Child Abuse Policy Comparison

October 1, 2012 Letter

Re: Child Abuse

Table of Contents

Legal Concerns regarding accusations of child abuse
Congregational concerns regarding accusations of child sexual abuse
Helping victims of child sexual abuse
Restrictions and privileges
Note: The ToC was minimal but most sections in 2016 letter are found in this 2012 letter.

1. This letter updates the letters to all bodies of elders regarding child abuse dated August 1, 1995; March 14, 1997; July 20, 1998; April 1, 2004; June 5, 2006; and May 24, 2010. Those letters should be removed from the congregation permanent file of policy letters and be destroyed. No one should keep originals or copies of any of those letters. This letter should be read in conjunction with the latest official Child Safeguarding Policy available on the jw.org Web site.
Note: This 2012 letter uses the term “destroyed”.

2. Additionally, much fine direction has been included in the Shepherding textbook. Thus, elders should first consult the Shepherding textbook and review the Scriptural principles involved. They should thereafter study the additional points outlined in this letter. As you review this letter, please note that paragraphs 3-7 set forth legal concerns regarding accusations of child abuse. Paragraphs 8-20 set forth congregational concerns. This letter should be carefully consulted anytime a matter involving child abuse arises.
Note: New direction in corresponding 2016 letter has made this paragraph redundant.

LEGAL CONCERNS REGARDING ACCUSATIONS OF CHILD ABUSE

3. What is child abuse from a legal standpoint? Child abuse includes the sexual or physical abuse of a minor (generally a person less than 18 years of age). It would also include the extreme neglect of a minor by his parent or guardian. Child sexual abuse generally includes sexual intercourse with a minor; oral or anal sex with a minor; fondling the genitals, breasts, or buttocks of a minor; voyeurism of a minor; indecent exposure to a minor; soliciting a minor for sexual conduct; or any kind of involvement with child pornography. Depending on the circumstances of the case, it may also include “sexting” with a minor. “Sexting” describes the sending of nude photos, seminude photos, or sexually explicit text messages electronically, such as by phone.
Note: See paragraph 2 in corresponding 2016 letter.

4. Legal duties, including in some instances an obligation to report an accusation to the authorities, might be engaged. Thus, when elders learn of an accusation of child abuse, two elders from their congregation should immediately call the Legal Department for legal advice. If the individuals involved are in different congregations, each body of elders should arrange for two of their elders to call the Legal Department. A call should be made even when both persons involved in sexual misconduct are minors. The elders should not ask an alleged victim, the accused person, or relatives of the victim or accused to call the Legal Department. The elders should call the Legal Department even in the following situations:

• The alleged abuse occurred many years ago.
• The alleged abuse is based on the testimony of only one witness.
• The alleged abuse is believed to be a repressed memory.
• The alleged abuse involved perpetrators or victims who are deceased.
• The alleged abuse is believed to have already been reported to the authorities by someone.
• The alleged perpetrator or victim is no longer a member of the congregation.
• The alleged abuse occurred before the alleged perpetrator or victim was baptized.
• The alleged victim is now an adult.
• The alleged abuse occurred in the past, and you are not certain whether the elders involved at the time called the Legal Department for direction.

Note: See paragraph 6 in corresponding 2016 letter.

5. The Legal Department will provide you with legal advice based on the facts and the applicable law. If the individual who is accused of the child abuse is associated with a congregation, please provide the Legal Department with his date of birth and, if applicable, his date of baptism. After a report has been made to the Legal Department, depending on the need, the elders may be directed to contact the Service Department for assistance with questions regarding theocratic or judicial aspects of the case or regarding how to protect children.
Note: See paragraph 7 in corresponding 2016 letter.

6. Two elders should also call the Legal Department regarding any prison inmate who has been accused of child abuse in the past and who is now associating with a congregation, such as by attending congregation meetings held in the prison. This would apply whether he is baptized or not. In some cases, elders may not be authorized to inquire of the offense that an inmate may have committed. But if the elders learn that the alleged offense has to do with child abuse, they should call the Legal Department immediately.
Note: See paragraph 8 in corresponding 2016 letter.

7. If the elders become aware of minors associated with a congregation “sexting” with other minors or of adults “sexting” with minors, the Legal Department should be called immediately. The Legal Department does not need to be called when the elders receive reports of adults (that is, cases in which all parties involved are at least 18 years old) “sexting” one another.
Note: See paragraph 9 in corresponding 2016 letter.

CONGREGATIONAL CONCERNS REGARDING ACCUSATIONS OF CHILD SEXUAL ABUSE

8. What is child molestation from a congregational standpoint? Webster’s Ninth New Collegiate Dictionary defines “pedophilia” as “sexual perversion in which children are the preferred sexual object.” (See “Questions From Readers” in The Watchtower of February 1, 1997, page 29.) [the_tooltip text=”Deut. 23:17, 18″ tooltip=”None of the daughters of Israel may become a temple prostitute, neither may anyone of the sons of Israel become a temple prostitute. You must not bring the price paid to a female prostitute or the price paid to a male prostitute into the house of Jehovah your God to fulfill a vow, for both of them are something detestable to Jehovah your God” background=”333″ color=”fff”] condemns such practices as “detestable.” (See the footnotes to verses 17 and 18 in the Reference Bible. Also, see the footnote on page 10 of the October 8, 1993, issue of Awake!) In harmony with these references, we are herein discussing sexual perversion in which children are the object of sexual abuse, including fondling, by an adult. We are not discussing a situation wherein a minor who is a willing participant and who is approaching adulthood has sexual relations with an adult who is a few years older than the minor nor, generally speaking, are we discussing situations in which only minors are involved. Rather, we are referring to situations in which it is established that an adult brother or sister has been guilty of sexually abusing a young child or has been sexually involved with a minor who is approaching adulthood and who was not a willing participant.
Note: See paragraph 10 in corresponding 2016 letter.

