Abuse issues discussion
This page is for discussions of issues that are too lengthy, complex and/or subtle to be concisely resolved on the main abuse page. It is expected that a number of explorations may end up here; a few possibilities are just below in the Contents section. For now, we can start with a factual account of the proceedings of the court case regarding charges brought against Osho and the Ranch in 1985 based on rumours of sexual abuse.
Facts in the 1985 sexual abuse court case
These reports are taken from Oregon and US newspapers and other media of the time, via Roshani’s compilation of Ranch-related clippings. Particular citations can be found on the source doc page.
85.04.22 Diane McDonald of Madras petitions Wasco County Circuit Court (WCCC) judge to investigate allegations of child sexual abuse and neglect at Rajneeshpuram; she says her charges are based on her own belief, affidavits and an article in the May issue of Oregon magazine which quotes anonymous former disciples and Share-a-home program (SAHP) participants as saying most of the 12-14 year old girls at Rajneeshpuram have sexual relationships and a 10 year old was molested on a bus, that children do not live with parents and have inadequate winter clothing; Judge William Jackson seals the case file; State Children's Services Division (CSD) meets with Wasco County officials; Rajneeshpuram spokesperson says McDonald's charges have already prompted two CSD investigations which found no wrongdoing; Judge allows the petition to be filed, has agreed to sign a restraining order, but refuses to grant a request that all 150 children be taken into protective custody; preliminary hearing set for May 20 in Juvenile Court; Oregon magazine sends out advance copies of its May edition this date along with a press release; McDonald says she was approached by the authors of the magazine article and believed them.
85.04.23 Wasco County Sheriff's deputies' begin serving papers on Rajneeshpuram parents and children ordering them to appear at May 20 hearing on child abuse and restraining any children from leaving Wasco or Jefferson Counties before then; 6 named and 150 unnamed children are alleged to be involved; Rajneeshpuram spokesperson says all named children are girls and some are no longer at Rajneeshpuram.
85.04.24 More subpoenas served in alleged child abuse case, to 2 teenaged girls and the Rajneeshpuram Peace Force Chief; 37 are named in the summonses, but only 6 have been served.
85.04.28 Judge Jackson lifts temporary restraining order against Rajneeshees in alleged child abuse case and is considering holding a motion hearing this week where a Rajneeshee attorney will argue for dismissal of the petition and quashing of the 37 summonses issued for the May 20 hearing.
85.05.01 Oregon magazine "Rajneesh Watch" article prints allegations of child abuse at Rajneeshpuram, but also says CSD and University of Oregon psychologists report no evidence of abuse or neglect.
85.05.05 Feature article in Bend Bulletin on woman petitioning WCCC in child abuse case (Diane McDonald) describes her as "one of the most active critics of the sect.", appearing on TV, writing letters, participating in anti-Raneeshpuram organizations, running for Wasco County Commission, loaning a trailer to the Guardian Angels; article says the affidavits on which she based her allegations are from ex-Ranch foreman Robert Harvey and from Harvey's teen-age daughter.
85.05.15 Tigard, OR This Week columnist discusses child abuse charges against Rajneeshpuram parents and says suit will be heard in Portland.
85.05.20 Rajneesh Legal Services (RLS) attorneys, representing 2 Rajneeshpuram children, file an affidavit of prejudice disqualifying Judge William Jackson of Baker from hearing the alleged child abuse case (he was the Judge who accepted the petition in the case on Apr. 22); Judge John Jelderks has already disqualified himself; Judge Stephen B. Herrell of Portland will take over the case and set a new hearing date.
85.06.06 Judge Kristena A. LaMar of Multnomah County, the fourth Judge appointed, sets hearing date in alleged child abuse case against R residents for June 26; Judge Herell, the third Judge considered and also from Multnomah County, was removed after RLS filed a pleading against him; the case record is sealed because it involves juveniles.
