• Legal Considerations 6-10

  • Prison Inmates 9

  • Child Pornography and Sexting 10

• Congregation Considerations 11

• Providing Spiritual Assistance to Victims 12-17

• Investigating Allegations 18

• Judicial Committee 19

• Reinstatement Committee 20-21

• Restrictions 22-24

• Filing 25

• Moving to Another Congregation 26-27

• Notification by Secular Authorities 28

• Sexual Misconduct Involving Only Minors 29-30

1. Elders should adhere closely to the direction in this chapter when a matter involving child abuse comes to their attention. Doing so will uphold the sanctity of Jehovah’s name and contribute toward the safety of minors.​—Isa. 32:1, 2; 1 Pet. 2:12.

2. While the information in this chapter refers to an accused in the masculine gender and to the victim in the feminine gender, it applies equally regardless of the gender of the accused or the gender of the victim. References to parents and family heads apply equally to legal guardians.

3. 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 involves the sending of sexually explicit messages or images electronically.

4. From the Bible’s standpoint, child sexual abuse is a gross sin. (Deut. 23:17, 18; Gal. 5:19-21; w97 2/1 p. 29) Jehovah’s Witnesses abhor child sexual abuse. (Rom. 12:9) Thus, the congregation will not shield any perpetrator of such repugnant acts from the consequences of his sin. The congregation’s handling of an accusation of child sexual abuse is not intended to replace the secular authority’s handling of the matter. (Rom. 13:1-4) Therefore, the victim, her parents, or anyone else who reports such an allegation to the elders should be clearly informed that they have the right to report the matter to the secular authorities. Elders do not criticize anyone who chooses to make such a report.​—Gal. 6:5.

5. The Scriptures place the responsibility on parents for teaching and protecting their children. (Eph. 6:4) 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; w96 12/1 pp. 13-14 pars. 18-19; g 10/07 pp. 3-11; g99 4/8 pp. 8-11; g97 4/8 p. 14; g93 10/8 pp. 5-13; g85 1/22 pp. 3-10; fy pp. 61-62 pars. 24-26; lr pp. 170-171.

6. Child abuse is a crime. 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.​—Rom. 13:1-4.

7. 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. 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:

1. (1) The alleged abuse occurred many years ago.

2. (2) The alleged abuse is based on the testimony of only one witness.

3. (3) The alleged abuse is believed to be a repressed memory.

4. (4) The alleged abuse involved perpetrators or victims who are deceased.

5. (5) The alleged abuse is believed to have already been reported to the secular authorities.

6. (6) The alleged perpetrator or victim is not a member of your congregation.

7. (7) The alleged perpetrator is a non-Witness associating with the congregation.

8. (8) The alleged abuse occurred before the alleged perpetrator or victim was baptized.

9. (9) The alleged victim is now an adult.

10. (10) The alleged abuse occurred in the past, and it is unclear whether your congregation elders ever called the Legal Department for direction.

8. 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 full name, date of birth and, if applicable, date of baptism. After speaking with the Legal Department, the caller will be transferred to the Service Department.

9. Prison Inmates: 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.

10. Child Pornography and Sexting: 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 informed when the elders receive reports of adults sexting one another.

11. When discussing child sexual abuse from a congregation standpoint, we are not considering 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 14:29-30.) 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.

12. Elders should demonstrate empathy and compassion when anyone approaches them about a matter involving child abuse. Ongoing spiritual shepherding is especially important for victims of child sexual abuse and their families.​—Isa. 32:1, 2; Eph. 4:32; 1 Pet. 5:2.

13. Two elders should always be involved when shepherding an adult sister who is a victim of child abuse. An elder should never become the sole confidant of a sister to whom he is not closely related.​—See 25:12.

14. When shepherding a child abuse victim who is still a minor, two elders and the minor’s parents should be involved. (Deut. 6:6, 7; Eph. 6:4) Of course, if one of the parents is the accused, the accused parent would not be involved. If neither parent can be present, then another adult member of the congregation who is a confidant of the victim should be included.

15. As spiritual shepherds, elders should be good listeners. (Prov. 21:13; Jas. 1:19) While some victims may prefer not to talk about past abuse, others have found it helpful to talk with empathetic elders who can listen and then “speak consolingly” from God’s Word. (1 Thess. 5:14; Prov. 12:25; Jas. 5:13-15) Though it may be necessary for the elders to ask a few tactful questions to help an afflicted one express herself, they should avoid probing unnecessarily or repeatedly into the details of the abuse. However, discussing Biblical examples of others who endured a difficult childhood and yet succeeded in becoming faithful servants of Jehovah may provide needed comfort. In time, Jehovah God will heal “the brokenhearted.”​—Ps. 30:2; 94:19; 147:3; w11 10/15 pp. 23-27; w01 4/15 pp. 25-28; w83 10/1 pp. 27-31; g 7/09 pp. 6-9; g91 10/8 pp. 3-11.

