International Journal of Cultic Studies ■ Vol. 8, 2017 27
on these cases require formal training in child-
interviewing techniques, and then proceed under
“careful supervision” to ensure that they “will
conduct interviews that are neutral, objective,
and nonsuggestive.”
71F
72 Many (perhaps even
most) cases, however, unfold under less-than-
ideal circumstances that can provide difficulties
for prosecutors and courts.
The “Amish Aunt” cases provide evidence of
both the difficulty in relying on children’s
testimony and recovered memories to mount a
case of alleged child sexual abuse. Children in
an Amish community made allegations of sexual
abuse, including sexual touching, beatings,
attempted suffocations and strangulations, and
forced ingestion of manure, dead animals, and
urine.
72F
73 During testimony, two of the children
indicated that they had blocked memories of the
alleged abuse, with at least one of the witnesses
indicating that she recovered them after her
family went to a counseling center.
73F
74 The Judge
declared a mistrial on the basis that the defense
did not have an opportunity to call an expert
witness on the reliability of blocked and
repressed memories. Subsequently at the retrial,
the Amish Aunt was acquitted of all charges
because “it was too much for the children to
testify against their aunt a second time.”
74F
75
In addition to the issues surrounding the victim’s
own testimony, the private nature of sexual
abuse often creates an absence of other
evidence. Often the cases are of “he said-she
said” battles of credibility. Sometimes, however,
the evidence of the victims is bolstered by
similar factual or circumstantial evidence.
72 Resiberg, 2014, p. 275.
73 Jane Sims, 2004 (April 27), “Amish Case Ends in Mistrial,”
London Free Press. Available from
http://www.canoe.ca/NewsStand/LondonFreePress/News/2004/04/
27/437562.html
74 Jane Sims, 2004 (April 23), “Amish Girl Recounts Abuse,”
London Free Press. Available from http://www.jehovahs-
witnesses.net/watchtower.child-abuse.70649/1Amish-Abuse -Case
75 Jane Sims, 2005 (February 22), “Woman Acquitted of Abuse: A
Retrial Seen As Too Traumatic for Five Children Who Testified to
Mistreatment,” London Free Press. Available from
http://injusticebusters.org/04/Amish_London.htm
In the specific situation of alternative
religious movements, an additional hurdle
exists that both parties must overcome. In
our opinion, the involvement of a cultic or
sectarian group in the proceedings should
include an investigation into that group or
movement itself. The involved group may
be attempting to protect an operational
structure that facilitates abuse, or even may
be concealing doctrines that condone abuse
or its cover-up.
75F
76 Because people in
mainstream culture (who as the judge and
jury are the triers of facts) are not likely to
understand how these groups operate,
counsel must provide evidence about how
particular beliefs influence if not direct
behaviors that are relevant to particular
cases.
With many abusive alternative religions,
however, few explanatory resources are
available to the court, and any witnesses or
experts whom counsel attempts to use likely
will undergo intense scrutiny by the
opposing side. Plaintiffs and defendants who
are selecting potential expert witnesses
appearing before a court have three options:
current members former or ex-members
76F
77
or professionals with relevant related
76 In late June 2016, for example, “a San Diego Superior Court
judge ordered the church of Jehovah’s Witnesses, also known as
the Watchtower Bible and Tract Society of Pennsylvania, to pay
$4,000 a day in fines as long as it refuses to produce documents in
a sexual abuse case brought by former church member Osbaldo
Padron.” Experienced sexual abuse attorney, Gilion Dumas,
concluded, “the fact that the Church of Jehovah’s Witnesses has
absolutely refused to produce its documents, despite a court order
to do so, and now in the face of daily, steep financial fines, shows
how desperate the Church is to hide whatever those documents
show about the Church’s history of child sex abuse” (Gilion
Dumas, 2016 (June 28), “Jehovah’s Witnesses Face Sanctions for
Withholding Documents in Sex Abuse Case,” Dumas Law Group.
Available from http://dumaslawgroup.com/2016/06/28/jehovahs-
witnesses-face-sanctions-withholding-documents-sex-abuse-case/
77 For a generally critical discussion of apostates’ roles in legal
cases, see David G. Bromley, 1998, “The Social Construction of
Contested Exit Roles: Defectors, Whistleblowers, and Apostates.”
