The emphases in Church abuse cases seems to centre around the Catholic Church. Sexual abuse is not only carried out by some Catholic priests but by some ministers of all Denominations. Why is the Ho Har solely centred on Catholic priests?

These homosexual predators seek anywhere they can prey on children, kids sporting clubs, schools, cubs & scouts as well as bible study groups. Why don't they get as much attention?

I don't think the organization should be held responsible for the assault initially. I do think the organisation can be held responsible for not acting on the complaint immediately and if they have tried to cover the complaint up.

Frank Brennan is overly generous in his assessment of the Catholic Church's 'Towards Healing' protocol as a 'path to compassion, care and justice'.

'Towards Healing' is preferred by the Church because it is cheaper for them, produces minimal adverse publicity, secretly releases them from legal action (or tries to) and allows them to pick off individual complainants rather than deal with groups of victims.

The Church hates cases like the current Marist College case in Canberra where more than 30 former students have decided to sue dozens of individual teachers for pedophilia. The boys' claims are admitted by the Church but will be contested in court by the Church.

The Marists may use a legal loophole to escape liability for this alleged (but conceded) sexual abuse. A NSW Court of Appeal decision known as the Ellis case may be their salvation. In that case, the Church, in the name of Archbishop Pell, was successful in obtaining a judgment that priests were not agents of the Church and therefore it could not be sued for their actions.

Another legal impediment argued by the Church is the statute of limitations which allows liability to be waived if the abuse is too old in legal terms. Legal delays therefore are also part of the defence armoury.

There are plenty of victims who see 'Towards Healing' as a none-too-subtle sham to dodge legal liability for acts of sexual abuse by Church agents.
http://www.theaustralian.news.com.au/story/0,25197,23934555-12339,00.html
http://www.theaustralian.news.com.au/story/0,25197,23933517-28737,00.html

Brennan is right when he says: 'The Church should not give any appearance of hiding behind the corporate veil'. But look at what they do.

I am pleased that Brennan concludes that the 'Towards Healing' protocol is not a substitute for criminal prosecution of sex abusers or a cheap alternative to civil liability for damages.

But whether it is, as he claims, 'a procedure available by choice to victims in addition to criminal prosecution of perpetrators or pursuit of civil damages for negligence by church authorities' is a moot point when so much pressure is brought to bear on victims to waive their right to take legal action.

Jayb “Sexual abuse is not only carried out by some Catholic priests but by some ministers of all Denominations. Why is the Ho Har solely centred on Catholic priests?”

Why not?

The despicable acts of non-catholics in no way excuses or diminishes the despicable acts of Roman Catholic priests.

For instance, Hollingworth, in his cover-up in Anglican circles lost his role as Governor General.

I believe every organisation is susceptible to infiltration by corrupt people.

A strong organization, secure in its values and beliefs, can admit publically when it has discovered corruption and what it has done to excise it.

A weak organization or organization lead by weak individuals, deals with problems, including corruption, behind closed doors hidden from public scrutiny and forment a cover up, the cowardly way.

Where a weak organization or weakly lead organization covers-up the corruption of its officers, it takes on responsibility for that corruption and deserves the wrath and abandonment of the public for its deceit and endangerment.

Strong organizations, founded in ethics survive. Weak ones, lacking in ethic, die.

I just wonder how much longer will any of these church organizations survive?

"Father Chris Riley went so far as to label it “a joke”, with the perpetrators being the only winners.

I beg to differ. Towards Healing, established in 1996 and revised in 2000, is continually reviewed."

And it is reviewed based on what exactly? The bad experiences of those who have been strong enough to force change by punching through the obfuscation, jumping over the hurdles and seeing through the false spin, of course.

What the glib comments of Brennan overlook is that many victims don't make it to the other side and the ones who do often get put through the wringer in the process. Compassion to victims - give me a break! It's not that the Church is without compassion, it's just that they normally are nice/compassionate to the people who are most like they are and who least need it. This fact then gets extrapolated to make it sound like they help all victims.

Dig a bit deeper below the surface, Frank.

