Sexual Abuse Claims Blog

A man who was 13 years old when he was sexually abused by former probation officer Cesar Lalo has been awarded $375,000.00 in compensation by Supreme Court of Nova Scotia Justice Heather Robertson.

Lalo has been convicted of sexually abusing 29 boys while working as a probation officer for Department of Social Services in Nova Scotia.

Justice Robertson awarded the plaintiff, identified as L.M.M., $125,000.00 for compensation for pain and suffering and an additional $250,000.00 for past and future lost income.

The decision isn't online yet. I will post a copy when it's available.

I have been invited to speak at the Canadian Institute’s Ninth National Summit on Institutional Liability for Sexual Assault and Abuse.

My presentation is Overcoming Key Hurdles in Bringing and Defending Child Sexual Assault and Abuse Claims.

The conference is taking place in Toronto April 7-8, 2010.

You can register, or get more information, here.

The Bishop of the Roman Catholic Diocese of Bathurst has asked the Vatican to laicize a former priest from the Diocese, Father Levi Noel, who has been sentenced to eight years in jail for 22 sex related criminal offences.

Father Wesley Wade, spokesperson for the Diocese of Bathurst has told CBC news that the request is in the hands of the Vatican.

Laicization is a penalty imposed under the Code of Canon Law (Church law) where a priest is stripped of the right to perform priestly duties.

The penalty is rarely imposed. The Code of Canon Law says the penalty can only be imposed "for the gravest reasons". In fact depite the fact that 3 priests from the Diocese of Antigonish were convicted of sexually abusing dozens of children over a period of many decades, not one of them were laicized by any of fomer Bishops of Antigonish.

The Diocese of Bathurst has taken the first step towards proper accountability. It remains to be seen what efforts the Diocese will take to make amends to Levi Noel's victims.

Continue reading "Bathurst Diocese wants to Defrock Sex Abuser Levi Noel" »

This months cover story in Canadian Lawyer magazine is about Ron Martin's class action against the Roman Catholic Diocese of Antigonish.

You can read the story online.

Justice Normand Glaude has released his report in the Cornwall Inquiry into allegations of sexual abuse.

Justice Glaude said during a press conference that:

“Institutions were ill equipped to deal with allegations about their own employees…institutions tend to try to find a way out, allowing individuals to stay under ineffective conditions that failed to protect the vulnerable.”

More Concerned About Reputation Than Child Safety

In a statement that rings true Justice Glaude says that institutions were:

“Less concerned about victims than about public embarrassment.”

I have been representing survivors of childhood sexual abuse for more than 18 years. In almost every case of institutional abuse we have investigated, we have found that persons in authority were aware, or should have been aware, of the abuse.

But the institutions failed to report the abuse rather than face the public embarrassment or stigma that public revelations might cause.

This problem has been particularly rampant within the Catholic Church, which appears to have perpetuated a “code of silence”; failing to acknowledge sexual abuse by it's priests or the harm it causes to the victims.

Progress Being Made?

One can only hope that progressive steps like Justice Glaude’s report, and recommendations contained therein, and the recent class action settlement by the Roman Catholic Diocese of Antigonish will provide a path for the future and other institutions facing allegations of sexual abuse.

Continue reading "Cornwall Inquiry Finds “Systemic Failures” to Blame for Historic Sexual Abuse" »

Priest Convicted of Sexual Abuse 20 years Ago

More than 20 years ago Father James Hickey was convicted of sexually abusing a number of alter boys in the Roman Catholic Diocese of St. Johns, Newfoundland.

Since then, the boys, now men, who were sexually abused by Hickey, have been fighting the Catholic Church in Court seeking compensation for their injuries.

The St. Johns Telegram has reported that the Diocese has finally agreed to settle one of the lawsuits for $200,000.00.

I have reported before of the efforts of the Church to fight the claims of abuse survivors.

Why the Antigonish Diocese Sexual Abuse Class Action Settlement is the Right Thing to do.

Perhaps this survivor can move forward with his life, now that the Diocese has been held accountable for the abuse he suffered.

