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http://www.revealnews.org/article/california-court-guts-child-abuse-ruling-against-jehovahs-witnesses/

California court guts child abuse ruling against Jehovah’s Witnesses

Topics: Religion / Religion and Government

By Trey Bundy / April 14, 2015

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Candace Conti drew worldwide attention in her fight against the Jehovah’s Witnesses when a jury awarded her $28 million in damages – the largest verdict for a single victim of child abuse against a religious organization in U.S. history.

The amount was later reduced to $15.6 million, including $8.6 million in punitive damages.

Now, three years later, an appeals court has eroded her courtroom victory even further by ruling that the leadership of the Jehovah’s Witnesses had no duty to warn congregants that a confessed child molester was one of their own. As a result, judges eliminated the punitive damages in the case. Conti still stands to receive $2.8 million.

The decision by the California Court of Appeal is the latest ruling in a rash of lawsuits aimed at Jehovah’s Witnesses policies directing elders to keep child abuse secret from their congregations and secular authorities.

Conti, who is no longer a Jehovah’s Witness, had sued her abuser, her former congregation in Fremont and the Watchtower Bible and Tract Society of New York – the Jehovah’s Witnesses’ parent corporation – in 2011. She claimed that Watchtower policies allowed a Witness named Jonathan Kendrick to molest her repeatedly when she was 9 and 10 years old.

Kendrick had admitted to North Fremont congregation elders that he had sexually abused his stepdaughter. The elders informed the Watchtower of Kendrick’s confession in 1993, but in accordance with Watchtower policy did not notify police or warn the congregation. Soon after, Conti says, Kendrick began abusing her.

In their ruling Monday, the judges said forcing the leadership of Jehovah’s Witnesses to warn congregants about child abusers would be too burdensome.

“While it is readily foreseeable that someone who has molested a child may do so again, the burden the duty to warn would create and the adverse social consequences the duty would produce outweigh its imposition,” the judges wrote.

“The burden would be considerable because the precedent could require a church to intervene whenever it has reason to believe that a congregation member is capable of doing harm, and the scope of that duty could not be limited with any precision.

“Since that ‘secrecy policy’ was the only basis for the punitive damages assessed against Watchtower, the punitive damage award must be reversed,” the judges added.

Rick Simons, Conti’s attorney, disagreed with the new ruling in an interview.

“They think in public policy terms that there’s too much risk in broadening the church’s responsibility and liability so that it burdens what churches do,” he said. “We think there’s too much child abuse in these institutions.”

Conti could not immediately be reached for comment.

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Former Jehovah's Witness Accuses Church of Hiding Child Abusers from Congregations

Mar 12, 2015, 7:11 PM ET

By DAN HARRIS and NICK CAPOTE

DAN HARRISMore From Dan »

Anchor, 'Good Morning America' Weekend Edition

 via NIGHTLINE

Former Jehovah's Witness Takes on Church Over Sex Abuse Allegations

AUTO START: ON | OFF

A former member of the Jehovah's Witnesses is taking on the leadership of this wealthy, secretive religion, who she says failed to protect her from a predatory pedophile. She blames what she says is the church's policy of silence on child abusers.

Candace Conti, now 28, was just 9 years old when she says she was abused by a well-liked member of her small congregation in Fremont, California, named Jonathan Kendrick. While doing door-to-door evangelizing, which Conti said she would often do without her parents, she said Kendrick would take her to his house and molest her.

“He's just a big person... I found him very scary,” Conti said.

As a child, Conti said she didn’t think she could tell anyone about the abuse. But years later, she testified during a trial against the church that Kendrick abused her several times a month for what she says felt like two years.

“I never thought I could [talk about it],” she said. “Bringing that up just would demolish my family-- the only people that I knew... I think I was scared to.”

Conti had nowhere else to turn, she said, because of her beliefs, and she grew up isolated from the outside world.

Like all Jehovah’s Witnesses, Conti says she was taught that Armageddon was imminent, and that only the true believers would survive and live in a heaven on Earth. She says she was taught that, “everybody outside of the Jehovah's Witnesses are pretty much walking dead ... and could be used as a tool by Satan to mislead you, to pull your away from your Christian family.”

It was only years later, after Conti had grown up and left the church, that she found Jonathan Kendrick on a sex offender registry. He had served seven months in jail for sexually abusing his wife’s 7-year-old granddaughter. After seeing him on the registry, Conti decided to come forward with her case.

She said she “felt really guilty for not doing anything that this wouldn’t have happened to somebody else.”

Conti said she went to local church leaders, known as elders, and told them her story. But Conti said the elders refused to believe her unless she could prove the abuse happened by providing two witnesses to the alleged abuse.

According to the religion’s internal system of justice, it is believed that the Bible requires there to be two witnesses in order for a crime to be punishable.

So Conti went to the police instead. They began an investigation, but with Kendrick denying the abuse, the authorities have not brought charges -- although the investigation continues.

Conti’s next move was to sue the church itself. She hired attorney Rick Simons, who had spent many years representing victims in cases of abuse by pedophile Catholic priests.

“If ever there was a group that needs the sun to shine on them and their practices, it's this one [Jehovah's Witnesses]," Simons said. “Because when your doorbell rings on Saturday morning… and your kid answers the door, you don't want that guy to be a child molester.”

fuente:http://abcnews.go.com/US/jehovahs-witness-accuses-church-hiding-child-abusers-congregations/story?id=29586778

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