I wasn't excusing the Catholic Church. I just find that if someone mentions sexual abuse in churches everybody looks directly at the Catholic church. A miriad of other denominations, such as, the Southern Baptists, are just as guilty of these crimes.

As I have said it is the individual that carries out the crime which is then expounded by the organisation.

Blame the individual for the crime. Blame the organisation for the coverup. But lets not just focus on ONE organisation. The focus needs to shift to ALL these organisations and their dereliction of duty & care.

The way it is now the focus is solely on the Catholic Church alone and these other organisations are getting away scott free.

It's just a little bit... smug, is it not?

The entire tenor of this article appears to be "don't try suing the church, they've got all the angles covered".

"There are many hurdles for a victim wanting to sue anyone but the criminal perpetrator...."

"A victim faces one additional hurdle when suing for abuse by a priest or other church personnel...."

But this one's the doozy:

"the New South Wales Court of Appeal clarified that in the case of the Catholic Church, there was no point in trying to sue the “Trustees of the Roman Catholic Church”, the statutory trust corporation that holds title to all the church lands of a diocese. That corporation may hold the assets but it does not supervise, employ or oversee clergy or other church workers...."

They appear to have engineered a situation where the body that supervises has no assets, and the body with the assets does no supervision.

Neat.

But the article's title is spot on: the Church's abuse protocol is no joke.

Unless you happen to be one of the abused, of course, then you will hear them laughing.

There have always been many excellent catholic priests.

And there has always some (nobody knows how many) catholic clergy who have been sexually abusing children and others for centuries.

And abusing their power altogether. Such being the nature of power, especially when it masquerades behind the mask of "holiness".

Such abuse is/was the INEVITABLE outcome or product of the sex and body negative emotional-sexual script that (mis)-informs the mind that is at the root or base of the puritannical sex-paranoid mind-set that insists on compulsory celibacy.

What is merely repressed, rather than understood and transcended via the exercise of discriminative intelligence, always resurfaces in all sorts of odd and bizarre ways.

I have yet to meet anyone who attended a catholic school in the 50's, 60's,and 70's who did not know of some very bent catholic "brothers" and "sisters".

And the exercise of "priestly" power (priests as "icons" of Christ---and therefore inherently good and trustworthy) offers ample opportunities to act out the return of the repressed.

Meanwhile all priests should be subject to the full weight of the criminal law---just like everybody else.

And those thus convicted should be instantaneously excommunicated---no exceptions.

There was a recent catholic edict that those assisting the ordination of women as priests should be automatically excommunicated.

Which is the greater crime?

JayB. Do you have evidence that the perpetrators are homosexual, as the greatest majority of child abuse occurs in the home environment.

The perpetrators being either a family member, relative or persons known to the family.

>>The entire tenor of this article appears to be "don't try suing the church, they've got all the angles covered".<<

I agree, Pericles.

Fortunately, in true yin-yang style, there are at least four views on this thread, all coming from completely different angles, that very well argue how the Church is wrong.

The culpability of the Church lies in its refusal to recognise that forcing men into avowals of chastity just drives their sexual impulses away from open heterosexual relationships and into secretive channels that are easy to cover up via the complicit abuse of power. The real nature of most priests was widely known and publicly acknowledged as long ago as the time of Geoffrey Chaucer and Piers Plowman, but for centuries the Church has persistently closed its eyes and used its power and authority to bully and silence its victims.

Fortunately, the number of young men who are willing and able to be indoctrinated by the Church is dwindling, and in a few years the authorities will have to face the consequences of maintaining medieval attitudes in a modern society.

It can't come a day too soon.

Thank you Father Brennan for writing this article. It is refreshing to get the facts, and to hear the opinion on the legal aspects of this sad affair, from a person properly informed and qualified, in spite of the predictable reactions by people who either have been themselves hurt, or just need to use any occasion to air their anti-Catholic, anti-Christian or anti-religion hang-ups.

