Last week, a civil trial for damages by a now-adult woman who was repeatedly molested and raped as a 12-year-old by an “elder” in a Makaha Jehovah’s Witness congregation came to a conclusion, with an award of $40 million to the plaintiff. The abuse in question took place in 1992.
Kenneth L. Apana, now 78 and living on Hawaii island, abused the plaintiff and others over 23 years, from 1988 until 2011, and admitted to doing so. In a deposition, Apana testified that he had sexually assaulted four young girls, including a close family member, as well as the plaintiff.
The case arouses outrage, compounded by the fact that Apana was never prosecuted for these crimes. It should also prompt shame that, as a community, there’s the lack of will to create safer circumstances, in all settings, for youth vulnerable to sexual abuse and criminal wrongdoing by those in a position of authority, religious or otherwise.
In Apana’s case, Circuit Judge Dean Ochiai awarded punitive damages of $25 million on top of compensatory damages of $15 million, granting the punitive award as an “extraordinary” remedy for intentional, deliberate and outrageous wrongdoing. The judge noted that had Apana been prosecuted, he would have been subject to multiple, lengthy prison sentences.
Yes, a commitment to, without fail, prosecute and punish sexual predators is a tool to deter their crimes. But before there can be a successful prosecution, criminal behavior must be exposed, to the police and to a court. Keiki subjected to sexual abuse often are ill-equipped to speak up, especially when the abuser has established a false reputation in the community, has groomed or enticed the victim, and plotted to create an illusion of innocence.
First, within the family space, parents should create a supportive and open dialogue to talk with their children about bodily autonomy, so that a youth will not be afraid or ashamed to report any attempted abuse.
Beyond this, it’s also necessary for organizations serving youth, whether that be a sports club, Sunday school provider or arts group, to have strict background checks, sex abuse prevention training and reporting requirements, which are followed to a T in every instance.
Other defendants in the Apana case, including the Makaha Congregation of Jehovah’s Witnesses and the Watchtower Bible and Tract Society of New York Inc., settled claims with the plaintiff in January, and stated that they follow reporting laws and do not discourage victims or their families from reporting abuse. However, the crimes might have been detected, or even prevented, had Jehovah’s Witnesses held awareness meetings for their members, and ensured that each youth belonging to a congregation family knew they could safely report any concerns, whether to a parent or responsible party, and be respectfully heard.
But instead, according to case documents, other elders had discouraged the plaintiff from reporting her sexual abuse to police. Further, after Apana was allowed to return to the church after being “disfellowshipped” for a year, church elders continued to dissuade the girl’s family from reporting the abuse.
Reports of trusted individuals preying on young victims arise all too often. In Hawaii, youth have been allegedly victimized by predators who found opportunity in coaching sports, teaching at prestigious private schools, or assuming leadership positions within a church.
In 2016, Hawaii’s Catholic Church settled 30 of 40 pending cases alleging sexual abuse. In response to worldwide pressure over parallel scandals, the Church has altered its procedures and accepted some responsibility, but still comes up short on measures of transparency and accountability.
Meanwhile, the pattern that allowed cases like these to stay hidden for decades, or lifetimes, continues: shaming those who come forward; burying or ignoring complaints; conducting cursory investigations that favor an abuser; or simply removing an accused from a location, but not from access to victims.
Preventing youth sexual abuse is a shared responsibility. Parents, communities and institutions must all contribute, by demanding adherence to procedures that reduce the risk of abuse, and giving victims a safe way to be heard and to get justice.
