Hiding Child Abuse 'Should Be a Crime', Victorian Parliamentary Inquiry Finds

By John Ferguson
The Australian
November 13, 2013

http://www.theaustralian.com.au/national-affairs/state-politics/hiding-child-abuse-should-be-a-crime-victorian-parliamentary-inquiry-finds/story-e6frgczx-1226758770538

AUSTRALIA

The Australian

[the report]

THE nation's first major inquiry into religious child sex abuse has recommended a sweeping legislative overhaul to curb future criminality.

The Victorian Parliament inquiry also has slammed the behaviour of the Catholic Church for failure to deal with the decades long problem.

The inquiry has called for the lifting of the statute of limitations on offences to assist victims to pursue justice.

It calls for the introduction of a criminal offence relating to child endangerment and backs a criminal offence of grooming.

The report calls for a law to be introduced calling for a new crime of failing to report a serious indictable offence.

As revealed in The Australian, the report backs an independent body to administer a scheme for dealing with victim claims.

The Victorian government has said it would support moves to make it an offence to groom victims for child sex and endangering minors.

Premier Denis Napthine will also back a new law to make it a crime to conceal abuse.

The government opted today against waiting for the national royal commission into child abuse to hand down its findings.

Instead, it will move to implement a small number of recommendations after a scathing report by a Victorian Parliament committee.

The majority of recommendations will be more closely examined by the government.

Dr Napthine slammed the behaviour of the Catholic Church, which was savaged in the report.

"Leaders of the Catholic Church should hang their heads in shame," he said.

The report accuses the Catholic Church of trivialising the sex abuse problem, contributing to abuse, covering up abuse, failing to hold perpetrators to account and failing to stop the abuse.

A succession of committee members slammed the church.

Nationals MP David O'Brien became emotional when outlining the extent of offending in the church in Western Victoria.

He said the church had failed to deal with the scourge.

"For that the church stands condemned," he said.

The report, tabled in parliament today, comes after months of committee hearings, during which victims and Victoria Police alleged the Catholic Church had concealed child sexual abuse by clergy members.

The church's procedures for sexual abuse complaints - the Melbourne Response and Towards Healing - do not allow for public acknowledgement of wrongdoing, regardless of the circumstances, the report says.

''Only in recent months have senior members of the Catholic Church accepted responsibility for the church's failure to conduct its operations with due regard to the safety of children,'' the report said.

The report recommends an independent statutory body to monitor and oversee the handling of sexual abuse allegations within government, non-government and religious organisations.

Inquiry committee chair Georgie Crozier said children had suffered unimaginable harm.

''We've not only listened but we have heard,'' she told the Legislative Council.

''Children were betrayed by trusted figures in organisations of high standing and suffered unimaginable harm.

''Parents of these children experienced a betrayal beyond comprehension.

''And the community was betrayed by the failure of organisations to protect children in their care.''

The evidence showed children were subject to a pattern of criminal behaviour and parents were groomed to enable access to their children, Ms Crozier said.

Organisations covered up the wrongdoings to protect their reputations and finances, she said.

The report recommends that no time limits should apply to those seeking redress for criminal child abuse that occurred in an organisational setting.

It says organisations that engage with children should be adequately insured and have incorporated legal structures.

These changes would reduce the legal barriers for victims wishing to pursue claims, the report says.

The report also recommends that organisations be held vicariously liable for actions committed by its employees and agents, to ensure organisations take reasonable care to prevent child abuse.

''It should be recognised that non-government organisations are directly liable for harm suffered by children in their care, given that the perpetrator has relied on the reputation and community's trust in the organisation to offend against the child,'' it says.