A simple examination of the numbers determines that abusers in the Catholic Church outnumber in all areas abusers in other religions. It is an undeniable fact that there is no identifiable entity on the planet with the proportion of sexually abusive pedarist priests than what is found in the Catholic Church. There is no wider spread set of pedarist priests than those found within the priesthood of the Catholic Church with substantiated allegations of sexual abuse in more than 90 countries with allegations of sexual abuses coming from more than 170 countries.

After my own 6 year experience in dealing with the Churchs "Healing" processes my advice is to look elsewhere - there is no compassion or healing available through such out of touch, insensitive and legalistic structures.

When are non-christian pedophiles going to apologise to their victims?

Gratifying? Heartfelt? You beg to differ?

Frank(ly) you make me sick Mr Brennan. Have you ever been bent over a bed by a stronger human being and raped? And worse. Until you have shut your mouth and pray for forgiveness for you ignorance.

The only reason there is any attempt at an apology is to try and avoid spending money. There's no compassion, no empathy, no moral outrage. Nothing but concern for the coffers.

There's only one way you and people like the Pope can understand what those children went through. That is to suffer the same.

To wait years and deny, deny, deny as well as bully the victims through fake processes is the Catholic Church to a T. A fraud.

Others say it happens in other churches. No kidding!

It's probably happening around the corner from you right now mate.

The point here is the pompous, ignorant, pretentious and pious ignorance displayed. These people are given a trust unlike any other. Confession of the person's most intimate scerets. Abused.

I'd suggest the entire leadership of the Catholic church is right now hiding any number of similar cases.

Solution for them? Harking back to this Pope's youth where he served Hitler, the final solution is my choice for them. Stick them in an enclosed space and eliminate them.

Harsh? If thy Pope offend thee, pluck it out.

Kipp. JayB. "Do you have evidence that the perpetrators are homosexual"

The subject is Church abuse protocol. Er... Priests abusing boys. Homosexuals? Dur...

"as the greatest majority of child abuse occurs in the home environment."

We all know that. But that usually involves daughters... Hetrosexual. Here we are talking about PRIESTS.

What I am saying is that the same type of sexual predator is also found to be a coach at, Childrens sporting clubs, Cubs & Scouts & Other Protestant Demominations, etc. These are are not given the attention that Catholic Priests are given. These predators are usually just spoken to by the committees and then moved on. Usually to some other venue. They are Homosexuals Kipp.

The issue is long past where pedophiles may be found and the failures of all religions and of our governments. I personally get left cold when I see endless argument/discussion of who, where, why and denials from a to z. The fact is these events have occurred and I feel it is time to move the discussion on to what should be done to rectify the problems and to bring about a best possible conclusion for those abused. These discussions of who did or did not do what are to each individual abused a seemingly disingenuous way of avoiding committing to actually helping to make reparations and to become active bringing in professional programs into the churches. As one survivor described to me how he felt when dealing with the current Catholic process. "it felt like I had been in a really bad car accident because I knew I was really badly hurt". "and all they wanted to do was to find the car driver", "no-one seemed to care about me". He still feels that way today.

It really does not matter if the victim's bishop at the time the offence occurred has been replaced by another bishop or another supervisory agent, the Church is still accountable.Surely it cannot use evasion as a tactic to evade the law. Are you seriously suggesting,anyone out there, that is all that is required for victims to have no substantive claims to justice? All that fancy footwork and the Church is safe?
Cardinals and Bishops in the USA were notorious for merely sending the predators off to another parish and considering the whole matter CLOSED.Look at the number of parishes that have been closed down as huge damages have been paid out because the law there wouldnt consider fancy footwork an escape ritual.Cardinal Law is the supreme example of such evasions.

So now B17 has set all to right has he?
As easy as that?Let's wait for the next rape case.It's only a matter of time.I'll bet these predators are straining at the bit ( and other places!) waiting for us all to forget them. When that happens lets see what the repentant B17 does then.

Neither he nor his army of monsters have any credibility left.

socratease

HoHum
Good post.Spot on!Every line a winner.
So say all of us justice-loving of the flock.
Amen

What can be done?

