By George Conger
Religious Intelligence
January 24, 2009
http://www.religiousintelligence.co.uk/news/?NewsID=3695
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| Archbishop Phillip Aspinall |
Laws that block victims of childhood sexual abuse from bringing their claims to court after they turn 21 are “harsh and inequitable” the Primate of Australia, Archbishop Phillip Aspinall of Brisbane has charged.
Copies of correspondence between Dr Aspinall and the Queensland government obtained by the Weekend Australian, show the Anglican leader has sought for several years to overturn the law of laches, or “time defence” in sexual abuse cases. Under Australian law a claim of abuse incurred as a child must be made before the victim turns 21, otherwise it can be barred by the doctrine of laches --- the failure to assert a claim in a timely manner.
The Australian Church’s insurance companies have relied upon the “time defence” rule in fighting claims of compensation for abuse suffered by children at the hands of pedophiles employed by the church. Churches were bound by contract with their insurance companies to use the time defence rule in contesting abuse claims, Dr Aspinall noted. However, a change in the law would now guarantee abuse victims their right to a day in court, he said.
In a statement released last week, Dr Aspinall said the “limitation periods [were] harsh and inequitable".
He added that the “rights of child sexual abuse victims should not be undermined” because they had not acted in a timely manner. "It can take victims many years before they confront the abuse that has happened to them and seek healing and justice.”
"Insurers usually instruct their lawyers to use the statute of limitations in defence," Dr Aspinall said, even if “this is directly contrary to the expressed wishes of the church. However, in order for our insurance policies to apply, and for abuse victims to be compensated through them, we need to comply with the legal provisions of insurance contracts. Achieving a change in the law would address this issue and provide better opportunity for victims to secure redress,” he said.
The Queensland government has declined to act upon the Archbishop’s plea --- which has drawn the backing of the Roman Catholic and Uniting Churches. However, opposition leaders have pledged to take up the reforms if they return to power in next year’s elections.
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