I am investigating allegations relating to Roger Anderson who taught at the “Song” School, York, in the 1970’s.
If you have information about Mr Anderson, or wish to speak to me in confidence, then please contact me on: 02392492472. Alternatively e-mail on: alc@verisona.com
Alan Collins
I am investigating the Rev. Anthony Clayton who was a priest in the Vale of Belvoir.
Clayton was sent to prison in 2000 for sex abuse.
If you have any information or would like to discuss the matter with me then please do so in confidence.
Alan Collins
TEL.: 02392 492472
It is reported in the West Australian newspaper (thewest.com.au) that clergy abuse victims seeking redress for the harm they have suffered are protesting by way of a vigil outside Melbourne’s catholic cathedral. They want the “church” the report says to enter into dialogue: “Victim’s groups are united in their resolve to hold restorative discussions and conferences with the Melbourne Catholic hierarchy to this end”.
The vigil coincides with the Pope’s visit to Australia for “World Youth Day”. As discussed in a previous blog article the Pope is supposedly intent in repairing the enormous damage caused by clergy abuse, but how in reality this is to be brought about remains to be seen. In my experience victims are still confronted with closed doors and tightly bolted ones at that.
I am of the opinion that there is much to be said for victim power. It takes in my view a certain bravery to go public and protest, and by doing so it makes it much for difficult for the powers that be to ignore the victims’ claims, which in my experience is often the usual response. As that classic Patti Smith song goes: “The people have the power“…
Alan Collins
02392 492472
How do you prove sexual abuse? A very interesting question which I will try and answer from the perspective of a solicitor acting for a victim.
First of all is the victim prepared to give a full account of what happened? If not then it is going to be difficult to prove the abuse. Victims understandably are often reluctant to discuss the horror of the abuse that they suffered, and so what I try to do is to get them explain in their own time and in their own way what happened.
If the victim has already given a statement to the police we might just need to obtain a copy.
We need to know what happened to the victim so that we can advise as to whether they have a case and how it to be pursued.
Assuming that the victim is gives an account we need to evalaute their chances of success in pursuing a claim. We need to see if there is any supporting evidence, for example, witnesses or other victims.
Are there any criminal convictions which are excellent pieces of evidence?
So we are looking at being in a position of being able to prove what the victims says. The stronger the case the better the chances of success.
The victim’s evidence alone may be enough, but in deciding whether this is the case we are looking at that chance of success.
Alan Collins
In my experience it is only in the last ten years or so that we have really woken-up to that taboo subject of sexual abuse and the fact that victims are entitled to be compensated.
The taboo is being gradually eroded away, and we read and hear in the news much more frequently now stories of sexually abuse. I suspect that we are still only scraping the surface.
When we talk about “sexual abuse”, perhaps, we immediately think of children being harmed, but in fact it covers a much wider field. It is now recognised that adults too, and not just children, can be subjected to sexual abuse and that this can occur in a variety off settings:
There is no stereotype, and what we do know is that abusers come in all sorts of shapes and sizes, and that the abuse can take place in all manner of situations.
Tragically it would seem from the cases that I have had that frequently the abuse could have been prevented or at the very least nipped in the bud. Children do complain, but all too frequently they have been ignored, perhaps, through ignorance, the turning of a blind eye, disbelief, or complicity. Adults might not come forward out of a sense of embarrassment, or mis-placed loyalty, or fear of what might happen to them if they speak out, or concern for the abuser, and often there is fear of not being believed.
Hopefully as result of victims coming forward and bravely making their voices heard the barriers of prejudice and ignorance are coming down, and that through greater understanding in the police, government, and society as a whole the tragedies of the past will not be forever repeated. There is still it seems to me a long way to go. The work of victim survivors’ groups and organisations such as Child Line are to be applauded.
Victims who consult me or my colleagues are ensured of a sympathetic ear and approach. We will tell you what can be done and how. If we can’t help we will explain why.
Claims for sexual abuse can be made against the abuser or the organisation responsible for the abuser, for example, an employer, religious organisation, local authority.
