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  Sex Assault Claim Minister Wins Payout from Church

By Brian Donnelly
The Herald [Scotland]
October 25, 2006

http://www.theherald.co.uk/news/72893.html

A former minister who quit after claiming she was sexually assaulted by a married Church of Scotland elder has won an undisclosed out-of-court settlement after threatening to sue for discrimination.

Helen Percy, branded a witch by some parishioners during the bitter, nine-year saga, is now considering applying to be readmitted to the clergy.

She is also now planning to write a book about her experiences and claims members of her former presbytery in Angus are angry she has been kept out of the ministry for so long.

Ms Percy said yesterday: "My ministry is very important to me and I am surprised how important it still is after all these years. I do not think I am a different person essentially than before this began.

"I think perhaps I have more empathy with people. I suppose I would say that one of the disappointments in this outcome is that it had to be through the civil courts when I don't think that is how Christ would have dealt with it.

"I think that some way of reconciling people would have been preferable and far more healing."

Last year, five Law Lords awarded the unmarried 40-year-old the right to claim compensation for sex discrimination in a unique ruling.

They ruled Ms Percy could claim against the Church at an employment tribunal, despite arguments that she had no contract because her job was of a spiritual nature.

A decade ago Ms Percy, a former chaplain at Noranside Prison near Forfar, claimed Sandy Nicholl assaulted her while they were engaged in a close emotional relationship. An investigation took place but no charges were brought.

Yesterday she said: "I trusted him and had experience of sexual abuse as a child which certainly affected the way I reacted to an approach from a man who was 20 years my senior and whom I trusted. I don't think my reaction was any different to most women put in that kind of situation."

Ms Percy, who has been working with rape crisis centres in Africa, was suspended as an associate minister for six parishes in Angus presbytery in 1997. She later resigned and took her sex discrimination complaint to an employment tribunal.

The tribunal held it had no jurisdiction to hear her case because her employment was not covered by civil law - in effect she was a servant of God, and it was this decision that was later overturned.

Her lawyer, Jamie Baxter, said: "Helen Percy was advised by the Church of Scotland to demit office as a minister as a result of allegations relating to a single sexual encounter which she stated was without her consent.

"Six months of investigations by Angus Presbytery…concluded…when her statement that this 'single sexual encounter' was 'without her consent' was minuted, and not disputed."

"The presbytery thereafter provided a press release on the basis of the minutes, but deleted the reference to the sexual encounter having taken place without her consent.

"As a consequence of that omission, Miss Percy lodged a complaint of unfair dismissal and discrimination with the civil courts."

A spokesman for the Church confirmed a settlement had been made but would answer no further questions on the subject.

A former minister who quit after claiming she was sexually assaulted by a married Church of Scotland elder has won an undisclosed out-of-court settlement after threatening to sue for discrimination.

Helen Percy, branded a witch by some parishioners during the bitter, nine-year saga, is now considering applying to be readmitted to the clergy.

She is also now planning to write a book about her experiences and claims members of her former presbytery in Angus are angry she has been kept out of the ministry for so long.

Ms Percy said yesterday: "My ministry is very important to me and I am surprised how important it still is after all these years. I do not think I am a different person essentially than before this began.

"I think perhaps I have more empathy with people. I suppose I would say that one of the disappointments in this outcome is that it had to be through the civil courts when I don't think that is how Christ would have dealt with it.

"I think that some way of reconciling people would have been preferable and far more healing."

Last year, five Law Lords awarded the unmarried 40-year-old the right to claim compensation for sex discrimination in a unique ruling.

They ruled Ms Percy could claim against the Church at an employment tribunal, despite arguments that she had no contract because her job was of a spiritual nature.

A decade ago Ms Percy, a former chaplain at Noranside Prison near Forfar, claimed Sandy Nicholl assaulted her while they were engaged in a close emotional relationship. An investigation took place but no charges were brought.

Yesterday she said: "I trusted him and had experience of sexual abuse as a child which certainly affected the way I reacted to an approach from a man who was 20 years my senior and whom I trusted. I don't think my reaction was any different to most women put in that kind of situation."

