Posted by:
Lot's Wife
(
)
Date: July 23, 2019 08:10PM
Mike, I'm not sure why you keep doubling down on this
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> (2) A person is guilty of stalking who
> intentionally OR KNOWINGLY engages in
>
https://le.utah.gov/xcode/Title76/Chapter5/76-5-S1> 06.5.html?v=C76-5-S106.5_2018050820180508
Okay. The bishop must either intentionally or knowingly engage in stalking. But in the instant case it is not the bishop doing the stalking; it is the children. The bishop is therefore off the hook.
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> 4) In any prosecution under this section, it is
> not a defense that the actor:
> (a) was not given actual notice that the course of
> conduct was unwanted; or
> (b) did not intend to cause the victim fear or
> other emotional distress.
>
https://le.utah.gov/xcode/Title76/Chapter5/76-5-S1> 06.5.html?v=C76-5-S106.5_2018050820180508
Same response. If the bishop did not stalk, and did not order others to stalk, his state of mind is irrelevant. He did not stalk.
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> There are ample sources to make a case for
> emotional distress in the situation of an
> individual who experienced a faith crisis,
> resigned from their church and were still being
> stalked and harassed by that church.
The articles to which you refer here are solid, and their conclusions reasonable. But they are contrary to the statute and the case law in Utah. The latter matters in court; the articles, no matter how persuasive, do not.
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> The Civil Stalking Injunction is appropriate. An
> individual resigns from a church and tells the
> church to leave her alone. The church ignores
> that, the negligence of its pastor to ensure that
> his flock does not bother the individual places
> the blame on him. The actions of the church can
> and do inflict emotional distress on individuals
> who are attempting to heal from the emotional
> trauma of a faith crisis.
You see? Above you showed that according to the statute, the bishop needed either intention or knowledge to be held accountable. But here you slip to a lower standard--"negligence"--which your own source says is insufficient. That is why the bishop is not legally liable.
Further, you repeat that the church's conduct causes "emotional distress," a point on which I agree. But your feelings and mine are not relevant. What matters is the case law, and that law establishes a much more rigorous definition. No judge is going to ignore the instructions of the appellate authorities no matter what you, I, and our non-legal sources, state.