Good Samaritan legislation is one sign of a growing selfishness in our society.
Several years ago “Lizzie” could see no escape from the darkness overwhelming her. Her marriage had broken down, she was estranged from her family, there were financial difficulties and she was responsible for her son Declan, then 15, who had been diagnosed with a learning disability.
In a state of clinical depression, Lizzie believed the only way to escape the pain was to take her own life. She attempted to overdose, only to find herself regaining consciousness 24 hours later.
What happened in that 24-hour period triggered a passion in Lizzie that today drives her to seek changes in WA law. Lizzie says she learned later that her ex-husband had discovered her in a comatose condition but after phone discussions with her mother and brother, the three decided not to seek medical assistance. Declan said his father had told him that because Lizzie wanted to die no one was going to call an ambulance. He left Declan alone with his mother.
Lizzie’s desire to see laws passed that will prevent situations such as hers from being repeated, should be embraced by all who desire to defend and value the sanctity of life. Her concerns have been reinforced by recent cases such as that of Kalgoorlie man Grant Jesser, robbed and filmed by teenagers who discovered his beaten body.
They did not render assistance and Jesser eventually died. But because there are no laws in WA that legally oblige bystanders to even contact emergency services, these boys, although charged with theft, were not held accountable for their neglect.
Lizzie believes that in order to protect the most vulnerable in our society it is essential we enshrine in WA “duty to rescue” laws adopted in ten US jurisdictions and over 20 European nations. These legally oblige bystanders to offer help to someone needing assistance, the minimum requirement being to contact appropriate emergency services.
Lizzie’s crusade is slowly gathering momentum, especially in light of recent cases of rape and bashings in which bystanders have chosen not to get involved and allowed the crime to continue unreported. It is a sad reflection on our society that we must now consider whether to legislate what was once morally expected.
The seeds for such legislation in WA were planted in 2002 with the Civil Liability Act, which included a Good Samaritan clause protecting any person providing assistance in an emergency. It was a formal recognition of the attitude of self-preservation pervading our society, triggered by litigation mania that was flooding the US legal system. Basically, it was government permission for us to put others before ourselves because potential rescuers were being deterred by the fear they could later be sued.
But as Lizzie pointed out in her recent submission to WA Attorney-General Christian Porter, while the Good Samaritan clause encouraged people to become involved, it is now time to go one step further to incorporate “duty to rescue” legislation that will hold those who choose not to assist others in need legally accountable for their decision.
We are now living in a society increasingly distancing itself from the Christian principles on which our law was founded. Consequently, this will lead to the dismantling of a legal system designed to protect society’s most defenceless and replace it with one that will enhance the most powerful. That is why it is essential we now enshrine laws within our system before society becomes too estranged from Christian values and human decency.
People such as Lizzie, who at one time in her life was not capable of looking after herself, can be protected by the community around her. We must ensure that legal safeguards are adopted to replace the moral and ethical ones once taken for granted.
For many of society’s most vulnerable, these protective barriers have already disappeared. Thousands are now routinely destroyed through abortion. The momentum is increasing to erode protections for the aged and frail.
But legal statutes, in and of themselves, will never guarantee the practical application of their intent.
It is not difficult to equate our society today with the world St Paul addresses in his letter to the Romans. Much of his attention is focused on the law, but Paul is adamant that the law, in itself, cannot deliver justice and mercy – these can only be fulfilled when they are enshrined into the hearts of the citizens.
Laws are one thing but a greater imperative for Christians must be the desire to implant into the hearts of the next generation the Scriptural truths taught by Jesus. These must become the guiding light shining before them as they enter their adult years so that when the law of the land fails these truths they will be led by a spiritual wisdom that innately seeks justice for all.
If ever faced with situations such as Lizzie’s, or any other dilemmas confronting them with the choice of whether or not to protect someone vulnerable, they will not have to rely on a government sanctioned statute – which can too easily be manipulated by self-desire – but will know in their hearts what they need to do.
They will understand that each and every life is of equal and immeasurable value in the eyes of God – and that no human law can ever alter that reality.