London Daily

Focus on the big picture.

Will a Church Get Away With Making a Teen Listen to Recording of Her Rape?

Will a Church Get Away With Making a Teen Listen to Recording of Her Rape?

The victim was 15 years old when she says church elders called her into a room with her mother and stepfather, sat her down, and made her listen to a recording of her own rape. A lifelong Jehovah’s Witness, the girl-who we’ll call Anna-says she was sexually assaulted by an older church member on multiple occasions.
But when the church learned of it, they decided to investigate not her assailant, but her-for the crime of having sex outside of marriage. And now it’s down to the Utah Supreme Court to decide if they should get away with it.

The court cases rests on the question of eccleiastical abstention, or whether the court can intervene in matters of religion. The Kingdom Hall of Jehovah’s Witnesses of Roy, Utah, claims it was engaging in regular religious practice when it forced the teenager to relive to her own rape. And so far, the courts have agreed. But lawyers for the woman, now in her late 20s, argue that their conduct is so “utterly intolerable” that it transcends this rule.

"Whatever ‘autonomy’ the Establishment Clause confers on religious authorities,” the lawyers wrote in a brief to the court, “it does not provide them with a constitutional right to subject a minor to an audio recording of her own rape.”

Anna says she first met her 18-year-old assailant through a mutual friend, and that they all decided to go to the movies together one night in 2007. But on the day of the movie, the friend didn’t show up, leaving Anna to get a ride home with her assailant. In the car, she says, he stole her phone and refused to give it back until she kissed him on the cheek. When she refused, he kicked her out of the car and drove away, only to circle back later to pick her up. When he dropped her off at home, he made the same demand again. This time, when she refused, he drove away with her phone in hand, leaving it at the restaurant where her sister worked for Anna to retrieve on foot.

What happened next reads like something out of a horror movie. Anna claims her assailant, with the help of their mutual friend, abducted her on multiple occasions and drove around for hours with her bound, gagged, and blindfolded in the back seat of his car. Later, he showed up at her house late at night and ordered her to get in his car, threatening to harm her friends and family if she didn’t.

On multiple occasions-sometimes while armed-he drove her to a parking lot and forcibly kissed her, groped her, and ultimately raped her over the sound of her protests, she alleges. The culmination of the abuse occurred when her assailant twice drove to her house, climbed through her window, and raped her on her bed, the court papers say. According to her complaint, the last assault lasted between one and a half and two hours.

Jehovah’s Witness congregations are overseen by elders, who are tasked with adjudicating any complaints of wrongdoing. When news of what happened to Anna reached her congregation's elders, they formed a four-person Judicial Committee to investigate not her assailant, but her, for possible immoral sexual acts. According to her complaint, they questioned her for 45 minutes about the encounters, including whether or not they were consensual. Then, they turned to more aggressive techniques. With her mother and stepfather present, the four elders began playing a recording of one of the encounters that her assailant had made without her knowledge, pausing it at random points to pepper her with questions.

Upon hearing the recording, her lawyers wrote, Anna “physically trembled, and pleaded with the elders to stop forcing her to relive the scarring experience. They did not stop.” The interrogation lasted over four hours.

An employee of the South Ogden Police confirmed that Anna had filed a sexual assault complaint in 2008, though the employee did not confirm the name of the alleged assailant. The disposition of that complaint is unclear. According to Anna’s brief before the Supreme Court, the Utah Division of Child and Family Services also filed a complaint against the elders in June of 2009 over the interrogation. An administrative hearing with the Department of Human Services reportedly found that the men had engaged in “emotional maltreatment,” or the subjection of a child to psychologically destructive behavior,” according to the brief.

According to Anna’s former lawyer, Alexander Zalkin, she was removed from the fellowship as a result of the church’s investigation. She was officially reinstated a year later but never went back to the church, Zalkin told The Daily Beast. Anna’s current lawyer declined an interview request on her behalf.

Anna sued the church in 2016 for more than $300,000, alleging, among other things, infliction of emotional distress. Nearly eight years later, she said, she still suffered from humiliation, anxiety, nightmares, loss of appetite, and poor performance in school. Upon hearing the case, a district court called the allegations “disturbing” and the elders’ behavior “reprehensible.” If it had occurred in a secular setting, they wrote, they would have “no hesitation in sending th[e] claim to the jury.”