Continue reading "Newfoundland Diocese Agrees to $200,000.00 Sex Abuse Settlement " »

Pope Benedict XVI has issued a statement saying he"shares the outrage, betrayal and shame felt by so many of the faithful in Ireland (over) these heinous crimes," over reports that church leaders in Ireland covered up sexual abuse by priests for decades.

Just a Few Bad Apples

The Pope’s statement expressed his “profound regret” at the actions of “some members of the clergy”.

Church Not to Blame?

In other words, this isn’t the fault of the Church; it’s not the responsibility of the Pope or the Vatican. The decades long cover up involving four consecutive Archbishops who covered up thousands of cases of sexual abuse by priests is just another isolated case of "some members of the clergy" who betrayed the trust placed in them by the victims, their families and their parishioners.

The statement indicates that the Pope intends to write a pastoral letter to Catholics in Ireland indicating what steps the church intends to take in response to the abuse allegations.

Lesson to be Learned

Perhaps the Pope should take a lesson from the Roman Catholic Diocese of Antigonish.

The Diocese of Antigonish has fully accepted responsibility for the sexual abuse perpetrated by priests of the Diocese and has created a program to compensate survivors of sexual abuse by its priests.

What do you think? Is the Irish abuse scandal the result of a few misguided priests or evidence of a systematic cover up by the Catholic Church?

Class Action Deadline

December 4, 2009 was an important deadline under the class action settlement agreement reached with the Diocese of Antigonish. If anyone opted out of the class action settlement on or before December 4, 2009, the Diocese had the right to pull out of the class action.

Similarly, if more than 70 people came forward before December 4, 2009 indicating that they wanted to pursue a claim against the Diocese, Ron Martin had the option to pull out of the class action.

Tremendous Support for Class Action
There has been overwhelming support for the class action from survivors. The feedback that we received from the survivors who have contacted us have unanimously supported Ron Martin and the class action settlement.

I think one of the survivors put it best:

“I survived so many years thinking I was alone, and it was my fault, with no one to turn to. I give all my support to Ron Martin and the class action.”

Some People Have Opted Out
I have been advised by counsel for the Diocese that the Diocese has received some opt out forms from people who do not want to be part of the class action settlement.

Therefore, under the terms of the settlement agreement conditions were met that would have allowed either the Diocese or Ron Martin to pull out of the class action.

Parties Have Agreed to Move Forward

I am pleased to announce that the Diocese and Ron Martin have agreed NOT to exercise their option to pull out of the class action. Therefore the Antigonish Diocese Class Action Settlement is now final and will proceed as planned.

Historic Day

This is a historic day. This is the first time that the Catholic Church has acknowledged its responsibility to survivors of sexual abuse. This is also an important day because Ron Martin has finally been able to fulfill the promise that he made to his brother to ensure that he, and everyone else who was sexually abused by a priest of the Antigonish Diocese, would be able to receive accountability for what happened to them.

Thank You

On behalf of Ron Martin, I would like to thank all of the class members who have supported Ron Martin in his efforts. It has been a long and difficult road to this day. The Class Members and the parishioners of the Antigonish Diocese will now be able to move forward so that survivors can receive compensation and, more importantly, accountability. It is also my hope that for some survivors this process will provide some measure of reconciliation with the Catholic Church.

Continue reading "ANTIGONISH CLASS ACTION TO MOVE FORWARD!" »

Sex Abuse Class Action Certified

I am pleased to announce that on September 10, 2009, Justice David MacAdam of the Nova Scotia Supreme Court certified Ronald Martin’s class action lawsuit against the Roman Catholic Diocese of Antigonish.

Settlement Approved

Justice MacAdam also approved the settlement agreement which sets up a private and confidential compensation process for victims of sexual abuse by priests of the Diocese of Antigonish.

Landmark Decision

Justice MacAdam’s decision is extraordinary because it marks the first time that the Catholic Church has ever been successfully sued in a class action lawsuit. It also marks the first time that the Catholic Church has agreed to set up a compensation program specifically to provide compensation to survivors of sexual abuse by priests.

There are three important deadlines for class members to be aware of:

Notify Class Counsel: Class members should notify me on or before December 4, 2009 if they want to participate in the class action settlement. You can do so by contacting me by email at dioceseclassaction@apmlawyers.com.