9. As spiritual shepherds, elders should continue to make every effort to protect all in the congregation, especially children, from the unwholesome practices of the world. ([the_tooltip text=”Isaiah 32:1, 2″ tooltip=”Look! A King will reign for righteousness, And princes will rule for justice. And each one will be like a hiding place from the wind, A place of concealment from the rainstorm, Like streams of water in a waterless land, Like the shadow of a massive crag in a parched land.” background=”333″ color=”fff”]) One of these is child sexual abuse. We abhor the sexual abuse of children and will not protect any perpetrator of such repugnant acts from the consequences of his gross sin. ([the_tooltip text=”Rom. 12:9″ tooltip=”Let your love be without hypocrisy. Abhor what is wicked; cling to what is good.” background=”333″ color=”fff”]) Elders should take seriously their responsibility in this matter so that the congregations will be safeguarded from any valid accusation of neglect in protecting children from sexual abuse.
Note: See paragraphs 3 & 11 in corresponding 2016 letter.

10. Regardless of whether the law requires the elders to report an accusation to the authorities, steps need to be taken to protect children. Elders should help the parents of the children involved to understand that they have the primary responsibility for protecting their children. Obviously, such parents will be keenly interested in taking precautions in this regard. Our publications contain helpful information on how parents can protect their children.—w10 11/1 p. 13; w08 10/1 p. 21; g 10/07 pp. 3-11; lr pp. 170-171; g03 2/8 p. 9; g99 4/8 pp. 9, 11; g97 4/8 p. 14; w96 12/1 pp. 13-14; fy pp. 61-62; g93 10/8 pp. 5-13.
Note: See paragraph 4 in corresponding 2016 letter.

11. In addition, the elders should investigate every allegation of child sexual abuse. When elders learn of an accusation, in addition to this letter, they should carefully review the direction outlined in the Shepherding textbook, chapter 12, paragraphs 18-21⁶. However, in evaluating the evidence for internal congregational purposes, they must bear in mind the Bible’s clear direction: “No single witness should rise up against a man respecting any error or any sin . . . At the mouth of two witnesses or at the mouth of three witnesses the matter should stand good.” ([the_tooltip text=”Deut. 19:15″ tooltip=”No single witness may convict another for any error or any sin that he may cmmit. On the testimony of two witnesses or on the testimony of three witnesses the matter should be established.” background=”333″ color=”fff”]) This requirement to consider testimony of two or three witnesses was confirmed by Jesus. ([the_tooltip text=”Matt. 18:16″ tooltip=”But if he does not listen, take along with you one or two more, so that on the testimony of two or three witnesses every matter may be established.” background=”333″ color=”fff”])
Thus, although they investigate every allegation, the elders are not authorized by the Scriptures to take congregational action unless there is a confession or there are two credible witnesses. However, even though the elders are not authorized to take congregation action when there is only one witness, the elders should remain vigilant with regard to the conduct and activity of the accused. (See paragraph 12 of this letter.) If two persons are witnesses to separate incidents of the same kind of wrongdoing, their testimony can be deemed sufficient to take judicial action. ([the_tooltip text=”1 Tim. 5:19, 24, 25″ tooltip=”Do not accept an accusation against an older man except on the evidence of two or three witnesses. The sins of some men are publicly known, leading directly to judgment, but those of other men become evident later. In the same way also, the fine works are publicly known and those that are otherwise cannot be kept hidden.” background=”333″ color=”fff”]) If the person is not repentant over the gross sin, disfellowshipping action would be warranted. If the decision is to reprove, the reproof should be announced. (ks10 chap. 7 par. 20, second bullet⁴) This will serve as a protection for the congregation. Information concerning an individual accused of child molestation, proved or otherwise, should be placed in the congregation confidential file and marked “Do Not Destroy” and kept indefinitely. This includes Notification of Disfellowshipping or Disassociation (S-77) forms on individuals who have been disfellowshipped for child sexual abuse and then later reinstated. Because of the delicate nature of handling a judicial case where an adult sexually abuses a child, please contact your circuit overseer. He will designate an experienced elder from your circuit to serve as chairman of the judicial committee.
Note: See paragraphs 13, 14 and 20 in corresponding 2016 letter.

