Sexual Abuse Claims Blog

Paul Shanley the notorious defrocked priest and convicted sex abuser that was the center of the Boston priest sexual abuse scandal has appealed his conviction on charges of repeatedly raping and fondling a boy at a Newton parish in the 1980s.

Shanley claims that his lawyer at his trial did not do a good enough job challenging the admissibility of the victim’s “repressed memories” of the childhood sexual abuse.

The District Attorney who prosecuted Shanley, Gerry Leone was quoted as saying:

"The concept of recovered memory by victims of abuse has been accepted by both the scientific and legal communities, as well as the jury who convicted Mr. Shanley after hearing the full evidence in this case," Leone said. "We remain confident in the jury's verdict."

Repressed Memory: What is it?

It is common for us to consciously repress unpleasant memories. In other words, we know what happened, but we chose not to think about it.

Repressed memory is the memory of a traumatic event that has been unconsciously repressed. In other words, the victim of a traumatic event has no conscious memory of a traumatic event because his or her subconscious has repressed the memory. Repressed memories can be recalled after being triggered, usually by another traumatic event.

Does Repressed Memory Exist?

There is mixed scientific opinion about whether repressed memory really exists. Some professionals deny the existence of repressed memories. Some are sceptical despite peer-reviewed studies and clinical studies that continue to document the phenomenon.

So What's the Answer?

The reality is that the validity of repressed memories may have a great to do with the way in which the memories were recovered. You can read an interesting examination of the issue from the University of Washington: The Reality of Repressed Memories.

I have been representing survivors of childhood sexual abuse for more than 15 years. I have no doubt that traumatic memories of something as horrifying as childhood sexual abuse can be repressed by the unconscious mind as a protection mechanism.

That is not to say that I think all repressed memories are true. But in my experience a careful examination of all the facts surrounding each particular case usually provides evidence to corroborate the accuracy of most victims’ repressed memories.

What do you think? Have you ever experienced the recovery of a repressed memory? Do you think repressed memories even exist?

Continue reading " Priest Sex Abuser Appeals Conviction: Denies Existence of Repressed Memory " »

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Posted In: Child Abuse , Clergy Abuse , Priest Abuse , Priest Sexual Abuse , Sexual Abuse

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In an Editorial published today in The Montreal Gazette the authors point to the apparent epidemic of sexual abuse in schools.

...it is impossible to know how large the problem of sexual predators in schools is, but there is, definitely, a problem. A 2001-2005 investigation in the U.S. last year by Associated Press found more than 2,500 cases of teachers who were either sanctioned by their schools or, in half the cases, convicted of a crime of sexual misconduct.

The authors conclude:

The seriousness of child sexual abuse cannot be overstated. Victims talk of lives ruined. They are unable to work, form relationships, enjoy friendships or accomplish what they hoped to in life.

The justice system seems to be the one realistic hope of putting an end to a predator's career.

I couldn't agree more. I have been representing survivors of childhood sexual abuse for more than 15 years. Criminal charges provide the justice system with a chance to punish sexual predators. Civil claims for sexual abuse hold the institutions that allow sexual deviants to prey on child accountible for the lives destroyed by sexual abuse.

If you have been a victim of childhood sexual abuse you can contact me for a free report about childhood sexual abuse claims and a manual of Atlantic Canadian resources for survivors of sexual abuse.

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Posted In: Child Abuse , Teacher Sexual Abuse

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Le Soleil has reported that Denis Tremblay, a priest from Sainte-Martine accused of sexual abuse, has elected trial by judge and jury.

Tremblay was a priest at Sainte-Martine for more than 20 years. He is charged with sexual molestation, indecent exposure and indecency on a person over whom he had authority.

The acts allegedly took place over a 40-year-period, between 1968 and 2007.

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Posted In: Clergy Abuse , Priest Abuse , Priest Sexual Abuse

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In a long over due gesture Indian Affairs Minister Chuck Strahl announced today that Prime Minister Stephen Harper will officially apologize on June 11 on behalf of the government for abuses suffered by former residents of native residential schools.

Although she did not live to see it, I think my friend Nora Bernard would be pleased.