My suggestions are to undertake this online course from the USA and then get it implemented in your church and schools. Why? Because it puts children first.

http://www.darkness2light.org/prevention/stewards-of-children/onlinetraining.asp or google "darkness to light".

then you could directly assist the victims by visiting http://www.cabaction/ or google "cabaction"

then if you have a particular bent with politicians or newspaper editors or whomever then get them involved in the same way.

Under the circumstance, anyone can understand the sentiments of and outrage of the Abuse, but to continually thrust a typical Ideological abusiveness at the Church really orchestrates the individual porosity of the topic.

It is an utter fabricated and Idiotic argument, only to purvey the infiltration of the Church institutions with the scourge of sexual and Child abuse- Paedophilia; clearly in fact that is not the case;
If your intentions are honourable you will apply the exact argument across the board and apply the same standard of accountability to every single Institution; Including Politicians – The Legal paternity- and every single other Institution; Judges - Solicitors- Barristers QC’s Sac’s etc. And any other Liberal self prophetic institution.

I can not ever recall anyone demanding an apology from Morris Iemma when a certain Minister had been convicted ;
Iemma and fellow cronies were not considered to be accountable;
Kevin Rudd was never considered accountable for the members within the labour party found guilty of exploitation of young underage girls; whom a Local branch president, owning a brothel had been convicted.

Many thousands of cases exist on the public record ; that selective Ideological potency tends not to mention when a free kick can be had.
NO ; just the typical Idiots Cover up ; so now I demand you apply the same standard of pressure and grievances of those who head the Government as you would have the Pope;

After all , it is the safety of our young , and Justice for victims we are after, is it not?

Jayb. You say child abuse peratrators are all homosexual, then that makes for many thousands out there, not!

http://www.malesurvivor.org/myths,html

Father Brennan

Your article gives me the impresion the Church wants to hide behind legalities rather than recognise it has a serious and systemic problem and addres that problem root and crop.

I note with interest your comment:

'Whenever a complaint concerns an alleged crime, the protocol states that “the Church has a strong preference that the allegation be referred to police and, if desired, the complainant will be assisted to do this”.'

I would have thought that this occur as of course, not just be "a strong preference". Such langauge cn be interpreted to imply lack of action or even cover up by Church authorities. Certainly I think that may well be part of the case against the marists in Canberra, since it appears from Canberra Times reports it is alleged the leaders of the school knew of a number of accusations but took no decisive action. The same comments could be nmade in relation to Pell and recent discloures about so called badly worded letters.

If I am advised of a possible crime and I am in a position of authority, indeed perhaps locum in parentis (not sure that is the correct description) must I not report it to police? If not, am I not an accessory after the fact?

The thing that strikes me about all of this is that in two or three or four years time when more cases come to light (all dating from after Benedict's visit and apology) we will continue to get the same apologias from Father Brennan and the like.

Surely the problem is in the very structures and thought processes of the Church. No amount of protocols will addres that. Only once the Church is democratised from below can this systemic abuse have any chance of being addressed. I suspect however that the belief in an exernal agent of salvation and the authority of his human representatives on earth prevents such a rational approac hbeing adopted and so the merry go round of abuse will continue.

Oh! dear darling Kipp. xxx

I said Priests, etc, (Male) were homosexuals. I know, there are lots of females out there that have sexually abused males too. If females have sexually abused girls then they are homosexuals too, although they are usually called lesbians. Pedophiles, weather male or female, if they have sexually abused the same sex then they are homosexual, by definition.

The discussion is about who has to ultimately accept responsibility for the crime committed, the perpetrator or the authority.

Part 1
I welcome Frank Brennan’s clear exposition of the Church’s processes in dealing with victims of clergy abuse. As a Catholic I am filled with abhorrence at the number of young people who have their lives destroyed or severely compromised as the result of such behaviour and betrayal of trust. I can understand the anger and bitterness of those who were abused.

I cannot understand how the Church leaders continued to move some of these predators around from parish to parish, which enabled them to find new victims, nor can I understand why there was not a system in place to weed out these misfits when they first manifested their vile tendency whether in the seminary or in the ministry.