In court filings, the church disputes Anna’s factual allegations and denies mistreating her “in any manner,” while at the same time describing her interrogation as a “common and accepted religious practice.” Anna, it claims, “voluntarily associated with the religious organization and chose to participate in the judicial tribunal with her parents”-something that, they argue, “would not ordinarily cause severe unmanageable mental distress.” At a hearing last week, a Supreme Court justice described the practice as akin to “emotional waterboarding.” A lawyer for the church said she would draw the line at anything physical.

As strange as it may sound, the church’s argument rests on painting this behavior as normal religious practice. That’s because of the doctrine of ecclesiastical abstention, which holds that courts cannot decide a religious question or make a religious proclamation. In one famous case, a student at an Episcopal school sued after being expelled for smoking marijuana off school grounds. The court declined to hear the case, ruling that the expulsion was related to the school’s religious doctrines and they could not interfere.

Lawyers for the church say this case, too, is one of purely religious decision-making; that the church was simply carrying out a normal protocol to determine if one of its congregants had sinned. And so far, the courts have agreed. Allowing Anna’s claims to be litigated, an appeals court wrote last year, would “require the district court to unconstitutionally inject itself into substantive ecclesiastical matters.”

It’s a defense that the church has used before. Dozens of lawsuits have been filed against various Jehovah’s Witness congregations and its governing body, the Watchtower Bible and Tract Society, over their failure to report sexual abuse of minors in the community-in part because of a rule stating that two eyewitnesses are required to accuse any member of a sin, no matter how extreme. In multiple instances, the church has cited ecclesiastic privilege to defend its process and its failure to report such complaints to the relevant authorities. The approach was not always successful; the church has paid out multimillion-dollar settlements in recent years.

Lawyers for the plaintiff, and experts interviewed by The Daily Beast, say the argument should not apply in this case either. No one is questioning whether the interrogation was a religious act, they say; everyone agrees that it was. Regardless, the behavior displayed there was so egregious that it should violate even neutral principles of law-secular rules that transcend the case at hand and apply evenly to all.

“Nobody has to say, ‘Oh you're bad, your religion is wrong,’” said Frank Ravitch, chair of the law and religion department at Michigan State University. “They're simply saying, ‘Look, whatever your reason for doing this, religion is not going to give you a defense because it was so extreme and outrageous.”

“Calling this extreme is understating what it is,” he added. “It goes beyond extreme.”

In presenting their case to the Supreme Court, Anna’s lawyers took the argument even further. If the church is allowed to subject a 15-year-old to this kind of treatment without sanction, they asked, what’s to stop churches from blackmailing members, torturing them, or worse? If the court sides with the church, they wrote in a brief, religious leaders would be “immune from liability for any injuries caused by the penalty they decide to hand down for a violation of religious law.”

The court heard arguments Monday and has yet to make a final decision. But many of the justices seemed frustrated with church attorney Karra Porter’s refusal to draw a line over which courts would be allowed to interfere in religious business. Was it torture? Murder? Porter said she’d spent an “entire weekend” looking for an answer and came up empty-handed. “I actually did look for that, I promise, and couldn’t find a thing,” she said.

At one point, Justice Deno Himonas asked repeatedly whether she believed the allegations constituted reprehensible conduct.

“You mean for purposes of an [intentional infliction of emotional distress] claim?” Porter asked.

“For purposes of general human decency,” Himonas replied.

Eventually, the justice seemed to answer his own question.

“I’ve been a judge for a long time and a lawyer for a long time,” he said. “I’ve never seen, in court, anything like this.”
Newsletter