A Tribute to Nora Bernard

September 22, 1935- December 27, 2007

Nora was born, September 22, 1935, to the late Mary (Cope) and Michael Bernard. Her place of birth was the Mi'kmaq First Nation Community of Millbrook. She is survived by her six children, thirteen grandchildren, five great-grandchildren, and four of her seven siblings, an uncle, and hundreds of other relatives.

I first met Nora in 1995. She came to me and asked for help her with a claim on behalf of all of the former students of the Shubenacadie Indian Residential School. What Nora wanted to do had never been done before.

She felt that Indian Residential School System was wrong and that every child that had ever been forced to attend the Shubenacadie Residential School was entitled to be compensated for their experience. She wanted justice for the Survivors of the Shubenacadie Indian Residential School. She wanted to file a claim against the Government of Canada and the Roman Catholic Church and she asked me to help her. After hearing Nora's story and the stories of many of the other Shubenacadie survivors I agreed to help Nora with her goal.

Nora filed the first Class Action law suit against the government of Canada seeking compensation for Residential School Survivors. After Nora filed her claim other survivors from other schools in other provinces filed similar law suits. Eventually these claims joined together and the end result was the National Class Action Settlement, the largest class action settlement in Canadian history which will pay compensation to up to 70,000 former Residential School residents.

It took Nora twelve years to achieve her goal. It was not an easy fight and her role representing survivors often took a toll on her health. Sometimes it looked like the fight for survivors couldn't be won. But Nora never gave up hope and never stopped working for the Shubenacadie Survivors.

Nora was an incredible woman. She was a kind and gentle person. She had a giving heart and a great deal inner strength.

Nora's death was tragic and unfair. However, I take satisfaction in knowing that Nora was able to see the conclusion of the Class Action Law Suit on behalf of her fellow survivors before her untimely death.

Whenever Nora asked me to speak to survivors at the meetings that she organized she would say to me: "John, don't speak to the people like a lawyer. Speak to them like a friend."

I am proud and honoured to have called Nora my friend. I will miss her terribly.

May she rest in peace.

More about Nora Bernard:

Heart of a Soldier, Soul of an Angel

Nora Bernard Played Key Role in Multibillion-dollar Native-school Settlement

Bernard's Lawsuit Helped Natives Nationwide

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Perry Dunlop a former police officer who is currently serving a jail sentence for refusing to testify at the Cornwall Sexual Abuse inquiry he helped spark is appealing his contempt conviction, but still has no plans to give evidence at the sex-abuse probe.

The Canadian Press has reported that Dunlop has retained Ottawa lawyer Lawrence Greenspon to handle the appeal, which he initially filed himself as an inmate.

I have posted about Dunlop's refusal to cooperate with the inquiry before.

I can sympathize with Dunlop's frustration over the failure of the criminal investigations that he initiated. I can even admire his principled stance.

But I do think that the inquiry would be better served, and victims of abuse would be better served, by hearing from Dunlop.

What do you think?

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Posted In: Clergy Abuse , Priest Abuse , Priest Sexual Abuse

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Just a quick post to let you know about The National Children's Advocacy Center's 9th annual National Conference on Child Sexual Abuse and Exploitation Prevention.

The conference is taking place in New Orleans, Louisiana between August 26-28, 2008.

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A jury has awarded a man who was sexually abused by Roman Catholic priest Rev. Edward Paquette $8.7 million dollars. The Burlington Free press has reported that the jury deliberated for almost five hours before returning with their verdict.

The jury verdict was for $950,000 in compensatory damages (what is typically referred to as compensation for "pain and suffering") and $7.75 million in punitive damages.

I posted about this case when the trial started last week, and last year when the Bishop of the Diocese of Vermont threatened to sue Indiana's Fort Wayne-South Bend Diocese for failing to disclose prior complaints of sexual abuse against Paquette.

The lawyer for the Plaintiff had actually asked the judge to declare a mistrial because of statements made by the Diocese's lawyer during closing arguments:

"It was like a hate speech, inflammatory and highly prejudicial in many respects."

The lawyer for the Diocese, Thomas McCormick, compared the victim's lawsuit to winning the lottery:

“This isn’t a state where lawsuits turn into lotteries. You represent the community. You know that’s an absurdity.”

