Sexual abuse in the United States is shamefully prevalent, especially in spaces meant to be a refuge from the rest of the world. Those who are members, parents, and families expect this kind of refuge and safety at their local Kingdom Hall.
Unfortunately, for many children whose families are of the Jehovah’s Witnesses community, their church is a place that houses violations and pain.
Our firm understands that the choice to come forward can be incredibly challenging. Our Michigan clergy sexual abuse lawyer will work with you to seek justice against those who have harmed you.
When asking, “Jehovah’s Witness sexual abuse claims: What are my rights?” you should know that you deserve the standard protections and rights of a survivor of sexual abuse.
Sexual Abuse from Jehovah’s Witnesses
Jehovah’s Witness sexual abuse claims started coming to light as common in the late 2010s. Investigative journalist Trey Bundy wrote several pieces regarding the church’s stance on prosecuting or addressing incidences of sexual abuse, or lack thereof.
Their organizational policy stems from Deuteronomy 19:15, which states that you cannot convict someone where there is only a single witness.
This effectively keeps the church from its moral obligation to address complaints of sexual abuse in the church. This foundational excuse for action is also why clergy abuse is so prevalent. When pedophiles and child abusers know they are protected, they are more empowered to continue their abuse.
In addition to failing to investigate or report the sexual abuse of minors in their church, Bundy presented an article from the above source exposing the church’s willingness to pay millions of dollars in fines rather than release their documentation on suspected abusers. In 2018, they released a portion of these to the courts, though many suspect more are still hidden.
Explaining Clergy Abuse
Clergy members are in a position of power over their congregation and often in their community. This authority often allows unsupervised or minimally supervised access to children, providing opportunities for abuse.
If you find yourself asking, ‘What is clergy abuse?’ you are not alone. While the details can vary significantly, clergy abuse is any form of abuse perpetrated by a member of the clergy, whether it is emotional, physical, or sexual in nature.
Your Fight Is Our Fight
Michigan Crime Victim Bill of Rights
The state of Michigan provides several pieces of legislation protecting the rights and privacy of sexual abuse survivors. The Michigan Constitution grants basic rights to victims of any crime. These fundamental rights include:
- The right to be treated with fairness and respect for both dignity and privacy for the duration of the criminal justice process
- The right to a timely disposition and respect for their dignity and privacy throughout the process
- Reasonable protection from the accused
- Notification of court proceedings
- Attendance of trial and any other court proceedings the accused may also have the right to attend
- Conference with the prosecution
- Make a statement to the court at sentencing
- Restitution
These rights apply to all victims of crime, regardless of the type. Subsections 2 and 3 of the crime victim’s rights allow these rights to be legally enforced. Additionally, legislation allows assessments against convicted defendants to pay for crime victims’ rights.
Sexual Assault Victim’s Access to Justice Act
In addition to the crime victims’ bill of rights, Michigan legislation provides additional protections for survivors of sexual assault in the Sexual Assault Victim’s Access to Justice Act (SAVAJA).
Also listed as Act 319, the SAVAJA is housed in Chapter 752 of the Michigan code. If you have reservations about reporting Jehovah’s Witness sexual abuse, you may be asking, “What are my rights?”:
Information and Notice to be Provided to Sexual Assault Victim
The Sexual Assault Victims’ Access to Justice Act, the majority of its rights and protections surround information. Section 752.953 requires the investigating officer to provide specific information within 24 hours after initial contact with the survivor. This required information includes:
- Contact information for local community-based sexual assault services
- Notice that they are entitled to a sexual assault examination evidence kit at no charge
- Notice that they may participate in the evidence kit without participating in the criminal justice system or investigation
- Notice of the right to request a protection order
Information Provision
The Sexual Assault Victims’ Access to Justice Act allows the survivor to request information regarding their case and to receive it through telephone, e-mail, or physical mail as requested by the survivor. The survivor individual has access to the following information upon request:
- Contact information for the investigating officer
- The current status of the case
- Information regarding whether the case has been sent to the prosecutor’s office
- Whether the case has been closed and the reason for closure
We understand that you may be going through a difficult situation and we are ready to help however we can.
Forensic Testing
Survivors of sexual assault have the right to receive a sexual assault medical forensic evaluation and submit the evidence for testing. The Sexual Assault Victims’ Access to Justice Act and Sexual Assault Kit Evidence Submission Act ensure you have access to information regarding the kit. This information includes:
- When the kit was submitted to the forensics lab
- Whether the evidence presented a DNA profile of a suspect
- Whether a DNA profile will be used to retain or obtain additional evidence for the case
- If the state provides information about the test results, it must also provide a handout addressing what various test results may mean
The healthcare facility that completed your kit may not release it to the police without your express written consent. If the police determine a need to destroy or dispose of your kit, they must notify you 60 days prior to the destruction of the kit.
Upon collection of your kit, the healthcare facility should notify you of its storage policy, how long it will store the kit, and instructions on how to release it.
You will always work directly with your attorney throughout your case.
White Law PLLC will Fight for Your Rights
The decision to come forward regarding your Jehovah’s Witness sexual abuse is one that you must make for yourself. At White Law PLLC, we understand the importance of having and making decisions about what happens to you, in your life, and in your case.
We will work tirelessly to help you allocate the guilt, shame, and responsibility of your abuser’s behavior where it belongs, and that is with your abuser.
Call us today for trauma-informed, compassionate, and dedicated representation who will help you understand your rights. We offer case consultations with no obligation to move your case forward. Additionally, we offer a contingency fee schedule, ensuring you will not owe us money until we recover compensation on your behalf.
We’re Experienced. We Care.
We Exceed Client Expectations.