Ms Percy, who has been working with rape crisis centres in Africa, was suspended as an associate minister for six parishes in Angus presbytery in 1997. She later resigned and took her sex discrimination complaint to an employment tribunal.

The tribunal held it had no jurisdiction to hear her case because her employment was not covered by civil law - in effect she was a servant of God, and it was this decision that was later overturned.

Her lawyer, Jamie Baxter, said: "Helen Percy was advised by the Church of Scotland to demit office as a minister as a result of allegations relating to a single sexual encounter which she stated was without her consent.

"Six months of investigations by Angus Presbytery…concluded…when her statement that this 'single sexual encounter' was 'without her consent' was minuted, and not disputed."

"The presbytery thereafter provided a press release on the basis of the minutes, but deleted the reference to the sexual encounter having taken place without her consent.

"As a consequence of that omission, Miss Percy lodged a complaint of unfair dismissal and discrimination with the civil courts."

A spokesman for the Church confirmed a settlement had been made but would answer no further questions on the subject.

A former minister who quit after claiming she was sexually assaulted by a married Church of Scotland elder has won an undisclosed out-of-court settlement after threatening to sue for discrimination.

Helen Percy, branded a witch by some parishioners during the bitter, nine-year saga, is now considering applying to be readmitted to the clergy.

She is also now planning to write a book about her experiences and claims members of her former presbytery in Angus are angry she has been kept out of the ministry for so long.

Ms Percy said yesterday: "My ministry is very important to me and I am surprised how important it still is after all these years. I do not think I am a different person essentially than before this began.

"I think perhaps I have more empathy with people. I suppose I would say that one of the disappointments in this outcome is that it had to be through the civil courts when I don't think that is how Christ would have dealt with it.

"I think that some way of reconciling people would have been preferable and far more healing."

Last year, five Law Lords awarded the unmarried 40-year-old the right to claim compensation for sex discrimination in a unique ruling.

They ruled Ms Percy could claim against the Church at an employment tribunal, despite arguments that she had no contract because her job was of a spiritual nature.

A decade ago Ms Percy, a former chaplain at Noranside Prison near Forfar, claimed Sandy Nicholl assaulted her while they were engaged in a close emotional relationship. An investigation took place but no charges were brought.

Yesterday she said: "I trusted him and had experience of sexual abuse as a child which certainly affected the way I reacted to an approach from a man who was 20 years my senior and whom I trusted. I don't think my reaction was any different to most women put in that kind of situation."

Ms Percy, who has been working with rape crisis centres in Africa, was suspended as an associate minister for six parishes in Angus presbytery in 1997. She later resigned and took her sex discrimination complaint to an employment tribunal.

The tribunal held it had no jurisdiction to hear her case because her employment was not covered by civil law - in effect she was a servant of God, and it was this decision that was later overturned.

Her lawyer, Jamie Baxter, said: "Helen Percy was advised by the Church of Scotland to demit office as a minister as a result of allegations relating to a single sexual encounter which she stated was without her consent.

"Six months of investigations by Angus Presbytery…concluded…when her statement that this 'single sexual encounter' was 'without her consent' was minuted, and not disputed."

"The presbytery thereafter provided a press release on the basis of the minutes, but deleted the reference to the sexual encounter having taken place without her consent.

"As a consequence of that omission, Miss Percy lodged a complaint of unfair dismissal and discrimination with the civil courts."

A spokesman for the Church confirmed a settlement had been made but would answer no further questions on the subject.

A former minister who quit after claiming she was sexually assaulted by a married Church of Scotland elder has won an undisclosed out-of-court settlement after threatening to sue for discrimination.

Helen Percy, branded a witch by some parishioners during the bitter, nine-year saga, is now considering applying to be readmitted to the clergy.

She is also now planning to write a book about her experiences and claims members of her former presbytery in Angus are angry she has been kept out of the ministry for so long.

Ms Percy said yesterday: "My ministry is very important to me and I am surprised how important it still is after all these years. I do not think I am a different person essentially than before this began.

"I think perhaps I have more empathy with people. I suppose I would say that one of the disappointments in this outcome is that it had to be through the civil courts when I don't think that is how Christ would have dealt with it.

"I think that some way of reconciling people would have been preferable and far more healing."

