Is it right for the Catholic Church to hide behind the law to defend itself from allegations of sexual abuse committed by members of the clergy?

I ask this question because of what I consider to be conflicting behaviour on the part of the Catholic Church. The Pope this year has expressed his sorrow at the hurt caused be sexual abuse committed by priests, but in practice this is not reflected in my experience in the Church’s attitude towards victims. Indeed claims for compensation are resisted and every legal tactic applied in an attempt to successfully defeat them.

This contradiction in attitude and approach is highlighted in the case of Anthony Jones which is reported in The Age (13th August 2008):

Sydney’s catholic Archbishop Cardinal George Pell, it was reported had apologised to the man at the centre of the sex abuse scandal that hit the headlines during the Pope’s attendance at July’s World Youth Day.

“But Dr Pell” the article went on to say “Had apologised only for badly drafting a 2003 letter in which he said Anthony Jones’ claims of sexual assault at the hands of Father Terence Goodall could not be substantiated.

He did not apologise for dismissing Mr Jones’ claims or for subsequently suggesting the attack could have been consensual, despite revelations Father Goodall had admitted forcing himself on Mr Jones.

‘I do apologise to you for my (2003) letter … which was poorly drafted and, I regret, open to interpretations which I did not intend,’ Dr Pell said to Mr Jones in a letter that arrived yesterday. Dr Pell also offered to meet Mr Jones and promised a formal response to his complaint against the church within weeks.

The report goes on to say, however, that “Mr Jones was scathing about Dr Pell’s apology, saying: ‘I expected an apology (in which he admitted) he got the whole thing wrong. Until that happens, there will be no peace.’”

He accused Dr Pell of being aware since 2005 of Father Goodall’s admission the attack was not consensual, “so his apology is not genuine”. Dr Pell was forced to re-examine Mr Jones’ case following a series of revelations on the ABC’s Lateline in the lead-up to last month’s World Youth Day festival.

Lateline revealed Dr Pell had falsely told Mr Jones that there had been no other complaints made about Father Goodall and that his allegations could not be substantiated. In fact, there had been other complaints and a church investigator had concluded Mr Jones’ claims could be upheld.

Dr Pell also appeared to dismiss victims’ demands the church overhaul the way it deals with sex abuse claims in the courts, chiefly by identifying an entity against which claims can be made rather than refusing to nominate a responsible body.

‘We’ve looked at these issues and we have the same rights as other citizens and will continue to exercise them legally and well,’ he said. ”

For the full report go to: www.theage.com.au/

In my opinion it is morally wrong for the Catholic Church ( and any other religion come to that) to hide behind legal argument in an attempt to avoid having to pay out compensation to the victims of abuse. The victims were and are invariably vulnberable and consequently at risk to perpetrators of abuse, who gained acess purely through the auspices of their church.

I have cases where the Catholic Church has shown no sympathy let alone any interest in the welfare of my clients who have alleged that they have been abused by clergy, and so I find it very hard to reconcile the Pope’s words with what I experience on a daily basis. “No” is my answer to the question I posed at the beginning of this article.

The comments are of course my own.

Alan Collins

02392492472

 Press release issued 29th July 2008 by Alan Collins of Dyer Burdett & Co.