In David G. Bromley (Ed.), The Role of Apostates in the
Transformation of Religious Movements (pp. 42–43) (Westport
CT: Praeger).
on these cases require formal training in child-
interviewing techniques, and then proceed under
“careful supervision” to ensure that they “will
conduct interviews that are neutral, objective,
and nonsuggestive.”
71F
72 Many (perhaps even
most) cases, however, unfold under less-than-
ideal circumstances that can provide difficulties
for prosecutors and courts.
The “Amish Aunt” cases provide evidence of
both the difficulty in relying on children’s
testimony and recovered memories to mount a
case of alleged child sexual abuse. Children in
an Amish community made allegations of sexual
abuse, including sexual touching, beatings,
attempted suffocations and strangulations, and
forced ingestion of manure, dead animals, and
urine.
72F
73 During testimony, two of the children
indicated that they had blocked memories of the
alleged abuse, with at least one of the witnesses
indicating that she recovered them after her
family went to a counseling center.
73F
74 The Judge
declared a mistrial on the basis that the defense
did not have an opportunity to call an expert
witness on the reliability of blocked and
repressed memories. Subsequently at the retrial,
the Amish Aunt was acquitted of all charges
because “it was too much for the children to
testify against their aunt a second time.”
74F
75
In addition to the issues surrounding the victim’s
own testimony, the private nature of sexual
abuse often creates an absence of other
evidence. Often the cases are of “he said-she
said” battles of credibility. Sometimes, however,
the evidence of the victims is bolstered by
similar factual or circumstantial evidence.
72 Resiberg, 2014, p. 275.
73 Jane Sims, 2004 (April 27), “Amish Case Ends in Mistrial,”
London Free Press. Available from
http://www.canoe.ca/NewsStand/LondonFreePress/News/2004/04/
27/437562.html
74 Jane Sims, 2004 (April 23), “Amish Girl Recounts Abuse,”
London Free Press. Available from http://www.jehovahs-
witnesses.net/watchtower.child-abuse.70649/1Amish-Abuse -Case
75 Jane Sims, 2005 (February 22), “Woman Acquitted of Abuse: A
Retrial Seen As Too Traumatic for Five Children Who Testified to
Mistreatment,” London Free Press. Available from
http://injusticebusters.org/04/Amish_London.htm
In the specific situation of alternative
religious movements, an additional hurdle
exists that both parties must overcome. In
our opinion, the involvement of a cultic or
sectarian group in the proceedings should
include an investigation into that group or
movement itself. The involved group may
be attempting to protect an operational
structure that facilitates abuse, or even may
be concealing doctrines that condone abuse
or its cover-up.
75F
76 Because people in
mainstream culture (who as the judge and
jury are the triers of facts) are not likely to
understand how these groups operate,
counsel must provide evidence about how
particular beliefs influence if not direct
behaviors that are relevant to particular
cases.
With many abusive alternative religions,
however, few explanatory resources are
available to the court, and any witnesses or
experts whom counsel attempts to use likely
will undergo intense scrutiny by the
opposing side. Plaintiffs and defendants who
are selecting potential expert witnesses
appearing before a court have three options:
current members former or ex-members
76F
77
or professionals with relevant related
76 In late June 2016, for example, “a San Diego Superior Court
judge ordered the church of Jehovah’s Witnesses, also known as
the Watchtower Bible and Tract Society of Pennsylvania, to pay
$4,000 a day in fines as long as it refuses to produce documents in
a sexual abuse case brought by former church member Osbaldo
Padron.” Experienced sexual abuse attorney, Gilion Dumas,
concluded, “the fact that the Church of Jehovah’s Witnesses has
absolutely refused to produce its documents, despite a court order
to do so, and now in the face of daily, steep financial fines, shows
how desperate the Church is to hide whatever those documents
show about the Church’s history of child sex abuse” (Gilion
Dumas, 2016 (June 28), “Jehovah’s Witnesses Face Sanctions for
Withholding Documents in Sex Abuse Case,” Dumas Law Group.
Available from http://dumaslawgroup.com/2016/06/28/jehovahs-
witnesses-face-sanctions-withholding-documents-sex-abuse-case/
77 For a generally critical discussion of apostates’ roles in legal
cases, see David G. Bromley, 1998, “The Social Construction of
Contested Exit Roles: Defectors, Whistleblowers, and Apostates.”
In David G. Bromley (Ed.), The Role of Apostates in the
Transformation of Religious Movements (pp. 42–43) (Westport
CT: Praeger).
