Jessica Masulli Reyes

The News Journal

A Delaware judge is allowing a lawsuit against a Jehovah's Witness congregation to continue, but repeated concerns about the constitutionality of the state's law that shields clergy from having to report child abuse disclosed during confessions.

Superior Court Judge Mary M. Johnston issued a 12-page ruling last week in which she refused to dismiss the lawsuit, citing genuine issues that can only be decided at a trial.

Attorney General Matt Denn's office filed a lawsuit against the Laurel Delaware Congregation of Jehovah's Witnesses in 2014 alleging two elders failed to report to state authorities a sexual relationship between a woman and 14-year-old boy, both of whom were members of the congregation.

The congregation's attorney asserts that the elders were exempt from reporting because of a state law that does not require disclosure when the abuse is disclosed in an attorney-client setting or "that between priest and penitent in a sacramental confession."

Judge weighs religious exemptions for child abuse reporting

Johnston agreed that the exemption "if narrowly interpreted, is unconstitutional on its face" and could violate the prohibition on laws that give preference to any religion. But she then added that the law could potentially be read to apply to all religions, the court ruling said.

The suit arose after a 14-year-old boy disclosed to his mother in January 2013 that he was in a sexual relationship with Katheryn Harris Carmean White, a fellow member of the congregation and a teacher’s aide at Seaford Middle School, court documents said.

Authorities: Seaford congregation didn�t report sex abuse

The boy and his mother met with elders at the religious hall that same day, and the elders said they would speak with Carmean White regarding the allegations, the suit said. Four days later, the elders met with Carmean White, but did not call the state abuse hotline, according to the suit.

She was arrested in February 2013 and admitted to authorities that she had sex with the boy about 40 times over a 10-month period. She was convicted of third-degree rape, fourth-degree rape and child endangerment, and is serving a six-year prison sentence.

Contact Jessica Masulli Reyes at 302-324-2777, jmreyes@delawareonline.com or Twitter @JessicaMasulli.