For a claim to succeed against an abuser this is what has to be proved:
The abuser may argue as his/her defence that the claim is time barred because of the Limitation Act 1980, which says a claim must be brought before the court within 3 years of the abuse or in the case of a child by their 21st birthday. The court does have discretion, which it will not exercise lightly, to dis-apply the bar but only if it is fair to do so. The strength of the evidence has to be strong in my opinion and experience for this to happen.
Also of course the abuser has to be worth suing. If she is worth tuppence there is no point in spending time and money pursuing them.
For a claim to succeed against an organisation, depending on the circumstances of the case generally speaking this is what we have to prove:
We have to show that the organisation was essentially responsible for what happened, and so in the case of an employer that they employed the abuser. Once again limitation could be used as a defence which must be over come in order to stand a chance of succeeding with the claim.
So what is my take from a lawyer’s perspective on “historic abuse cases”?
The usual scenario is that the victim was abused as a child, when vulnerable in every sense of the term, who then suppresses their memories of what happened. There are invariably feelings of guilt, shame and embarrassment. The history of abuse is often kept hidden from spouse and family. Their memories of the abuse are suppressed and often very effectively. The mask, however, sometimes slips through what we call the triggering of memories. A common experience is for the unpleasant memories to be rekindled as a consequence of watching a television programme, or reading an article in a newspaper or, perhaps, through being contacted as a result of a police investigation.
The “triggering”can have a dramatic effect. A victim may actually suffer a nervous breakdown and become very ill. Against such a background a victim will seek advice which culminates in them consulting a solicitor.
As a result of this rather circuitous route the solicitor has to form an opinion as to whether there is a viable case to pursue. Leaving to one side the issues of liability and causation for the moment, the question every lawyer has to ask him/herself is if a claim is going to be made will it fail because it is “statute barred”? This is frequently the hardest question and most difficult aspect of a case, and I would refer you to my other entries on my blog for further detail.
If a claim is to succeed not only does limitation have to be overcome I also need to prove the abuse and also that it harmed the victim. Common sense says that abuse causes harm, but we still have to prove it, and it is not always very easy. The greater the passage of time between the abuse and the victim coming forward the harder it is to prove, and it maybe impossible to do so.
To prove the case I need evidence. This could involve tracking down witnesses, perhaps, for example other victims. It may also mean looking for records. The client will be asked to help because they were there, and not the solicitor.
To prove the damage it will be mean that a medical report has to be prepared, and this would be usually be by a psychiatrist. It is their job to tell us whether the abuse has resulted in any recognised medical illness or condition. This in turn enables us to work out quantum, or in simple terms the amount of compensation you might be entitled to.
For further information please contact me.
Alan Collins
02392492472
This is a list of children’s homes and institutions that I am currently investigating on behalf of clients, and if you have information please contact me:
“Green Field House”, Maidenhead
Haut de la Garenne, Jersey
“Winton House”, Winchester
St. Mary’s Convent, Gravesend, Kent
St. Anthony’s Prepartory School Stoney Stratford
I am also looking for “victims” of Clement Prescott known as “Uncle Clem” by some. He was the brother of “Don” Prescott who was the warden of Green Field House, Maidenhead. “Clem” I am told ran his own children’s homes.
Here is an extract from the BBC article on Green Field House:
Nine men abused in a children’s home 40 years ago have received an out-of-court payout from the Royal Borough of Windsor and Maidenhead totalling more than £300,000.
The abuse took place between 1964 and 1970 at the council-run Green Field House in Maidenhead, Berkshire.
The home was then managed by the late Don Prescott, who is alleged to have abused the boys and rented them out to other paedophiles.
“It was the centre of a paedophile ring numbering so many men some of the boys lost count of those who abused them”
said Alan Collins their solicitor.
“They suffered the most horrendous abuse - it was the worst type of sexual abuse. They were filmed, photographed and had to take part in the abuse. What was surprising was that it went on for six years.”
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