By Trevor Wilhelm
The Windsor
April 23, 2011
http://www.windsorstar.com/news/Judge+blasts+diocese+Sylvestre+abuse+coverup/4664044/story.html
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| Charles Sylvestre takes a swipe at a camera in September 2006 after leaving a Chatham courtroom. The disgraced priest was later convicted of 47 counts of indecent assault involving young girls spanning four decades. |
A judge has made history in his ruling against the London diocese for its decades-long "coverup" of sex abuse perpetrated by notorious pedophile priest Charles Sylvestre.
Justice T. David Little said the church deliberately swept Sylvestre's transgressions under the rug, and that "negligence" resulted in the repeated sexual abuse of Kelly Murphy-Myers.
"There was a coverup by the diocese. There was a coverup by the Roman Catholic Church itself. The coverup was for the benefit of the diocese and church and at the expense of the victims," Little, from London, wrote in his decision.
He ordered the diocese to pay Murphy-Myers $610,000 for years of torment inflicted by Sylvestre. Her lawyers said it is the largest payout a Canadian judge has ever awarded a female victim of priest sex abuse.
Murphy-Myers was seven years old when Sylvestre began abusing her in the late 1970s at St. Ursula's parish in Chatham. The abuse lasted until she was 10.
Sylvestre died in 2007 at age 84, only months into a threeyear prison sentence. He was convicted in 2006 of 47 counts of indecent assault involving girls at parishes in Windsor, Sarnia, London, Chatham and Pain Court over four decades. Dozens more victims have since come forward.
At least 77 women have launched lawsuits. At last count, the diocese settled 65 of them out of court. Murphy-Myers' case was the first one to go to trial.
"It wasn't about the money," said Murphy-Myers, 41.
"It was about getting them to see, getting my voice heard and the voices of the victims.
"For every victim that came forward there are 10 others too scared to say anything. So mine is just one voice for the 10 others that can't speak."
Despite her victory, she said it was a "sad" day.
"I'm supposed to be happy today, but I'm really sad because it's unfortunate that it even got to this point," said Murphy-Myers.
"Sad that it even happened to begin with. Sad that it had to go to trial. Just a feeling like the church never really protected me or other victims.
"There were so many victims after me. Hopefully this case, how it ended, will help them as well."
Her lawyer said the judgment will set a precedent.
"This is an important case for survivors of abuse across the country, moving forward," said Aaron Lealess, with the London firm Ledroit Beckett.
"This case is the highest judgment award for a victim of sexual abuse by a Roman Catholic priest."
Rob Talach, also a lawyer with Ledroit Beckett, said the judge sent an important message.
"We think it's very significant, especially for an institution like the church that says 'we're a moral authority,' to be told by a judge of our court you were negligent, you engaged in coverup, you knew about this guy and did nothing and you did all of this because you were putting yourself ahead of children and parishioners," he said.
Little said the sexual assaults that church officials tried to hide were blatant and severe.
"They did involve digital penetration, Sylvestre's ejaculation and penis exposure, all with a very young girl," he wrote.
"The abuse was flagrant. It occurred occasionally in public, in front of others, both in the schoolroom and in the schoolyard. It was repeated frequently. It has had a long term, serious effect on the plaintiff."
Little said Sylvestre was "simply moved" when someone complained.
"The hierarchy of the diocese had to know about Sylvestre's propensities and was negligent in taking no, or inadequate steps, before appointing him pastor at St. Ursula's in Chatham in 1968," he wrote.
"Such negligence resulted in the damages sustained by the plaintiff."
Little pointed out several incidents where the diocese was notified of Sylvestre's crimes and covered it up.
In 1951 a victim in Hamilton told a priest, who the judge referred to as Fr. Murphy, that Sylvestre sexually assaulted her.
Murphy said "don't tell anyone. I'll take care of it."
Sylvestre was then returned to the diocese.
"It would stretch one's imagination to believe that the diocese was not aware of this complaint," Little wrote.
He noted another victim, a student at Sacred Heart in Windsor, who Sylvestre sexually assaulted during the 1953-54 school year. That girl told a Msgr. Dillon about it. He also said he'd "take care of it." Sylvestre was moved to LaSalle.
Little also mentioned two victims who were sexually assaulted at St. Thomas Aquinas parish in Sarnia in 1962. They told police. Sylvestre was immediately removed from the parish and sent for "treatment" north of Montreal.
"Thereby avoiding arrest," Little noted.
Contact: twilhelm@windsorstar.com
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