I have represented hundreds of victims of childhood sexual abuse and sexual abuse by priests for more than 15 years. Unfortunately, the appalling statements expressed by the Diocese's lawyer in the Vermont case are all to common.

While the attitude of defendants in sexual abuse cases in Canada is much the same as the United States, the dollars involved are very different.

In one case where I represented a victim who had been raped by a priest, the lawyer for the Diocese said to me: "no amount of money is going to change what happened so why should we try to put a dollar value on it?"

In Canada punitive damages are rare, and when they are awarded seldom exceed $1 million dollars. Compensation for "pain and suffering" is capped at about $300 thousand dollars and the average award across Canada is now only $125 thousand dollars.

If McCormick had been raped as a child and had his life destroyed would he have considered himself lucky to have hit the jackpot for $125 thousand dollars?

I don't think so.

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Posted In: Clergy Abuse , Priest Abuse , Priest Sexual Abuse , Sexual Abuse

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A lawyer representing three men who say that since 1962 the Vatican orchestrated a coverup of priests sexually abusing children in the United States wants a court order allowing him to question the pope about what the Catholic Church knew about sex abuse allegations.

I posted about how the Church tried unsuccessfully to stop the lawsuit last year.

The lawsuit is based, in part, on instructions that the Vatican sent in 1962 to Bishops worldwide instructing them to keep allegations of priest sexual abuse confidential, at the risk of excommunication.

In a report from Louisville KY lawyer William McMurry, who represents the men, said:

The passage of time not only raises questions of Pope Benedict XVI's continued availability but also increases the likelihood that his memory of events dating back many years will grow less reliable,

McMurry says the Popes testimony is important because before he was pope, Cardinal Joseph Ratzinger was prefect of the Congregation of the Doctrine of Faith and oversaw reports of sexual abuse by priests. That office, along with its predecessor, the Congregation of the Holy Office, were directly involved with the investigation of sexual abuse by clerics.

In May 2001 then Cardinal Ratzinger (now Pope Benedict XVI) sent a letter to Bishops confirming that the 1962 code of secrecy remained in effect.

There have been several lawsuits that have tried unsuccessfully to sue the vatican or the Pope for their role in the pries sexual abuse scandals. So far they have all been struck out on the basis of sovereign immunity.

The Pope recently visited the United States where he issued an apology (sort of) for the priest abuse claims that have rocked North America. However, the Pope blamed the abuse on individual priests and failed to acknowlege the role he and the Church may have had in allowing the abuse to continue for decades.

"It is a great suffering for the church in the United States and for the church in general and for me personally that this could happen," Benedict said. "It is difficult for me to understand how it was possible that priests betray in this way their mission ... to these children."

One might also ask how those who knew about the abusive priests could have betrayed the children who were their victims.

In the unlikely event that the Pope is ordered to testify in McMurray's case, it will be interesting to see how the Pope explains his role in the priest sexual abuse crisis.

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The Alberta College of Physicians and Surgeons has released a decision that it has revoked the medical licence of psychiatrist Jeremy Roberts.

Roberts was accused of "professional negligence and sexual abuse." A hearing found he had an inappropriate relationship with a patient that included sexual activity. The woman was not identified. The Alberta College's policy regarding doctor/patient sexual contact can be found here.

The Calgary Herald has reported that the patient that filed the complaint has filed a lawsuit against Roberts seeking compensation for sexual abuse.

The Herald reports that the plaintiff's Statement of Claim alleges that the woman went to see Roberts for treatment of anxiety, marital stress and postpartum depression. The woman had two young children and was still married when she first visited Roberts in January 2003.

Secret Marriage:

Ten months later, the woman alleges in the statement of claim, she and Roberts had sex in his office. They married in July 2005. It was only when the woman was hospitalized for harming herself, the statement of claim says, that she revealed the secret relationship.

Although Roberts has been disciplined by the College of Physicians, the facts alleged in the statement of claim have not been proven in court.

Doctor-Patient Sexual Abuse is a Persistent Problem:

This story points to a continuing problem. In a previous post I noted that the Ontario College of Physicians and Surgeons "regularly" deals with allegations of sexual abuse by doctors.

In 2002 the Ontario College of Physicians and Surgeons disciplined Dr. Russell Harold Frith and in 2004 they disciplined Dr. Charles Larry Leatherdale.