16. The time that elders can spend shepherding a member of the congregation who is a victim of child abuse is limited, so they must balance this important responsibility with their other responsibilities, which include caring for the spiritual, emotional, and material needs of their own family. In some cases, a victim of child abuse may seek more spiritual support from the elders than they can reasonably give. In such cases, some elders have found it beneficial to set limits on the time for such shepherding. It may take several visits to assist a victim effectively. When circumstances limit the extent of the assistance the elders can provide on a particular occasion, elders should still seek to share words of encouragement, assuring a victim of Jehovah’s love, reading an appropriate scripture, and offering a prayer. This will confirm the elders’ interest and willingness to help to the extent possible.

17. In addition to the spiritual shepherding provided by the elders, the victim or her family may desire other assistance. For example, an adult sister who suffered abuse as a child may choose to approach an empathetic sister for emotional support and encouragement. (Prov. 17:17) Or the victim or her family may decide to consult a mental-health professional. Whether a victim or her family pursues treatment from psychiatrists, psychologists, or therapists is a personal decision. (Gal. 6:5) If an elder is asked for advice on this matter, he may direct attention to appropriate Bible principles and material in our publications.​—w15 9/15 pp. 9-11; w08 11/15 pp. 23-27.

18. 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 and if the accused is a member of the congregation, the body of elders will appoint two elders to investigate. These elders should carefully follow Scriptural procedures and the Bible-based direction in this chapter and in Chapter 12. 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. Generally, elders should be able to obtain necessary information from the parents. In addition, sufficient evidence needed to establish wrongdoing on the part of an alleged abuser may already be available to the elders. (See 12:40-42.) In the exceptional event that the two elders believe it is necessary to speak with a minor who is a victim of child sexual abuse, the elders should first contact the Service Department.

19. If the body of elders concludes that there is sufficient Scriptural evidence to warrant the formation of a judicial committee on the grounds of child sexual abuse, the coordinator of the body of elders should first contact the circuit overseer. (See 12:40-42; 15:1-2.) The circuit overseer will designate an experienced elder to serve as chairman of the judicial committee. If an appeal committee is needed, the circuit overseer will select experienced elders to serve on the committee and will designate the chairman. (See 17:1.) If wrongdoing is established and the wrongdoer is not repentant, he should be disfellowshipped. (See 16:26-31.) On the other hand, if the wrongdoer is repentant and is reproved, the reproof should be announced to the congregation at the next midweek meeting. (See 16:20-25.) This announcement will serve as a protection for the congregation. Victims of child sexual abuse are not handled judicially. However, if the body of elders believes that congregation action may be warranted in the case of a mature minor who was a willing participant in wrongdoing, two elders should call the Service Department before proceeding.

20. 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 serving on the committee should immediately call the Service Department. This call must be made before the reinstatement is announced to the congregation.​—See 19:10-12.

21. 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’s committee should immediately call the Service Department. These calls must be made before the reinstatement is announced in both congregations.​—See 19:10-12.

22. The elders should carefully adhere to all direction provided by the Service Department. For example, the Service Department will provide direction when (1) it is determined that a publisher (baptized or unbaptized) who is guilty of child sexual abuse is repentant and will remain in the congregation, (2) one disfellowshipped for child sexual abuse is reinstated, (3) a publisher (baptized or unbaptized) 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.

23. In such cases, direction from the Service Department to the elders will include restrictions imposed on the 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. The Service Department will direct the elders to inform family heads of minors within the congregation of the need to monitor their children’s interaction with the individual. The elders would take this step only if directed to do so by the Service Department. 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.

24. 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 minor privileges. Paul’s counsel to Timothy has special relevance in the case of baptized adults who have molested children: “Never lay your hands hastily on any man; neither become a sharer in the sins of others.” (1 Tim. 5:22; w97 1/1 pp. 26-29) 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 sound and video equipment, serving as an attendant, or assisting with accounts, literature, 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.

25. Information concerning individuals associated with the congregation and accused 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 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.

26. 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.

27. 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.”

28. 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.”

29. What steps should elders take when minors engage in sexual misconduct with one another? As stated earlier, 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.​—See 15:15.

30. 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. (See 12:14-17.) If a baptized minor has been previously counseled on this matter and persists in the wrong course, in most cases, judicial action would be taken. However, 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. If elders have questions regarding a specific case, they should call the Service Department.