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Local Man Suing United Church for $2.1 Million By Erica Bajer Daily News December 1, 2010 http://www.chathamdailynews.ca/ArticleDisplay.aspx?e=2869207 A 48-year-old North Kent man is suing the United Church of Canada for $2.1 million, claiming it didn't protect him from an alleged sexual predator. The man, who can't be named due to a publication ban issued in criminal court, claims he was molested for eight years by the late Rev. Robert Duthie. Duthie — who ministered at Victoria Avenue United Church in Chatham for about a decade starting in 1971 — was acquitted of sexual abuse charges against the man following a Superior Court trial in late 2008. However, the man maintains Duthie's guilt. "He introduced me to sex at the age of 11," the man said, adding the abuse continued until he was 19. "He ruined my life." The man — who shared his story of abuse under the pseudonym Jim in Tom Wilken's book Rebuilding Your House of Self-Respect: Men recovering in group from childhood sexual abuse — said he came forward about the molestation to the church years before he contacted police. He underwent prayer counselling and eventually joined Wilken's therapy group. He continues to attend counselling and said Duthie's alleged abuse, which included sexual touching and oral sex, has defined his life and tainted all of his relationships, including those with his children. "He has taken away something I can never get back," the man said. He said taking legal action is his way "to prove to the congregation who Duthie really was." Alan Hall, executive officer of human resources for the United Church of Canada, said the recently filed lawsuit is being investigated. "At this point we are consulting legal counsel and reviewing the transcript of the criminal proceedings," he said. He said until the church has all the facts, it isn't taking a position on the lawsuit. "The allegation is the church has been negligent in its oversight on the minister in question," Hall said, adding the church's role in the case is also being looked at. He said the United Church of Canada has a zero-tolerance policy for sexual abuse and noted its sexual abuse policy, in place since 1992, is constantly being reviewed and updated. "We take complaints very seriously and deal with them in the spirit of compassion and justice," Hall said. "Any allegation of sexual abuse cuts to the very heart of what the church is all about — honourable, trusting relationships." Repeated calls to Duthie's daughter weren't returned. Duthie's accuser has passed a polygraph test, taken on Dec. 9, 2009, said Rob Talach, of Ledroit Beckett Litigation Lawyers. He said while the lie detector results aren't admissible in court, they prove the man is not being deceptive. Talach said Duthie's death in May didn't stop the lawsuit but has created some challenges for the case. He would have liked to question Duthie about the allegations. He said the law firm is doing an extensive background investigation of the accused minister and he believes there are more victims. An acquittal in criminal court does not mean Duthie is innocent, Talach said. "The public always think an acquittal at a criminal trial proves it didn't happen," he said. "Not guilty doesn't equate to innocent." He said sexual abuse, especially in historic cases, is difficult to prove beyond a reasonable doubt, the criminal court's high threshold. However, he said there is a different standard to meet in civil litigation. "The only reason he (the accuser) is really litigating now is because he didn't find justice in the criminal court," Talach said. The man said the lawsuit isn't about the money. "No amount of money in the world is going to change what he did," the man said. "No amount of money is going to wipe my memories." Contact: ebajer@chathamdailynews.ca |
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