Clergy Victims Need Justice Now, by Judy Courtin, WA Today, October 13, 2011

Clergy Victims Need Justice Now

By Judy Courtin
WA Today
October 13, 2011

http://www.watoday.com.au/opinion/society-and-culture/clergy-victims-need-justice-now-20111013-1lmzy.html

Illustration: Andrew Dyson.

To prevent further harm, there must be an independent inquiry into sexual assault and the Catholic Church.

THE state government's decision last week to put on hold a public inquiry into sexual abuse in the Catholic Church is unconscionable and carries a serious risk of further suicides by victims of clergy sexual assault.

A Ballarat detective discovered the names of some 26 Victorian men who committed suicide in the years following sexual abuse by one or both of the notorious paedophiles Brother Robert Best and Father Gerald Ridsdale. Details of these suicides were included in a background research paper I wrote, and which was presented to Attorney-General Robert Clark in August as part of a submission requesting that the government hold an independent inquiry into the church. Clark told the ABC he was ''taking these issues very seriously''.

After publicity about these suicides, family members of more victims came forward about a loved one committing suicide after being abused. This brings the above number to 35. These families remain burdened with grief and unanswered questions and by decades of cover-up and denial by the church. But clergy abuse-related suicides have not necessarily ended. Many impact statements from other victims of Best revealed ongoing suicidal thoughts and tendencies. And the above number refers to victims of just two clergy.

The church continues to sit on its hands and the state government, which has full knowledge of these facts, is employing delaying tactics. The Attorney-General, it seems, is not taking these issues very seriously at all.

The details of all the young men who have committed suicide must be immediately handed over to the State Coroner. A primary purpose of the Coroner's Act is to reduce the number of preventable deaths in Victoria. Further deaths by suicide of victims of Catholic clergy abuse are preventable.

The Coroner's Office already has files on these cases and the Coroner has the power to set aside some, or all, of the earlier findings and to reopen these investigations if she is satisfied that there are new facts and circumstances, and that it is appropriate to do so. The Coroner also has broad powers to subpoena documents and witnesses, to make findings and to offer recommendations.

There are other reasons why an independent inquiry into sexual assault and the Catholic Church is non-negotiable. Against this disturbing backdrop of suicides, sits an Australian legal system that imperiously protects the church and its paedophiles, while eroding justice and respect for victims.

Attempts to obtain compensation for victims of clergy are thwarted by significant legal impediments. There is no legal entity for the church, including religious orders such as the Christian Brothers, that can be sued for historical sex offences.

Those legal entities that exist are property trusts established in legislation in each state and territory. In a 2007 case it was successfully argued by the church that the Sydney Archdiocese Property Trust was set up to buy and manage property and financial matters and was not responsible for the behaviour of its priests. This means that, for example, the legal teams for victims of Robert Best face uphill battles by being deprived of the requisite ''litigation string'' to their legal bow.

Victims must rely on the good faith of the very organisation that protected Best and spent in excess of $1 million defending him before he pleaded guilty to some of his crimes. The Catholic Church, including the Christian Brothers, lurks behind its beatific corporate veil, immune from litigation in these types of historical sex cases. It was argued before the High Court that, "such an immunity would be an outrage to any reasonable sense of justice".

The other Australian legal position scuppering victims' attempts to seek justice is that an employer (school authority) cannot be held vicariously liable for a teacher's sexual assaults. This conservative position contrasts with Canada and Britain, where employers can be held liable for these crimes. With the civil courts presenting such unyielding barriers, the victim can turn to the church's internal processes, Towards Healing, a national process, and the Melbourne Response, which considers Melbourne Archdiocese cases.

Some argue these church processes have much to offer when the courts offer so little. The flipside is they fortify the cover-up of, and contain fallout from, paedophilia in the church. The process and decisions are ''privatised''. The church is not accountable to any civil authority in relation to these protocols and there is no external review process. Re-abuse and re-traumatisation are common.

Government action is imperative. Ongoing inaction increases the risk of further suicides and augments the deep-rooted injustices present in our legal system.

There must be a review and repeal or amendment of the Property Trust Acts so that the Catholic Church can be sued for historical sex abuse cases. All documentation held by the church and relating to alleged or convicted offenders should be immediately released to the police, where this evidence belongs. Mandatory reporting of clergy sex crimes should also apply to Catholic clergy and employees. Victoria must follow the lead of Ireland and set up an independent state-run redress board that provides compensation and delivers services to victims, for which the church should be financially responsible.

Governments must stop being beholden to the wealthy and powerful church. The injustices are grave. Immediate action is paramount.

Judy Courtin is a PhD candidate in the law faculty at Monash University. jcourtin@netspace.net.au