85.06.26 The child abuse complaint against Rajneeshpuram residents brought by Diane McDonald is "thrown out... by a judge who said an extensive investigation found no evidence that any abuse occurred."; Judge Kristena A. LaMar says the petition will be dismissed in 30 days unless attorney for the petitioner "presents substantial evidence 'heavier than has been alleged to date.'"; she said her ruling was made "in light of the results of the investigations made, the fact information in the petition was old, that part of the allegations were based on hearsay and there was no evidence to back up the abuse charges and that the alleged victims had denied any abuse."; Wasco County DA says the state Children's Services Division spent 350 hours investigating and the county sheriff's office put in 200 hours and "said the abuse charges were unsubstantiated."; Judge denies "defendants' motion to assess court costs against McDonald, who failed to appear at an earlier deposition hearing."; McDonald's attorney, Charles Porter of Eugene, does not appear at the hearing; Rajneeshpuram spokesperson says the accused parents will study the possibility of charging McDonald and Porter with "malicious prosecution."
85.07.15 Diane McDonald says she is continuing "her fight to prove" Rajneeshpuram residents "abused their children" and is trying to gather evidence before July 25 suit dismissal date.
85.07.29 Diane McDonald, having asked for a 30 day extension on her time to produce more evidence of child-abuse at Rajneeshpuram, and RLS not having filed any objections to the request, is granted that time by MCCC Judge Kristena A. La Mar.
85.08.22 Diane McDonald says she probably will not be able to produce enough evidence by Aug. 26 court date to continue the charges of child abuse against Rajneeshpuram residents.
85.09.04 Judge Kristena A. LaMar dismisses the final motion in the child abuse case brought against Rajneeshpuram residents by Diane McDonald after hearing Wasco County DA arguments in an attempt to compel production of the alleged victims' names; main body of the case had been dismissed a week earlier and this dismissal ends all proceedings.
Checks and balances
The “checks and balances” section in the abuse main page tries to consider what “processes, devices, systems, teachings, communal structures, etc may have been given by Osho to prevent or mitigate damage caused by potential abusers of his selfishness teaching, especially in regard to ‘innocents’ who had less ability to protect themselves from others' selfish depredations, ie children vs their potential abusers”.
As far as his teachings go, one might expect that “be conscious” would provide an excellent barrier against the potential excesses and misunderstandings of his selfishness teachings. And undoubtedly it did, for those who took his definitions to heart and basically understood. But equally undoubtedly, this guidance was insufficient for some. Could this have been “improved”?
“Be conscious” is a near-ubiquitous message in Osho’s oeuvre; was its absence in connection with “be selfish” significant? We batted this around on the main page and, unable to decide, have left it for readers to decide and/or suggest further angles or insights.
Might Osho’s selfishness teaching have enabled or encouraged abusers?
The potential for damage or abuse arising from Osho’s selfishness guidance can be seen as a consequence of the word’s negative baggage. He has appropriated the word for his own distinctive teachings but in his expounding of this theme has not always indicated how his meaning differs from the standard, highly negative meaning. Thus is the door is open for misunderstanding and misinterpretation if the opportunity is there, especially by those predisposed to be less empathetic.
Should children have been allowed in Osho’s communes?
And if so, under what conditions / precautions? Osho began initiating children as early as 1971 (see the group shot from Gujarat from May 1971). Indian kids would mostly have stayed with their parents, but sannyasins from the West were encouraged to drop the nuclear family model and let the whole commune take care of each other and the kids.
What can we understand from Osho’s words on the abuse case in Oregon’s court?
In particular, what might we make of his unawareness of the abuse that was going on? And his assertion that it could not happen in his commune?
Osho made it clear he was not infallible
It certainly looks like having unsupervised or unmentored kids turned out quite badly for some girls. How might this outcome have been avoided by Osho and/or his sannyasins doing something differently? Without sacrificing the unparalleled positives created by his Buddhafield.
