National compensation scheme for child sex abuse victims the way forward

By Francis Sullivan
Christian Today
May 12, 2014

http://au.christiantoday.com/article/national-compensation-scheme-for-child-sex-abuse-victims-the-way-forward/17336.htm

Over the past two weeks Australians have heard stories from 11 old men who endured the worst physical and sexual abuse as young boys in orphanages and farm schools run by the Christian Brothers in Western Australia from the late 1940s and into the 60s.

Most of the boys, some as young as four, were in care before being shipped off to Australia from homes in England and Malta as part of UK and Australian Government sanctioned child migration schemes. Some were sent without the knowledge of their family.

They came on the promise of a life in Australia they could never hope for in post-war Europe: a warm bed, a full belly, an education. Some were promised land. All were promised a better future. But many got years, sometimes decades, of misery.

What these men told the Royal Commission into child sexual abuse was for many in the hearing room beyond belief; stories of forced labor, of torture, of beatings and rape – experiences no one, anywhere, should ever have to endure.

This abuse took place in dark and intimidating ‘homes’ run at the time by the Christian Brothers that bordered on forced labour camps. Some of the evidence in fact suggested at least two boys died as a result of the abuse.

The boys had no one to turn too. Often the very people they went to for help abused them as well.

Over many years these children were let down by the police they reported to, doctors and nurses who treated their injuries, senior government officials who turned a blind eye. But more than anyone, they were let down by the men who were charged with their care – the Christian Brothers.

How it was that people, part of an organization with a commitment to the teachings of Christ and the values of revolutionary Irish educator, Edmund Rice, could behave in the way they did is one of the many questions being asked by the Commission.

Evidence from current leaders in the Christian Brothers went some way to explaining, not justifying, the behavior.

Issues such as personal and sexual immaturity of Brothers at the time, lack of appropriate training, historic inappropriate screening of candidates wanting to enter religious life, isolation, overcrowding and understaffing all contributed to some sort of explanation for the abuse.

Br Julian McDonald, senior Christian Brothers’ leader in Australia, told the Commission at least two of the institutions where the abuse happened were isolated geographically and all four institutions were socially isolated.

One of the schools, Bindoon, is one and a half hours drive from Perth by today’s standards. At the time, it might as well have been on the moon.

Brother McDonald spoke of the failure of the Brothers to have any training in dealing with children, no training in sexual development and no understanding of boundaries.

Much of the evidence given during the hearing dealt with justice for the survivors of the abuse and the failing of the Brothers to deal fairly and compassionately as each of the men returned years later looking for help.

It was encouraging to hear at the end of the hearing that the Brothers have now invited anyone who feels they have been unjustly treated to have past settlements reviewed and re-considered.

Much of the evidence during the eight-day hearing dealt with a class action brought by survivors against the Brothers. Most agreed that this court action, for a variety of reasons, failed to provide justice and fair compensation for the men.

What is now increasingly clear, with more evidence from every public hearing, is that the Courts are poorly suited for delivering justice for victims of child sexual abuse.

The lack of corroboration, delays in reporting the abuse, the age of some of the accused, finding someone to sue - all contributed to the difficulties survivors face in Court.

Support seems to now be building for an easy to access, national compensation scheme, funded by the Catholic Church and other institutions responsible for abuse. Such a scheme will provide a way forward for survivors.

A national compensation scheme is part of a reform package proposed by the Truth Justice and Healing Council and supported by Catholic leaders.

This would involve a national independent authority investigating and determining compensation, which would be paid by the Church or any other institution responsible for the abuse. Such a scheme will provide just, consistent resolutions for people seeking redress.

The days of the Church investigating itself are over.

I believe this would be the most compassionate way forward and in the best, long-term interest of survivors, many of whom have faced the trauma of litigating their claim in court.

We cannot change what has happened, but we can do our best to ensure survivors are well compensated and given every opportunity to heal and to lead a life of dignity and hope.