12. Loving elders should take steps to protect children, especially when a judicial committee determines that the one who has sexually abused a child is repentant and will be allowed to remain a member of the Christian congregation. The same concern would be shown when one who has sexually abused a child is disfellowshipped, later cleans up his life, and is reinstated. The elders should be especially mindful of the activity of any who are known to have sexually abused a child in the past. They should also ensure that newly-appointed elders are made aware of this caution. It would be appropriate for elders to talk kindly but very frankly to individuals who have manifested a weakness in this regard, strongly cautioning them to refrain from displaying affection for children, to avoid hugging or holding children on their lap, never to be alone with a child (other than their own), not to allow children to spend the night in their home, not to work alone in field service (hence, they should always be accompanied by another adult), and not to cultivate friendships with children. This not only serves to protect children but will help to prevent those who have sexually abused a child from putting themselves in the way of temptation, being subjected to an unfounded accusation, or doing things that may cause concern to others in the congregation. ([the_tooltip text=”1 Cor. 10:12, 32″ tooltip=”So let the one who thinks he is standing beware that he does not fall. Keep from becoming causes for stumbling to Jews as well as Greeks and to the congregation of God” background=”333″ color=”fff”]) If the individual does not follow this direction from the elders, the elders should immediately call the Service Department for assistance.
Note: See paragraphs 15 and 16 in corresponding 2016 letter.

13. If the individual does not follow the above direction from the elders, or if the elders believe he may be a “predator,” the elders should immediately call the Service Department for assistance. A “predator” is one who clearly lacks self-control and by his actions provides reason to believe he will continue to prey on children. Not every individual who has sexually abused a child in the past is considered a “predator.” The branch office, not the local body of elders, determines whether an individual who has sexually abused children in the past will be considered a “predator.” If the branch office determines that an individual will be considered a “predator,” parents with minor children will need to be warned of the danger that exists so that they can protect their children. In such a case, and only after receiving direction and instructions from the Service Department, two elders should be assigned to meet with the parents of minor children in order to provide a warning. At the same time that parents are warned about an individual, it would be appropriate for the elders to inform the individual that parents in the congregation will be discreetly informed.
Note: See paragraphs 17 to 19 in corresponding 2016 letter.

14. What step should be taken when you learn of an adult who has been viewing child pornography? As stated in paragraph 4 of this letter, two elders should call the Legal Department. After receiving legal direction, the elders will be directed to contact the Service Department for theocratic direction.
Note: See paragraphs 2 and 9 in corresponding 2016 letter.

15. Who is considered a known child molester? The January 1, 1997, Watchtower article “Let Us Abhor What Is Wicked” mentions on page 29 that a man “known to have been a child molester” does not qualify for privileges in the congregation. The expression “known to have been a child molester” has reference to how such a man is considered in the community and in the Christian congregation. In the eyes of the congregation, an adult “known” to be a former child molester is not “free from accusation” or “irreprehensible,” nor does he have “a fine testimony from people on the outside.” ([the_tooltip text=”1 Tim. 3:1-7, 10″ tooltip=”This statement is trustworthy: If a man is reaching out to be an overseer, he is desirous of a fine work. The overseer should therefore be irreprehensible, a husband of one wife, moderate in habits, sound in mind, orderly, hospitable, qualified to teach, not a drunkard, not violent, but reasonable, not quarrelsome, not a lover of money, a man presiding over his own household in a fine manner, having his children in subjection with all seriousness (for if any man does not know how to preside over his own household, how will he care for the congregation of God?), not a newly converted man, for fear that he might get puffed up with pride and fall into the judgment passed on the Devil. Moreover, he should also have a fine testimony from outsiders so that he does not fall into reproach and a snare of the Devil. Also, let these be tested as to fitness first; then let them serve as ministers, as they are free from accusation.” background=”333″ color=”fff”]; [the_tooltip text=”5:22″ tooltip=”Never lay your hands hastily on any man; neither become a sharer in the sins of others; keep yourself chaste.” background=”333″ color=”fff”]; [the_tooltip text=”Titus 1:7″ tooltip=”For as God’s steward, an overseer must be free from accusation, not self-willed, not quick-tempered, not a drunkard, not violent, not greedy of dishonest gain” background=”333″ color=”fff”]) In view of his past, those in the community would not respect him and congregation members might be stumbled over his appointment. Keep in mind that the branch office, not the local body of elders, determines whether one who has sexually abused a child is considered a known child molester.
Note: See paragraph 19 in corresponding 2016 letter.

16. When a known child molester moves to another congregation, the elders should follow the procedure set forth in the Shepherding textbook, chapter 12, paragraph 20⁶. If a known child molester is in prison and is transferred to another facility or is released, it is important to inform the appropriate congregation of his situation in writing, if it is possible to do so. This direction also applies when one considered a “predator,” as outlined in paragraph 13 of this letter, moves to another congregation.
Note: See paragraphs 21 & 22 in corresponding 2016 letter.

17. From time to time, local authorities may inform you that a sex offender is living in your area. The notice usually provides the address of the individual and may state the nature of his criminal activity. In such a case, the elders should list that address on the appropriate territory card as a “Do Not Call.” Thereafter, two elders can periodically make calls on that address. Following this direction will assist you in protecting the flock.
Note: See paragraph 23 in corresponding 2016 letter.

18. Sexual misconduct involving only minors: What steps should elders take when minors (persons less than the legal ‘age of consent’) engage in sexual misconduct with one another? As stated in paragraph 4 of this letter, two elders should call the Legal Department even when both persons are minors. Minors who have sexual contact with one another are generally not considered as child molesters by the congregation. However, regardless of the ages of those involved, such misconduct is serious. Elders should be alert to render assistance and to protect children. The body of elders should also arrange for the minor(s) to receive assistance in the presence of their believing parent(s), in harmony with the principles and guidelines found in the Scriptures and in our publications.
Note: See paragraph 24 in corresponding 2016 letter.