Over the last two years former residents of the Children’s Cottage Homes at Cosham, and other children who were in the care of Portsmouth Corporation in the 1950’s and 60’s who alleged that they were abused have campaigned for justice. They have now received undisclosed damages following negotiations between their solicitor Alan Collins a director and solicitor-advocate with Dyer Burdett & Co and the Portsmouth City Council. Alan said that “The victims were not going to lie down and go away. Some staged protests and even started up a victims’ justice group. In cases such as this there is often great feeling and emotions can run very high. When victims who have come forward to seek answers or redress for the abuse they suffered to have the door shut in the face by the authority responsible is a terrible thing, and they say it is like being abused all over again. Victims are often motivated by a sense of justice, and wanting the truth to be heard, which can make for uncomfortable listening at the other end. They are brave to come forward and tell their stories of abuse, bullying, and neglect. Alan also said that the “City Council deserves credit for listening to the victims, and negotiating a settlement. Whilst it is impossible to put right the many wrongs suffered by the victims in their childhood, it is the recognition that matters”. Alan along with his colleague Mark Temple (of Ozannes in St. Helier) are working on the Haut de la Garenne case in Jersey, and he hopes that a similarly successful outcome can be achieved for the many victims of physical and sexual abuse that have come forward seeking their advice and representation. There is a link between the two cases in that a victim who was in the Council’s care was sent she alleges to Haut de la Garenne for a summer holiday only to be abused whilst there. Victims are worldwide, and Alan is busily collating their testimony. Alan can be contacted on 02392 492472

Alan Collins

31.7.08

02392492472

I am investigating allegations of sexual abuse at Little Green School, Compton near Chichester, West Sussex, that occured between 1978 and 1980. If you have any information please contact me in confidence.

Alan Collins

02392492472

BBC Interview with Lenny Harper

It is staggering that Lenny Harper and his colleagues both on Jersey and the mainland have been able to collate so much evidence. This must have been a painstaking task and all those involved in the investigation are to be applauded.It is emerging that from the evidence of the victims who have come forward and from the forensic aspect of the enquiry that Haut de la Garenne was a scene of unparalleled child abuse atrocities. Even if the children whose remains have been found were not the victims of homicide the fact that they were not afforded a Christian burial, let alone any kind of dignity demonstrates as the those who are still alive allege by entering the home “you became a lesser being”.It must surely be the wish of all those who have any interest in ensuring that the full truth emerges fully support the on-going police investigation, and this must mean that all assistance that is required is provided. The victims both those who are no longer with us and those still alive deserve nothing less.

In representing my clients I shall be continuing to observe the investigation with interest.

Alan Collins

I have posed the question in previous blogs: is an apology enough?

I ask the question again in the light of the Pope’s apology for the sexual abuse committed by catholic priests. On the eve of his visit to Australia the Pope is reported as saying the Catholic Church must “Consider what was insufficient in our behaviour and how we can prevent, heal, reconcile”, and that “Being a priest is inconsistent with sexual abuse. This behaviour contradicts holiness”.

Broken Rites the campaign victims’ organisation is saying that an apology is not enough.

In The Australian (14th July 2008) it is reported that Broken Rites spokeswoman Chris MacIsaac said the comments so far represented nothing more than a “continuation of the Catholic Church’s age-old cover-up”.

“It’s really just sounding like a general expression of regret, whereas we want to see the Pope apologise directly to some of the victims, who should be given a chance to speak to him,” Ms MacIsaac said.

“A lot of victims feel abused twice, first as a result of the sex abuse itself, then because of the cover-up, and we think the Pope should address that as well.

“He must also tell his Australian bishops to stop blocking victims’ access to justice in the civil courts.”

The experience of victims I have represented is echoed here. The Catholic Church has fought claims brought against it on the basis that they are “time barred”, relying on law that was enacted when no one had contemplated victims of childhood abuse coming forward and bringing cases. Unsurprisingly such “defences” stick in the gullet being devoid of any sense of justice or recognition of the abuse. I quite understand why in these circumstances an apology is not enough.

For further details of The Australian report see its website: www.theaustralian.news.com.au

Broken Rites have a website at: http://brokenrites.alphalink.com.au/

Alan Collins

023 92492 472

For thse who occasionally visit my blog here is an update, from my perspective, on the Haut de la Garenne case.

The police are still continuing to investigate the allegations of abuse, and it is my hunch that their enquiries will continue for many months. Three men have been charged. Some media reports advised that one of them had pleaded guilty at the first hearing, but no more have been said in that regard.

My own enquiries in conjuction with my colleagues at Ozannes continue.

