Read on Twitter
On criminality and justice — a (long) thread
One of things I’ve found jarring in commentary on JF is the desire to speak to criminality, or more precisely (perceived) lack of it
Yes, we may say his behaviour was nevertheless grossly inappropriate...
But why do we to refer to the former?
Yes, we may say his behaviour was nevertheless grossly inappropriate...
But why do we to refer to the former?
Some observations
1/ Whether police investigate is *not* a reliable gauge of whether a crime has taken place
If you hold a position where you will receive reports, or speak to incidents of abusive behaviour this is something you ought to know.
An example:
1/ Whether police investigate is *not* a reliable gauge of whether a crime has taken place
If you hold a position where you will receive reports, or speak to incidents of abusive behaviour this is something you ought to know.
An example:
From the Alexis Jay (Rotherham) report
In 2008, Child H (aged 11) came to the attention of police due to risk of sexual exploitation.
“When she was 12, she was found drunk in the back of a car with a suspected CSE perpetrator, who had indecent photos of her on his phone.”
In 2008, Child H (aged 11) came to the attention of police due to risk of sexual exploitation.
“When she was 12, she was found drunk in the back of a car with a suspected CSE perpetrator, who had indecent photos of her on his phone.”
[c. 4 months later] “... she was found in a derelict house with another child, and a number of adult males. She was arrested for being drunk and disorderly ... and none of the males were arrested.”
*None of the men were arrested*
But an incapacitated *child* was considered possibly criminal
In two cases fathers tried to remove their children from houses where they were being exploited by adult men — only to be arrested themselves.
But an incapacitated *child* was considered possibly criminal
In two cases fathers tried to remove their children from houses where they were being exploited by adult men — only to be arrested themselves.
There were hundreds more children & families like these.
Girls as young as 11, 12, 13, gang raped, then labelled prostitutes by the very services that ought to have protected them
Whole systems collaborating to ensure their silence despite egregious harm evident for any to see
Girls as young as 11, 12, 13, gang raped, then labelled prostitutes by the very services that ought to have protected them
Whole systems collaborating to ensure their silence despite egregious harm evident for any to see
Might we disabuse ourselves of the notion that police interest is a reliable guide to an individual’s criminality?
Friends, these children knew more about the justice system than we do.
Lack of police interest is not necessarily reassuring.
Friends, these children knew more about the justice system than we do.
Lack of police interest is not necessarily reassuring.
2/ If an investigation results in no, or indeed a failed prosecution, that reveals little about innocence or degrees of harm
Sexual crime is notoriously difficult to prosecute. A case dismissed is *not* the accused’s vindication.
Sexual crime is notoriously difficult to prosecute. A case dismissed is *not* the accused’s vindication.
Remember — only 1.4% of reported rapes in the year ending March 2020 resulted in a charge or summons.
69 times out of 70 the alleged perpetrator walks away free.
Friends, this is not because 69 times out of 70 the allegations were false.
69 times out of 70 the alleged perpetrator walks away free.
Friends, this is not because 69 times out of 70 the allegations were false.
Lack of charges does not *of necessity* imply lack of guilt.
Nor should it be understood as necessarily reassuring.
In some cases it may be quite the opposite.
Nor should it be understood as necessarily reassuring.
In some cases it may be quite the opposite.
3/ Criminal law reflects to a significant extent that which a society already thinks should be criminal
—
It has been said that infanticide was thought acceptable prior to a certain social upheaval seeping through the Greco-Roman world.
—
It has been said that infanticide was thought acceptable prior to a certain social upheaval seeping through the Greco-Roman world.
I’m not an historian, but if this is true, what happened to our moral vision?
Why are we not saying “such behaviour *should* be criminal”?
Instead of referring to police disinterest, might this not be the time to call out the deficits within our criminal code?
Why are we not saying “such behaviour *should* be criminal”?
Instead of referring to police disinterest, might this not be the time to call out the deficits within our criminal code?
Coercive control in a domestic context is a crime
Why are we, the ones who ought best to understand the church as a household and the familial/parental nature of the pastorate, not pressing to ensure the same is true within the local church?
Why are we, the ones who ought best to understand the church as a household and the familial/parental nature of the pastorate, not pressing to ensure the same is true within the local church?
Did you know it is not yet clearly criminal for a church leader to engage in a sexual relationship with a 16 year old under his care?
(Though for a school teacher this would already be true)
Why have we, Christians, taken so long to call out this glaring omission?
(Though for a school teacher this would already be true)
Why have we, Christians, taken so long to call out this glaring omission?
Friends, we ought to be appalled that someone who has abused the trust given to the office of the pastorate in the ways described in the 31:8 report might *not* fall foul of the criminal law
Lack of criminality is hardly reassuring.
Lack of criminality is hardly reassuring.
4/ We may consider the church the place in which spiritual authority & discipline should be exercised
—
but since when have we believed this is the *only* mode of authority & justice that matters?
—
but since when have we believed this is the *only* mode of authority & justice that matters?
We do believe in Christian involvement & advocacy in the political sphere.
But if we only ever advocate for legal change when it costs us little, what does that say to a watching world?
But if we only ever advocate for legal change when it costs us little, what does that say to a watching world?
When a pastor abuses the office, there are spiritual dimensions to the transgression & the injury — but not spiritual dimensions alone
Shouldn’t justice be as far reaching as the crime?
Shouldn’t justice be as far reaching as the crime?
It is not alien to Scripture’s story for secular powers to be instruments of justice in the wake of corruption in the so-called people of faith
Yes, love mercy.
But sin has consequences — and the call to seek justice for the oppressed does not end at the cross.
Yes, love mercy.
But sin has consequences — and the call to seek justice for the oppressed does not end at the cross.
Final justice is coming, and it will be so. much. better.
But justice later does not remove the need for shadow justice now.
But justice later does not remove the need for shadow justice now.
“Learn to do right; seek justice.
Defend the oppressed.
Take up the cause of the fatherless;
plead the case of the widow.”
Defend the oppressed.
Take up the cause of the fatherless;
plead the case of the widow.”
