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

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