19. When baptized minors become involved in “sexting,” the elders must use good judgment in determining whether the wrongdoing has escalated to a point warranting judicial action. Helpful information can be found in “Questions From Readers” in the July 15, 2006, issue of The Watchtower. Please review this material carefully before concluding that a baptized minor is guilty of gross uncleanness or “brazen conduct, loose conduct.” (ks10 chap. 5 par. 9²) However, if the baptized minor has been previously counseled and persists in the wrong course, in most cases, judicial action is taken. Each case must be evaluated on its own merit. If elders have questions regarding a specific case they should contact the Service Department. Also, keep in mind that Christian parents should be included in any discussions the elders have with a minor who may be involved in “sexting.”
Note: See paragraph 25 in corresponding 2016 letter.

20. The potential serious consequences associated with “sexting” underscore the importance of Christian parents supervising their children’s use of cellular telephones and other means of electronic communication. Excellent suggestions can be found on pages 6-7 of the November 2009 issue of Awake! ([the_tooltip text=”Matt. 24:45″ tooltip=”Who is really the faithful and discreet slave whom his master appointed over his domestics, to give them their food at the proper time?” background=”333″ color=”fff”]) When a minor has been involved in “sexting,” elders can use such excellent material to offer Scriptural counsel and encouragement to both the parents and the child.—[the_tooltip text=”1 Pet. 5:2, 3″ tooltip=”Shepherd the flock of God under your care, serving as overseers, not under compulsion, but willingly before God; not for love of dishonest gain, but eagerly; not lording it over those who are God’s inheritance, but becoming examples to the flock.” background=”333″ color=”fff”].
Note: See paragraph 25 in corresponding 2016 letter.

22. It cannot be said in every case that one who has sexually abused a child could never qualify for privileges of service in the congregation. However, the elders will certainly want to be very cautious, especially when dealing with one who had repeatedly engaged in this kind of wrongdoing or who had been disfellowshipped for such an offense. Before privileges can be extended, such a man must meet the Scriptural qualifications of being “self-controlled” and “irreprehensible.” He must “also have a fine testimony” from individuals inside and outside the congregation. ([the_tooltip text=”Titus 1:6-8″ tooltip=”if there is any man free from accusation, a husband of one wife, having believing children who are not accused of debauchery or rebelliousness. For as God’s steward, an overseer must be free from accusation, not self-willed, not quick-tempered, not a drunkard, not violent, not greedy of dishonest gain, but hospitable, a lover of goodness, sound in mind, righteous, loyal, self-controlled” background=”333″ color=”fff”]; [the_tooltip text=”1 Tim. 3:2, 7″ tooltip=”The overseer should therefore be irreprehensible, a husband of one wife, moderate in habits, sound in mind, orderly, hospitable, qualified to teach, Moreover, he should also have a fine testimony from outsiders so that he does not fall into reproach and a snare of the Devil.” background=”333″ color=”fff”]) Elders should keep in mind what is stated in the January 1, 1997, Watchtower article “Let Us Abhor What Is Wicked,” page 29, paragraph 2: “Child sexual abuse reveals an unnatural fleshly weakness. Experience has shown that such an adult may well molest other children. True, not every child molester repeats the sin, but many do. And the congregation cannot read hearts to tell who is and who is not liable to molest children again. ([the_tooltip text=”Jeremiah 17:9″ tooltip=”The heart is more treacherous than anything else and is desperate. Who can know it?” background=”333″ color=”fff”]) Hence, Paul’s counsel to Timothy applies with special force in the case of baptized adults who have molested children: ‘Never lay your hands hastily upon any man; neither be a sharer in the sins of others.’ ([the_tooltip text=”1 Timothy 5:22″ tooltip=”Never lay your hands hastily on any man; neither become a sharer in the sins of others; keep yourself chaste.” background=”333″ color=”fff”]).”
Note: See paragraphs 17 to 19 in corresponding 2016 letter.

23. Hence, privileges of service should never be extended hastily. Considerable time should always pass before one who has sexually abused a child is recommended, if ever. It would be up to the local body of elders to determine whether such a recommendation should be made to the branch office, taking into account all factors in each individual case. Please note that unless specifically approved by the branch office, one who has sexually abused a child should not be used to conduct any meetings held in the congregation or in a prison, and he does not qualify to work on any Kingdom Hall project other than one involving the congregation where he serves as a publisher.
Note: See paragraphs 17 to 19 in corresponding 2016 letter.

24. If the elders as a body conclude that one who has sexually abused a child in the distant past may now qualify for privileges, they should assign two elders to call the Service Department.
Note: See paragraphs 17 to 19 in corresponding 2016 letter.

25. In view of the foregoing, each elder should make the following notation next to chapter 3, paragraph 20; chapter 5, paragraph 10, second bullet; chapter 7, paragraph 20, second bullet; and chapter 12, paragraph 18, of the Shepherding textbook: “See letter dated October 1, 2012, to all bodies of elders.”
Note: See paragraph 26 in corresponding 2016 letter.