Related Articles

London Daily
0:00
0:00
Close
Unelected PM of the UK holds an emergency meeting because a candidate got voted in… which he says is a threat to democracy…
You Are So Beautiful
Rob Schneider explains California reparations legislation.
Postmodern Jukebox European Tour Version
Who knew badminton could get so intense?
An old French tune (by Georges Brassens) Pomplamoose ft. John Schroeder
Farmers break through police barriers in Brussels.
Sattahip Motor Show 20
London's Iconic British Telecom Tower Sold To Become Hotel
SONATE AU CLAIR DE LUNE - Moonlight sonata
Ukraine Arrests Father-Son Duo In Lockbit Cybercrime Bust
A kiss to build a dream on
US Offers $15 Million For Info On Leaders Of Cybercrime Group Lockbit
Wonderful Tonight - Eric Clapton (Boyce Avenue acoustic cover)
Russia Claims UK Cultural Agency Spied for Ukraine
Mean Blues
Apple warns against drying iPhones with rice
La Chansonnette
Alexei Navalny: UK sanctions Russian prison chiefs after activist's death
Pattaya Addicts
German economy is in 'troubled waters' - ministry
Franz Liszt - Liebestraum - Love Dream
In a recent High Court hearing, the U.S. argued that Julian Assange endangered lives by releasing classified information.
Dream a little dream of me
New video
Unchained Melody sung like you've NEVER heard!
Tucker Carlson says Boris Johnson wants "a million dollars, in Bitcoin or cash, from Tucker Carlson to talk about Ukraine.
Dave Brubeck - Take Five
Russia is rebuilding capacity to destabilize European countries, new UK report warns
Édith Piaf - Non, Je Ne Regrette Rien (Sofie)
EU Commission wants anti-drone defenses at Brussels HQ
Rondo Alla Turca
Von der Leyen’s 2nd-term pitch: More military might, less climate talk
Kiss of fire
Global Law Enforcement Dismantles Lockbit Ransomware Operation
Tom Jones - I´ll Never Fall In Love Again 1967, 1989, 2001
Prince William Urges End to Gaza Conflict
Israel Cachao López - Guajira Clásica
UK court to hear Assange's final appeal against extradition to the US, where he faces charges related to his journalistic work—the publication of a classified video in 2010 that exposed US war crimes against humanity.
Edward Maya - Stereo Love (feat. Vika Jigulina) (Extended Mix)
About 50-60% kids either chose to be YouTuber or influencer
Strauss - Radetzky March - Karajan
A viral video of Nationals MP Barnaby Joyce lying on a Canberra footpath is celebrated by his media mates.
La vie en rose
European Countries React to Navalny's Death by Summoning Russian Diplomats
The Temptations - My Girl (Smokey Robinson Tribute) 2006 Kennedy Cent
Israel has gone ‘beyond self-defence’ in Gaza, says Labour’s Streeting
Orlando Cachaito Lopez Redencion
English farmers to be offered ‘largest ever’ grant scheme amid food security concerns
Edith Piaf - NON, JE NE REGRETTE RIEN
Cameron government knew Post Office ditched Horizon IT investigation
RADETZKY MARCH-2008-Wien, New Year Concert
EU Calls for Immediate Ceasefire in Gaza Conflict
Only you (And you alone)
EU Vows To Hold Putin "Accountable" After Meeting Alexei Navalny's Wife
Strangers In The Night
EU Launches Probe Into TikTok Over Child Protection Under Digital Content Law
Charles Aznavour - La Boheme
The EU Initiates Naval Mission to Defend Red Sea Trade Routes
Summer time
EU and UK Announce Joint Effort on Migration
Sting and Stevie Wonder - Fragile (from Sting's 60th birthday concert)
Brazil's Lula Likens Gaza Operation to Holocaust, Israel Says "Red Line" Crossed
Aux Champs Elysees
Ministers Confirm Proposal to Prohibit Mobile Phone Usage in English Schools
Stand By Me - Ben E. King (Boyce Avenue acoustic cover)