The Canadian Medical Association Journal has reported that in a survey of 792 Obstetricians and Gynaecologists across Canada 10% of the respondents indicated that they knew about another ob-gyn who at some time had been sexually involved with a patient!

For more information about civil claims for sexual abuse click here.

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The Canadian government has appointed Justice Harry LaForme, a senior Ontario judge and a member of the Mississaugas of New Credit First Nation in southern Ontario to head up a federal truth and reconciliation commission that looks into the abuse that occurred at Indian Residential Schools.

The commission is designed to provide those affected by the legacy of Indian Residential Schools with an opportunity to share their individual experiences in a safe and culturally appropriate forum.

Indian Residential Schools Resolution Canada's website has posted details of the commission hearings.

A coalition of Churches that ran some of the Residential Schools and the Assembly of First Nations toured Canada two months ago to promote participation in the Truth and Reconciliation hearings.

I was privileged to be a part of the committee that negotiated the Residential Schools claims settlement on behalf of my clients, the survivors of the Shubenacadie Indian Residential School.

The Indian Residential Schools class action settlement is the largest abuse claims settlement ever. The Truth and Reconciliation hearings were an important part of the settlement package. It is the first commission of it's kind in North America and an acknowledgement of the human rights abuses that were systemic within the Residential School system.

Read more about the Indian Residential School claims.

Indian Residential Schools: A Brief History of the Largest Abuse Claim Settlement Ever

Bishop sex abuser changed the law in Canada

Historic Abuse Claims Settlement Set to Pass Final Hurdle

History of Canada's Indian Residential School Claims

Indian Residential Schools Settlement Finalized!

Largest Class Action in Canadian History Moves Forward

Residential School Survivor Receives First Settlement Payment

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If you are in Toronto on June 1 and want to support an end to child sexual abuse, consider joing the Walk to Stop Child Sexual Abuse.

The walk is being organized by Youth Out Loud.

Here are some more details.

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A preliminary inquiry has started for Bernard Cloutier, a Roman Catholic priest charged with sexually assaulting several young boys over a decade at various parishes in Northern Ontario.

It is alleged the incidents involving Bernard Cloutier began in 1974 and continued until April 1983. He has pleaded not guilty to the 22 charges he is facing.

The preliminary inquiry will determine if there is sufficient evidence for the charges to proceed to trial.

The North Bay Nugget reported:

Bishop Jean-Louis Plouffe, the spiritual head of the Roman Catholic Diocese of Sault Ste. Marie, said Cloutier, like other priests facing or convicted of charges of sexual misconduct in the diocese, is now only allowed to say mass privately.

I first posted about the charges against Cloutier almost a year ago.

You can read more here and here.

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Posted In: Child Abuse , Clergy Abuse , Priest Abuse , Priest Sexual Abuse , Priest Sexual Abuse

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The Roman Catholic Diocese of Vermont has been sued over allegations that the Bishop ignored previous allegations of sexual abuse when the Diocese hired Rev. Edward Paquette.

In a trial that started this week, Monsignor John McSweeney, who was chancellor of the Vermont diocese and handled details of hiring priests for then-Bishop John Marshall in the 1970s, testified that he did not know about such allegations until he reviewed church documents recently.

The documents, which chronicle the steps the Vermont diocese took while considering whether to hire Paquette in 1972, include several mentions of the alleged misconduct in letters from out-of-state church officials to McSweeney.

"Wasn't that a red flag for you to say the diocese ought to take a look at this," plaintiff lawyer Jerome O'Neill asked McSweeney.

"In retrospect, yes," McSweeney said.

You can read more about the trial here.

I have mentioned this case before. In a stunning example of hypocrisy, the Diocese of Vermont had threatened to sue Indiana's Fort Wayne-South Bend Diocese for failing to disclose prior complaints of sexual abuse against Paquette. The response from Indiana was: "We told you so, and you hired him anyway."

Testimony this week apparently confirms that Paquette's history of sexual abuse allegations had been disclosed to the Diocese of Vermont when Paquette was hired.

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Posted In: Child Abuse , Clergy Abuse , Priest Abuse , Priest Abuse , Priest Sexual Abuse

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