26. It is hoped that the direction provided in this letter will help you brothers in handling matters in the congregation so as to protect children from sexual abuse and, at the same time, balance Bible-based justice and mercy. We also hope this direction will assist you to lovingly help victims of child sexual abuse. May Jehovah’s rich blessing continue to be with you in carrying out your many responsibilities as shepherds of the flock. With this letter we send our warm Christian love and best wishes.
Note: See paragraphs 17 to 19 in corresponding 2016 letter.

August 1, 2016 Letter

Re: Protecting Minors From Abuse

Table of Contents

Legal Considerations
Congregation Considerations
Providing Spiritual Assistance to Victims
Investigating Allegations
Judicial Committee
Reinstatement Committee
Restrictions
Filing
Moving to Another Congregation
Notification by Secular Authorities
Sexual Misconduct Involving Only Minors
Notations in the Shepherding Textbook
Note: The ToC have been expanded but most sections were included in corresponding 2012 letter.

1. This letter replaces the letter dated October 1, 2012, to all bodies of elders regarding child abuse and has been added to the list of policy letters cited in Index to Letters for Bodies of Elders (S-22). Please carefully study the entire letter. While the following information refers to an accused in the masculine gender and to the victim in the feminine gender, it applies equally when the genders are different. Similarly, references to parents apply equally to legal guardians.
Note: This 2016 letter uses the term “replaces”.

2. Child abuse includes the sexual or physical abuse of a minor. It would also include the extreme neglect of a minor by her parent. Child sexual abuse is a perversion and generally includes sexual intercourse with a minor; oral or anal sex with a minor; fondling the genitals, breasts, or buttocks of a minor; voyeurism of a minor; indecent exposure to a minor; or soliciting a minor for sexual conduct. Depending on the circumstances of the case, it may include involvement with child pornography or “sexting” with a minor. “Sexting” describes the sending of sexually explicit messages or images electronically.
Note: See paragraphs 3 and 14 in corresponding 2012 letter.

3. From the Bible’s standpoint, child sexual abuse is a gross sin. ([the_tooltip text=”Deut. 23:17, 18″ tooltip=”None of the daughters of Israel may become a temple prostitute, neither may anyone of the sons of Israel become a temple prostitute. You must not bring the price paid to a female prostitute or the price paid to a male prostitute into the house of Jehovah your God to fulfill a vow, for both of them are something detestable to Jehovah your God” background=”333″ color=”fff”]; [the_tooltip text=”Gal. 5:19-21″ tooltip=”Now the works of the flesh are plainly seen, and they are sexual immorality, uncleanness, brazen conduct, idolatry, spiritism, hostility, strife, jealousy, fits of anger, dissensions, divisions, sects,envy, drunkenness, wild parties, and things like these. I am forewarning you about these things, the same way I already warned you, that those who practice such things will not inherit God’s Kingdom.” background=”333″ color=”fff”]; ks10 chap. 5 par. 10²; w97 2/1 p. 29; g93 10/8 p. 10, ftn.) Jehovah’s Witnesses abhor child sexual abuse. ([the_tooltip text=”Rom. 12:9″ tooltip=”Let your love be without hypocrisy. Abhor what is wicked; cling to what is good.” background=”333″ color=”fff”]) Thus, the congregation will not shield any perpetrator of such repugnant acts from the consequences of his sin.
Note: See paragraph 9 in corresponding 2012 letter.

4. The Scriptures place the responsibility on parents for teaching and protecting their children. ([the_tooltip text=”Eph. 6:4″ tooltip=”And fathers, do not be irritating your children, but go on bringing them up in the discipline and admonition of Jehovah.” background=”333″ color=”fff”]) As spiritual shepherds, elders can help parents to shoulder their Scriptural responsibility. Our publications and website contain much helpful information to assist parents.—w10 11/1 p. 13; w08 10/1 p. 21; g 10/07 pp. 3-11; lr pp. 170-171; g99 4/8 pp. 8-11; g97 4/8 p. 14; w96 12/1 pp. 13-14 pars. 18-19; fy pp. 61-62 pars. 24-26; g93 10/8 pp. 5-13; g85 1/22 pp. 3-10.
Note: See paragraph 10 in corresponding 2012 letter.

5. Legal Considerations: In some jurisdictions, individuals who learn of an allegation of child abuse may be obligated by law to report the allegation to the secular authorities. In all cases, the victim and her parents have the absolute right to report an allegation to the authorities.—[the_tooltip text=”Gal. 6:5″ tooltip=”For each one will carry his own load.” background=”333″ color=”fff”]; ks10 chap. 12 par. 19⁶.
Note: This paragraph provides new direction.

