel-Congregations-300x118.jpg\")
<\/a>A Precedent Has Been Set<\/h2>\n
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