Microsoft-backed OpenAI valued at $80bn after company completes deal
La Mer (Beyond the Sea) – Avalon Jazz Band
‘Alexei would want to tell Russia not to give up fighting’
She
Rwandan Footballer's Dismissal Sparks Concerns Over UK Asylum Plan
Nathalie Song by Enzo Petrachi Stjepan Hauser Cello
Whisky Challenges China's Baijiu Market During New Year Celebrations
Shape of My Heart - Sting (Boyce Avenue acoustic cover)
Avdiivka - Symbol Of Ukrainian Resistance Now In Control Of Russian Troops
Radiohead - Creep
Putin Critic Alexei Navalny's "Killers" Refusing To Hand Over Body, Say Allies
Quizás,Quizás,Quizás - Andrea Bocelli - Jennifer Lopez
"Historic Step": Zelensky Signs Security Pact With Germany
Perhaps, Perhaps, Perhaps - Multi-Couples
"Historic Step": Zelensky Signs Security Pact With Germany
Pentatonix Havana
20 Tech Giants Sign Effort To Fight AI Election Interference Across Globe
Paula Cole - Autumn Leaves
Joe Biden Accuses Putin of Causing Navalny's Death
Oscar Benton Bensonhurst Blues
Russian opposition leader Alexey Navalny has died at the Arctic prison colony
OH NANANA vs ABUSADAMENTE
Tucker Carlson grocery shopping in Russia. This is so interesting.
Nina Simone - ”I Put A Spell On You”. Vezi aici cum cântă Jeremy Ragsd
Julian Assange's Wife Warns of His Death if Extradited to US
NIGHTWISH - The Phantom Of The Opera
‘A lot higher than we expected’: Russian arms production worries Europe’s war planners
Motorshow 2016 Tanjay Negros Oriental
Greece Legalizes Same-Sex Marriage and Adoption Rights
Monica Bellucci - Ti Amo
Hungarian Foreign Minister: Europeans will lose Europe, the Union's policy must change drastically
Michael Jackson - Billie Jean Milena The Voice France 2018
In Britain Homeowners are receiving CPO’s (Compulsory Purchase Orders) so their homes can be redistributed to migrants
Michael Buble (Help Me Make It Through The Night) feat Loren Allred
Memories Canon In D - Maroon 5 (Boyce Avenue piano acoustic cover)
Matteo Simoni - Marina
Maroon 5 - One More Night
Maroon 5 - Memories
Mark Knopfler - Brothers In Arms (Berlin 2007 Live)
Mark Knopfler & Emmylou Harris - Romeo And Juliet (Real Live Roadrunni
Marina, Marina - The LUCKY DUCKIES intimist live concert at Guimarães
Major Lazer & DJ Snake – Lean On Mauranne The Voice France 2016
Love Theme from Romeo and Juliet - Joslin - Henri Mancini, Nino Rota
LoLa & Hauser - Love Story
Linkin Park Jay-Z - Numb Encore (Live 8 2005)
Hallelujah Mennel Ibtissem, The Voice France Leonard Cohen
Leonard Cohen - Dance Me to the End of Love
Leonard Cohen & Natasha Rostova - Dance me to the end of love
La casa de papel - Bella Ciao
La Camisa Negra
L'italiano (Toto Cutugno) - The Gypsy Queens
Juanes - La Camisa Negra
Jonathan and Charlotte - Britain's Got Talent 2012 Live Semi Final - U
John Powell - Assassin's Tango
Joe Cocker - You Can Leave Your Hat On (LIVE in Dortmund)
Joe Cocker - Unchain My Heart 2002 Live
Joe Cocker - A Whiter Shade Of Pale
Jay Z & Alicia Keys - Empire State of Mind LIVE
Jason Mraz - Im Yours (live)
Jarrod Radnich - Bohemian Rhapsody - Virtuosic Piano Solo
James Blunt - You're Beautiful
James Blunt - You're Beautiful & Bonfire Heart (Live at The Nobel Peac)
If You Go Away - Helen Merrill & Stan Getz (Tribute to Virna Lisi)
I'LL BE MISSING YOU
I Say a Little Prayer
Hotel California ( Eagles ) 1994 Live
Historia de un amor - Luz Casal. Vezi interpretarea Biancăi Sumanariu
Here Comes The Sun - The Beatles (Boyce Avenue acoustic cover) on Spot
Heart - Stairway to Heaven Led Zeppelin - Kennedy Center Honors
HAVANA by Camila Cabello Zumba Pre Cooldown TML Crew Kramer Pastra
HAUSER and Señorita - I Will Always Love You
HAUSER - Waka Waka