6. To ensure that elders comply with child-abuse reporting laws, two elders should immediately call the Legal Department for legal advice when the elders learn of an accusation of child abuse. ([the_tooltip text=”Rom. 13:1-4″ tooltip=”Let every person be in subjection to the superior authorities, for there is no authority except by God; the existing authorities stand placed in their relative positions by God. Therefore, whoever opposes the authority has taken a stand against the arrangement of God; those who have taken a stand against it will bring judgment against themselves. For those rulers are an object of fear, not to the good dead, but to the bad. Do you want to be free of fear of the authority? Keep doing good, and you will have praise from it; for it is God’s minister to you for your good. Bug if you are doing what is bad, be in fear, for it is not without purpose that it bears the sword. It is God’s minister, an avenger to express wrath against the one practicing what is bad.” url=”” background=”” color=””]) A call should be made even when both persons involved are minors. The elders should not ask an alleged victim, the accused person, or anyone else to call the Legal Department on the elders’ behalf. The elders should call the Legal Department even in the following situations:

• The alleged abuse occurred many years ago.
• The alleged abuse is based on the testimony of only one witness.
• The alleged abuse is believed to be a repressed memory.
• The alleged abuse involved perpetrators or victims who are deceased.
• The alleged abuse is believed to have already been reported to the secular authorities.
• The alleged perpetrator or victim is not a member of your congregation.
• The alleged perpetrator is a non-Witness associating with the congregation.
• The alleged abuse occurred before the alleged perpetrator or victim was baptized.
• The alleged victim is now an adult.
• The alleged abuse occurred in the past, and it is unclear whether your congregation elders ever called the Legal Department for direction.

Note: This paragraph provides new direction; see paragraph 4 in corresponding 2012 letter.

7. The Legal Department will provide legal advice based on the facts and the applicable law. If the individual who is accused of the child abuse is associated with your congregation, the two elders calling should provide the Legal Department with the individual’s date of birth and, if applicable, his date of baptism. After speaking with the Legal Department, the call will be transferred to the Service Department so that the elders can receive further assistance.
Note: See paragraph 5 in corresponding 2012 letter.

8. Two elders should immediately call the Legal Department regarding any prison inmate, baptized or unbaptized, who has been accused of child abuse and who is now associating with a congregation. This would include his attending congregation meetings held in the prison. In some cases, elders may not be permitted to inquire about the offense that an inmate may have committed. However, if the elders learn that the alleged offense has to do with child abuse, they should immediately call the Legal Department.
Note: See paragraph 6 in corresponding 2012 letter.

9. If the elders become aware of an adult associated with a congregation who has been involved with child pornography, two elders should immediately call the Legal Department. Likewise, if the elders become aware of an adult or a minor associated with a congregation who is “sexting” with a minor, the Legal Department should be called immediately. The Legal Department does not need to be called when the elders receive reports of adults “sexting” one another.
Note: This paragraph merges content in paragraphs 7 and 14 of the corresponding 2012 letter.

10. Congregation Considerations: When discussing child sexual abuse from a congregation standpoint, we are not discussing a situation in which a minor who is a willing participant and who is approaching adulthood is involved in sexual activity with an adult who is a few years older than the minor. Nor, generally speaking, are we discussing situations in which only minors are involved. (See paragraphs 24-25.) Rather, we are referring to an adult guilty of sexually abusing a minor who is a young child, or an adult guilty of sexual involvement with a minor who is approaching adulthood but was not a willing participant.
Note: See paragraph 8 in corresponding 2012 letter.

11. Providing Spiritual Assistance to Victims: As elders provide ongoing spiritual shepherding, it is especially important that they demonstrate empathy and compassion to victims of child sexual abuse and their families. ([the_tooltip text=”Isaiah 32:1, 2″ tooltip=”Look! A King will reign for righteousness, And princes will rule for justice. And each one will be like a hiding place from the wind, A place of concealment from the rainstorm, Like streams of water in a waterless land, Like the shadow of a massive crag in a parched land.” background=”333″ color=”fff”]) Helpful suggestions and guidelines can be found in the Shepherding textbook, chapter 4, paragraphs 21-28¹. The elders should carefully review this material when helping victims of child sexual abuse. In the case of any discussion with a child abuse victim who is still a minor, an elder should never meet alone with the minor but should always involve another elder and another adult member of the congregation, preferably the minor’s parent(s). If it is not possible to include the parent (for example, if the parent is the accused), then another adult member of the congregation who is a confidant of the victim should be included. In addition to the spiritual shepherding provided by the elders, the victim or her family may desire other assistance. For example, the victim or her family may decide to consult a mental-health professional. This would be a personal decision for them to make.
Note: This paragraph provides new direction; see paragraph 9 in corresponding 2012 letter.

12. When an elder is approached by an adult who is concerned or distraught about past abuse, he should “speak consolingly” to the person. ([the_tooltip text=”1 Thess. 5:14″ tooltip=”On the other hand, we urge you, brothers, to warn the disorderly, speak consolingly to those who are depressed, support the weak, be patient toward all.” background=”333″ color=”fff”]) Elders should manifest an empathetic, compassionate, patient, and supportive response to those approaching them about such matters. An elder must never meet alone with or become the sole confidant of a sister to whom he is not closely related.
Note: This paragraph provides new direction. No similar paragraph in corresponding 2012 letter.

13. Investigating Allegations: The elders may learn of an allegation of child sexual abuse directly from the victim, through her parents, or through a trusted confidant of the victim. After receiving assistance from the branch office, the body of elders will appoint two elders to conduct a Scriptural investigation of every allegation of child sexual abuse. These elders should carefully follow Scriptural procedures and the Bible-based direction outlined in this letter and in the Shepherding textbook, particularly chapter 5. Elders should remember that during the investigation process and during the judicial committee process, a victim of child sexual abuse is not required to make her allegation in the presence of the alleged abuser. In the exceptional event that the two elders believe it is necessary to interview a minor who is a victim of child sexual abuse, the elders should first contact the Service Department.
Note: This paragraph provides new direction; see paragraph 11 in corresponding 2012 letter.