In any crime ultimately the primary guilt is the perpetrator’s, an institution whether it is church, state, school, or any other, some of the leaders may be responsible for culpable negligence for failing to adequately and justly dealing with perpetrators, or showing sufficient compassion for victims, but that does not make every other person of the institution at what ever level guilty by association.

Part 2
I have been a follower of OLO for many years and find more than a few articles of interest, but certainly time and time again, I am saddened by the virulence, the ignorance and irrationality shown by a group of writers and commentators, whenever a topic such as Christianity or particularly Catholicism is the subject or by product. I know all their bylines and can predict their responses with certainty. I am sorry they are so bitter, it makes me wonder about their individual lives and social networks, and here I am not referring to those individuals who have genuine grievances.

As I said I am a Catholic, I try to live by the precepts that Christ taught, however I am well aware of my human failings and how hard it is to live to the standards I believe Christ set. But I am also know that when the mob were wanting to stone a woman accused of prostitution, to those who wanted to stone her, Christ said “Let he who is without sin cast the first stone” and after they had all slunk away, he said to the woman “Your sins are forgiven, go and sin no more.” There is lessons for everybody including amongst OLO bloggers in those two expressions.

The Church is made up of human beings and since its inception it has had those who have been saints, and the greater majority of those who have been sinners who struggle against their own weaknesses or succumb to them.

By the way I am not going to hide behind a pseudonym, my name is John Launder and I live in Stawell.

The Australian study of health and relationships in 2001 surveyed a nationally representative sample of 19,307 Australians aged 16 - 59 years. these included 10,173 men, of whom 97.4% identified as heterosexual. 1.6% as homosexual or gay, and 0.9% as bisexual, while 0.1% undecided or other. A lifetime history of sexual attraction that included other men was reported by 6.8%, and sexual experience with other men by 6.0%. Of the men who identified as hetrosexual, 2.7% reported having had sex with at least one other man. By extrapolation to the general Australian population, this suggests that there are about 158,000 men aged 16 - 59 years who identify as hetrosexual but have some history of same sex contact. this is in addition to the 148,000 men who identify as gay or bisexual.

source: MJA 2006

In response to bagsyl and Passy. As a victim of this who has done a lot of co-ordinated investigation into this the seemingly innocuous thing which has had the unfortunate effect of adding to the appearance of a coverup here in Australia as well as a number of other countries has been the simple act of good catholics thinking they have been doing the right thing by acting to "protect the good name of the church - unfortunately this one motivation has unfortunately led to many being abused and again when they attempt to find healing - it is a shame and a pity and I hope there is some way around that.

I'm intrigued, bagsyl. John. Whatever.

>>I am saddened by the virulence, the ignorance and irrationality shown by a group of writers and commentators, whenever a topic such as Christianity or particularly Catholicism is the subject or by product.<<

This is, of course, a generalization. And as we know, all generalizations are false. Including that one.

But one has to assume that you posted these remarks on this thread because you feel that some observations made here demonstrate "virulence... ignorance and irrationality".

Would you care to point one or two of them out to us, and provide some insight into why you believe they are out of place?

There appear to be two schools: the one that I sit in, that treats with suspicion the glib defence mechanisms of hierarchical organizations, that are out significantly of touch with reality.

And then there is the one that is clearly populated by the abused, telling their story in a direct and quite painful manner.

Which of these do you object to?

Or are they equal in your sight?

So what you are saying Kipp is that 2.6% of the population is homosexual or are potentialy pedophiles, And that's not counting the female pedophiles.

You do realize that this has nothing to do with this particular debate.

jayb. You appear to be uninformed on the diversity of mankind, by your posting that homosexuals are paedophiles.

Assuming that you are hetrosexual, it is no less than saying you are inclined towards paedphillia, and my point in my posting was to enlighten you, that sexual abuse wether same sex or opposite sex is not specific to any gender or sexuality.

I trust this will assist you at looking at the broader circumstances of sexual abuse, and that you review your personal blinkered outlook to a serious issue.