HAUSER - Sway
HAUSER - Lambada
HAUSER - Historia de un Amor
HAUSER - Despacito
Great Pretender
Georgia May Foote & Giovanni Pernice Samba to 'Volare' - Strictly Come
Gary Moore - Still Got The Blues
GIPSY KINGS VOLARE Penelope Cruz
Fugees - Killing Me Softly With His Song
French Latino - Historia de un Amor
For A Few Dollars More The Danish National Symphony Orchestra (Live)
Flashdance • What a Feeling • Irene Cara
Filip Rudan - “Someone You Loved” Audicija 4 The Voice Hrvatska Sez
Eric Clapton - Wonderful Tonight
Enya - Only Time
Enrique Iglesias - Bailando (English Version) ft. Sean Paul
Enrique Iglesias - Bailamos
Elena Yerevan Historia de un amor
Ed Sheeran - Shape of You (Official Music Video)
Ed Sheeran - Perfect Symphony [with Andrea Bocelli]
Ed Sheeran - Perfect (Official Music Video)
Easy On Me - Adele (Boyce Avenue 90’s style piano acoustic cover) on S
ERA - Ameno
ELENA YEREVAN- Cancion Del Mariachi-IN STUDIO-2017 DPR
Dust In The Wind - Kansas (Boyce Avenue acoustic cover)
Don't Let Me Be Misunderstood
Despacito x Shape Of You - Pentatonix
Deep Purple - Child In Time - Live (1970)
David Foster When A Man Loves A WomanIt's A Mans World (SealMichael Bo
Dance me to the end of Love ( Pi-Air Design )
Coolio - Gangsta's Paradise (feat. L.V.) [Official Music Video]
Conquest Of Paradise (Vangelis), played on Böhm Emporio organ
Cielito Lindo
Chico & The Gypsies - Bamboleo
Canción Del Mariachi - Antonio Banderas, Los Lobos • Desperado
Camila Cabello - Havana (Audio) ft. Young Thug
Camila Cabello - Havana ( cover by J.Fla )
California Dreamin' - The Mamas & The Papas José Feliciano (Boyce Ave
Buster Benton - Money Is The Name of The Game
Hallelujah Pentatonix
Bobby McFerrin - Don't Worry Be Happy (Official Music Video)
Bob Dylan - Knockin' On Heaven's Door Emilia The Voice Kids France
Besame Mucho - Cesaria Evora
Ben E. King - Stand by Me Sax Cover Alexandra Ilieva Thomann
Bella Ciao
Bella Ciao - INSTRUMENTAL
Beautiful in White x Canon in D (Piano Cover by Riyandi Kusuma)
Bad Romance - Vintage 1920's Gatsby Style Lady Gaga Cover ft. Ariana Savalas & Sarah Reich(1)
BELLA CIAO 2020 - KARAOKE ITALIANO
BAMBOLEO - Gipsy Kings • Antonio Banderas, Katya Virshilas
BAILANDO (original)
Awesome Ukrainian yodeler - SOFIA SHKIDCHENKO (with English subtitles)
Avicii - The Nights
Atom - The Great Gig in the Sky
Aretha Franklin - (You Make Me Feel Like) A Natural Woman (Official Ly
Antonio Banderas - Cancion del Mariachi (Desperado)
André Rieu - Zorba's Dance (Sirtaki)
André Rieu - Can't Help Falling In Love
André Rieu & Mirusia - Ave Maria
Andrew Reyes Elton John - Don't Let The Sun Go Down The Voice 2020 (
Andreas Kümmert Whiter Shade Of Pale The Voice of Germany 2013 Showd
And I Love You So
All About That Bass - Postmodern Jukebox European Tour Version
Alan Walker - Faded (Piano Cover)
Ain't No Sunshine -- Bill Withers (cover by Canen 12 y.o.)
African music
Adriana Vidović - “Creep” Audicija 4 The Voice Hrvatska Sezona 3
Adriana Vidović - “Believer” Nokaut 3 The Voice Hrvatska Sezona 3
A Fistful of Dollars - The Danish National Symphony Orchestra and Tuva
4 Beautiful Soundtracks Relaxing Piano [10min]
2CELLOS - Whole Lotta Love vs. Beethoven 5th Symphony [OFFICIAL VIDEO]
2CELLOS - Smooth Criminal (Live at Suntory Hall, Tokyo)
2CELLOS - Smells Like Teen Spirit [Live at Sydney Opera House]
2CELLOS - Despacito [OFFICIAL VIDEO]
13 Year Old Girl Playing Il Silenzio (The Silence) - André Rieu
094.All About That Bass
00 - SADNESS PART 1
(Ghost) Riders In the Sky (American Outlaws Live at Nassau Coliseum, 1
(Everything I Do) I Do It For You - Bryan Adams (Boyce Avenue ft. Conn
What a wonderful world
Moon river
×