Last year, five Law Lords awarded the unmarried 40-year-old the right to claim compensation for sex discrimination in a unique ruling.

They ruled Ms Percy could claim against the Church at an employment tribunal, despite arguments that she had no contract because her job was of a spiritual nature.

A decade ago Ms Percy, a former chaplain at Noranside Prison near Forfar, claimed Sandy Nicholl assaulted her while they were engaged in a close emotional relationship. An investigation took place but no charges were brought.

Yesterday she said: "I trusted him and had experience of sexual abuse as a child which certainly affected the way I reacted to an approach from a man who was 20 years my senior and whom I trusted. I don't think my reaction was any different to most women put in that kind of situation."

Ms Percy, who has been working with rape crisis centres in Africa, was suspended as an associate minister for six parishes in Angus presbytery in 1997. She later resigned and took her sex discrimination complaint to an employment tribunal.

The tribunal held it had no jurisdiction to hear her case because her employment was not covered by civil law - in effect she was a servant of God, and it was this decision that was later overturned.

Her lawyer, Jamie Baxter, said: "Helen Percy was advised by the Church of Scotland to demit office as a minister as a result of allegations relating to a single sexual encounter which she stated was without her consent.

"Six months of investigations by Angus Presbytery…concluded…when her statement that this 'single sexual encounter' was 'without her consent' was minuted, and not disputed."

"The presbytery thereafter provided a press release on the basis of the minutes, but deleted the reference to the sexual encounter having taken place without her consent.

"As a consequence of that omission, Miss Percy lodged a complaint of unfair dismissal and discrimination with the civil courts."

A spokesman for the Church confirmed a settlement had been made but would answer no further questions on the subject.

A former minister who quit after claiming she was sexually assaulted by a married Church of Scotland elder has won an undisclosed out-of-court settlement after threatening to sue for discrimination.

Helen Percy, branded a witch by some parishioners during the bitter, nine-year saga, is now considering applying to be readmitted to the clergy.

She is also now planning to write a book about her experiences and claims members of her former presbytery in Angus are angry she has been kept out of the ministry for so long.

Ms Percy said yesterday: "My ministry is very important to me and I am surprised how important it still is after all these years. I do not think I am a different person essentially than before this began.

"I think perhaps I have more empathy with people. I suppose I would say that one of the disappointments in this outcome is that it had to be through the civil courts when I don't think that is how Christ would have dealt with it.

"I think that some way of reconciling people would have been preferable and far more healing."

Last year, five Law Lords awarded the unmarried 40-year-old the right to claim compensation for sex discrimination in a unique ruling.

They ruled Ms Percy could claim against the Church at an employment tribunal, despite arguments that she had no contract because her job was of a spiritual nature.

A decade ago Ms Percy, a former chaplain at Noranside Prison near Forfar, claimed Sandy Nicholl assaulted her while they were engaged in a close emotional relationship. An investigation took place but no charges were brought.

Yesterday she said: "I trusted him and had experience of sexual abuse as a child which certainly affected the way I reacted to an approach from a man who was 20 years my senior and whom I trusted. I don't think my reaction was any different to most women put in that kind of situation."

Ms Percy, who has been working with rape crisis centres in Africa, was suspended as an associate minister for six parishes in Angus presbytery in 1997. She later resigned and took her sex discrimination complaint to an employment tribunal.

The tribunal held it had no jurisdiction to hear her case because her employment was not covered by civil law - in effect she was a servant of God, and it was this decision that was later overturned.

Her lawyer, Jamie Baxter, said: "Helen Percy was advised by the Church of Scotland to demit office as a minister as a result of allegations relating to a single sexual encounter which she stated was without her consent.

"Six months of investigations by Angus Presbytery…concluded…when her statement that this 'single sexual encounter' was 'without her consent' was minuted, and not disputed."

"The presbytery thereafter provided a press release on the basis of the minutes, but deleted the reference to the sexual encounter having taken place without her consent.

"As a consequence of that omission, Miss Percy lodged a complaint of unfair dismissal and discrimination with the civil courts."

A spokesman for the Church confirmed a settlement had been made but would answer no further questions on the subject.

 
 

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