14. Judicial Committee: If the body of elders concludes that there is sufficient Scriptural evidence to warrant the formation of a congregation judicial committee on the grounds of child sexual abuse, the coordinator of the body of elders should first contact the circuit overseer. (ks10 chap. 5 par. 37²; chap. 6 pars. 1-2³) The circuit overseer will designate an experienced elder to serve as chairman of the judicial committee and, if needed, the appeal committee. If wrongdoing is established and the wrongdoer is not repentant, he should be disfellowshipped. (ks10 chap. 7 par. 26⁴) On the other hand, if the wrongdoer is repentant and is reproved, the reproof should be announced to the congregation. (ks10 chap. 7 pars. 20-21⁴) This announcement will serve as a protection for the congregation.
Note: See paragraph 11 in corresponding 2012 letter.

15. Reinstatement Committee: If a person who has been disfellowshipped for child sexual abuse applies for reinstatement, the coordinator of the body of elders should contact his circuit overseer and provide the names of those who served on the original committee. The circuit overseer will designate an experienced elder to serve as chairman of the reinstatement committee. If the decision is to reinstate, two elders should immediately call the Service Department. This call must be made before the reinstatement is announced to the congregation.—ks10 chap. 11 pars. 1-6, 11-15⁵.
Note: This paragraph provides new direction; see paragraph 12 in corresponding 2012 letter.

16. If a person who has been disfellowshipped for child sexual abuse has moved and applies for reinstatement in a different congregation, the coordinator of the body of elders of the new congregation should contact his circuit overseer. The circuit overseer of the new congregation will designate an experienced elder to serve as chairman of the reinstatement committee in the new congregation. If that committee recommends that the person be reinstated, the committee should contact the coordinator of the body of elders of the original congregation, who should then contact his circuit overseer and provide the names of those who served on the original judicial committee. That circuit overseer will designate an experienced elder to serve as chairman of the reinstatement committee in the original congregation. If that committee agrees to reinstate, two elders from each congregation should immediately call the Service Department. These calls must be made before the reinstatement is announced in both congregations.—ks10 chap. 11 pars. 7-10, 13⁵.
Note: This paragraph provides new direction; see paragraph 12 in corresponding 2012 letter.

17. Restrictions: The elders should carefully adhere to all direction provided by the Service Department regarding reasonable steps that should be taken to protect minors from one who has engaged in child sexual abuse. For example, the Service Department will provide direction when (1) a congregation judicial committee determines that one guilty of child sexual abuse is repentant and will remain in the congregation, (2) one disfellowshipped for child sexual abuse is reinstated, (3) when an unbaptized publisher or a baptized member of the congregation who denies an accusation of child sexual abuse is convicted by the secular authorities, or (4) one viewed as a child molester by the community or the congregation becomes a publisher or becomes a baptized member of the congregation.
Note: This paragraph provides new direction; replaces direction in paragraphs 22-24 in corresponding 2012 letter.

18. Direction from the Service Department to the elders will include restrictions imposed on an individual’s activities within the congregation, on his participation in the field ministry, and on his interaction with minors. The elders will be directed to caution the individual never to be alone with a minor, not to cultivate friendships with minors, not to display affection for minors, and so forth. In some cases, the Service Department may specifically direct elders to inform parents of minors within the congregation of the need to monitor their children’s interaction with an individual. If the body of elders has questions about a past case, two elders should be assigned to call the Service Department for direction. The coordinator of the body of elders should ensure that newly appointed elders and elders who move into the congregation are made aware of the Service Department’s direction regarding such individuals.
Note: This paragraph provides new direction. Replaces direction in paragraphs 22-24 in corresponding 2012 letter.

19. One who has engaged in child sexual abuse does not qualify to receive any privileges in the congregation for many years, if ever. This includes seemingly minor privileges. Elders should keep in mind what is stated in the January 1, 1997, Watchtower article “Let Us Abhor What Is Wicked,” page 29, paragraph 2: “Child sexual abuse reveals an unnatural fleshly weakness. Experience has shown that such an adult may well molest other children. True, not every child molester repeats the sin, but many do. And the congregation cannot read hearts to tell who is and who is not liable to molest children again. ([the_tooltip text=”Jeremiah 17:9″ tooltip=”The heart is more treacherous than anything else and is desperate. Who can know it?” background=”333″ color=”fff”]) Hence, Paul’s counsel to Timothy applies with special force in the case of baptized adults who have molested children: ‘Never lay your hands hastily upon any man; neither be a sharer in the sins of others.’ ([the_tooltip text=”1 Timothy 5:22″ tooltip=”Never lay your hands hastily on any man; neither become a sharer in the sins of others; keep yourself chaste.” background=”333″ color=”fff”]).” Therefore, if the body of elders believes that one who has engaged in child sexual abuse decades ago may now qualify for minor privileges, such as carrying or adjusting microphones, operating audio/video equipment, or assisting with accounts, literature, magazines, or territories, they should assign two elders to call the Service Department. The assigned elders should call the Service Department before any congregation privileges are extended.
Note: This paragraph provides new direction. Replaces direction in paragraphs 22-24 in corresponding 2012 letter.