The Bailiff’s Liberation Day speech (see BBC News website for extract) was widely reported and drew comment on his Haut de la Garenne observations. There are too many victims and too many tragic stories which prevent the genie being put back in to the bottle. If the victims’ accounts are true then there is a great injustice that needs to be put right, and the media coverage has probably done immesurable good to that end.

An interesting Australian oranisation is Broken Rites which helps victims of church-related sexual abuse. The sexual abuse may have occurred in parishes, church schools, church youth clubs or church-affiliated children’s homes. The offenders may be priests, ministers, religious brothers, church-school teachers, lay officials or other church personnel. Broken Rites can advise victims about obtaining justice.Their website will be found at:

I act for a client who says that he was sexually abused by a member of the school staff. If you were a pupil at William Henry Smith school, or worked there in the 1970’s could you please contact me in confidence.

Alan Collins

02392492472

According to a report in the Sydney Morning Herald (27th June 2008) the private psychiatric clinic established by the catholic church in Australia for the treatment and assessment of clergy who admit to being abusers is to close. According to the article, Encompass Australasia who run it claims there is insufficient demand for the clinic’s services.Is this good news in that clergy abuse is on the wane, or is it bad news in that this, in what must be accepted to be, deep seated problem is still not being adequately addressed?For more on this story I suggest you log on to the Herald’s website: www.smh.com.au

Alan Collins

023 92492 472

Foillowing on from the above I see reported in the Australian media (10th July 2008) allegations of a cover-up on the part of the Catholic Church:

The Catholic  Archbishop of Sydney, Cardinal George Pell, has referred rape allegations against  former priest Terence Goodall to an independent panel.

Cardinal Pell has re-opened investigations into Father Goodall after phone taps recorded the convicted priest saying a sexual encounter with his adult victim Anthony Jones was not consensual, as he first claimed.

In 2003, Cardinal George Pell dismissed a sex abuse complaint against Father Goodall, because he gave weight to the priest’s claim the encounter was consensual.

Cardinal Pell dismissed Anthony Jones’ complaint despite Mr Jones’ protestations to the contrary.
However, in 2003 police phone transcripts - played on ABC Television Father Goodall admitted to Mr Jones that the encounter was not consensual.

The reports say Mr Jones, now 54, was sexually abused by Father Goodall in 1982 and informed the church about it 20 years later.

In 2005, Father Goodall was convicted of indecently assaulting Mr Jones after pleading guilty to the charges, but served no time in prison.

Dr Pell has now referred the rape allegations to an independent panel. The Catholic Church said:

“Although the complaints of Mr Anthony Jones have been dealt with by the Church, the criminal court and the civil court, out of consideration for Mr Jones, Cardinal George Pell has formally referred the matters raised this week to an independent consultative panel established under Towards Healing protocols”

“The panel, which is chaired by retired NSW Supreme Court judge Bill Priestley QC, has been asked to advise Cardinal Pell on the options open to him.

“It consists of prominent lay people from the fields of law, business, and psychiatry, as well as a senior priest.”

The panel would report back as soon as possible, the church said.

Cardinal Pell has become embroiled in the Goodall sex abuse scandal just days before Pope Benedict XVI arrives in the country for World Youth Day.

Letters obtained by the ABC and aired on Monday showed Cardinal Pell told Mr Jones that his complaint could not be upheld because the church was not aware of any other complaints against the priest.

But another letter showed Cardinal Pell was aware of a second allegation of sexual abuse against Father Goodall.

It was also revealed that an internal church report found Father Goodall had had sexual encounters with a 16-year-old female, as well as Mr Jones and the other young male complainant.

Cardinal Pell earlier this week said he got his decision wrong and had expressed himself poorly in the letter to Mr Jones.

For more on this report I suggest you visit The Australian’s website: www.theaustralian.news.com.au/

or The Age at: www.theage.com.au/