20. Filing: Information concerning individuals associated with the congregation and ac-cused of child sexual abuse (established or not), including letters of introduction, should be placed in an envelope labeled with the individual’s name and marked “Do Not Destroy.” This envelope should be kept indefinitely in the congregation’s confidential file. This would include Notification of Disfellowshipping or Disassociation (S-77) forms on individuals who have committed child sexual abuse, even if later reinstated.
Note: Extracted from paragraph 11 in corresponding 2012 letter.

21. Moving to Another Congregation: When an individual who has been accused of child sexual abuse (established or not) moves to another congregation, two elders from the congregation the individual moves from should immediately call the Legal Department. The elders should be prepared to provide the name of the new congregation, if known. This should be done even if the individual is disfellowshipped or is in prison and is transferred to another facility or is released. The Congregation Service Committee should not send any information to the new congregation until after receiving legal advice from the Legal Department and direction from the Service Department.
Note: This paragraph provides new direction; see paragraph 16 in corresponding 2012 letter.

22. When the elders are informed that an individual who has been accused of child sexual abuse (established or not) has moved into the congregation, two elders should immediately call the Legal Department. This should be done even if the individual is disfellowshipped or is in prison and has transferred from another facility or is released. If the individual is disfellowshipped and living within the congregation’s territory, the elders should list that address on the appropriate congregation territory card as a “Do Not Call.”
Note: This paragraph provides new direction; see paragraph 16 in corresponding 2012 letter.

23. Notification by Secular Authorities: From time to time, secular authorities may inform the elders that a sex offender is living in the area. The notice may provide the address of the individual and may state the nature of his criminal activity. In such a case, the elders should list that address on the appropriate congregation territory card as a “Do Not Call.”
Note: This paragraph provides new direction; see paragraph 17 in corresponding 2012 letter.

24. Sexual Misconduct Involving Only Minors: What steps should elders take when minors engage in sexual misconduct with one another? As stated in paragraph 6, two elders should immediately call the Legal Department even when both persons are minors. Minors who engage in sexual misconduct with one another are not generally considered by the congregation as having engaged in child sexual abuse. However, regardless of the ages of those involved, such misconduct is serious and may even warrant congregation judicial action. The body of elders should work with the parents to ensure that the minors receive spiritual assistance. If elders have questions regarding a specific case, they should call the Service Department.—ks10 chap. 5 par. 61²; chap. 6 par. 14³.
Note: This paragraph provides new direction; see paragraph 18 in corresponding 2012 letter.

25. The potential serious consequences associated with “sexting” highlight the importance of Christian parents supervising their children’s use of electronic devices. When baptized minors become involved in “sexting,” the elders must use good judgment in determining whether the wrongdoing has escalated to a point warranting congregation judicial action. Helpful information can be found in “Questions From Readers” in the July 15, 2006, issue of The Watchtower. Please review this material carefully before concluding that a baptized minor is guilty of gross uncleanness or brazen conduct. (ks10 chap. 5 par. 9²) If the baptized minor has been previously counseled and persists in the wrong course, in most cases, congregation judicial action is taken. Each case must be evaluated on its own merit. In all cases, the body of elders should work with the parents to ensure that the minors receive spiritual assistance. (ks10 chap. 6 par. 14³) If elders have questions regarding a specific case, they should call the Service Department.
Note: Merges content in paragraphs 19 & 20 in corresponding 2012 letter.

26. Notations in the Shepherding Textbook: In view of the foregoing, each elder should make the following notation next to chapter 3, paragraph 20; chapter 5, paragraph 10, second bullet; chapter 7, paragraph 20, second bullet; chapter 10, paragraph 2; and chapter 12, paragraph 18, of the Shepherding textbook: “See letter dated August 1, 2016, to all bodies of elders.” In addition, each elder should cross out chapter 12, paragraphs 20-21.⁷
Note: This paragraph provides new direction.

27. It is imperative to adhere to the direction in this letter each time a matter involving child abuse comes to your attention. This will serve to uphold the sanctity of Jehovah’s name and to protect minors. ([the_tooltip text=”1 Pet. 2:12″ tooltip=”Maintain your conduct fine among the nations, so that when they accuse you of being wrongdoers, they may be eyewitnesses of your fine works and, as a result, glorify God in the day of his inspection.” background=”333″ color=”fff”]) Your full cooperation with this direction is appreciated. May Jehovah grant you knowledge, wisdom, and discernment as you care for this and other weighty matters in connection with the flock of God entrusted to your care.—[the_tooltip text=”Prov. 2:6″ tooltip=”For Jehovah himself gives wisdom; From his mouth come knowledge and discernment.” background=”333″ color=”fff”]; [the_tooltip text=”1 Pet. 5:2, 3″ tooltip=”Shepherd the flock of God under your care, serving as overseers, not under compulsion, but willingly before God; not for love of dishonest gain, but eagerly; not lording it over those who are God’s inheritance, but becoming examples to the flock.” background=”333″ color=”fff”].
Note: This paragraph provides new direction.