Opt Out: If a class member does not want to take part in the class action settlement, and wants to file an individual lawsuit at their own cost, they must file an opt out form with the lawyers representing the Diocese on or before December 4, 2009.

Claims Deadline: Class members have until March 10, 2010 to submit a fully completed claim form requesting compensation. Claim forms are available by contacting my office or on the class action website www.dioceseclassaction.com.

Trigger Dates

There are two “trigger dates” in the settlement agreement. If anyone opts out of the class action, the Diocese has the right to pull out of the class action settlement.

Similarly, if more than 70 survivors come forward indicating that they want to file a claim for compensation, Ronald Martin has the right to pull out of the settlement agreement. The deadline for making this decision is December 4, 2009.

Congratulations and Thanks

Ron Martin is to be congratulated for all of his efforts in bringing forward this landmark claim on behalf of all of the sexual abuse survivors of the Antigonish Diocese.

I am honoured to have been able to assist Ron Marin in this landmark case. I want to thank him for trusting me with this important claim.

More Information

You can find out more about the terms of the class action settlement on my website www.novascotiaclassaction.com

Continue reading "Antigonish Diocese Sexual Abuse Class Action Certified and Settlement Approved!" »

I am pleased to announce that Ronald Martin’s class action against the Roman Catholic Diocese of Antigonish on behalf of persons who were sexually abused by priests employed by the Diocese has been settled.

Settlement Agreement

At a press conference today, Ron Martin and Bishop Raymond Lahey signed a settlement agreement to resolve the class action lawsuit.

13 Million Dollars

The Diocese of Antigonish has agreed to a fund of up to 13 million dollars to compensate anyone who was sexually abused by a priest that was a member of the Antigonish Diocese.

Private Compensation Process

The settlement also creates a private process where survivors claims can be evaluated in a private, confidential manner and receive fair and reasonable compensation.

You can find out more about the terms of the class action settlement on my website www.novascotiaclassaction.com

You can read a copy of the official Court Notice announcing the terms of the settlement.

Approval Hearing in September

The class action is still subject to approval by the court. Justice David MacAdam of the Nova Scotia Supreme Court will hold a hearing on September 10 and 11, 2009, to determine whether the class action can be certified and to review and approve the Settlement Agreement.

If you or a family member were sexually abused by a priest that was a member of the Antigonish Diocese between 1950 and 2009 you may be eligible for compensation under the class action settlement. You can contact me for more information or call my assistant Sarah Winfield toll free in Atlantic Canada at 1 (877) 423-2050 to arrange an appointment.

Media Reports

N.S. diocese makes $13M sex-abuse settlement

Settlement reached in lawsuit against N.S. diocese over alleged sex abuse

Canadian diocese pays millions to abuse victims

N.S. diocese reaches $13-million settlement in abuse case

N.S. diocese to pay $13M to sexually abused victims

The sexual abuse scandal in catholic schools in Ireland has documented a “substantial level of sexual abuse” in Catholic run schools in Ireland.

Now, TV3 has produced a documentary called “Abuse of Trust: Sins of the Fathers” which documents some of the horror stories of sexual abuse by priests who were part of the Roman Catholic Archdiocese of Dublin.

The documentary uncovers a pattern that has been repeated time and time again in countries around the world. Roman Catholic Priests sexually abusing children and persons of authority within the church covering up the allegations and moving sexually predatory priests from parish to parish.

I represent Ron Martin who has filed a proposed class action against the Roman Catholic Diocese of Antigonish on behalf of victims who were sexually abused by priests who were employed by the Diocese of Antigonish. If you or a family member were victimized by a priest who was part of the Roman Catholic Diocese of Antigonish you can contact me through this blog, or by calling toll free 1-877-423-2050, for more information.

After ten years of investigations a government inquiry into sexual abuse in Catholic run schools, orphanages and hospitals has released an exhaustive and damning report.

Abuse Endemic
The inquiry commission uncovered:

...a substantial level of sexual abuse of boys in care that extended over a range from improper touching and fondling to rape with violence.

Corporal punishment in girls’ schools was:

pervasive, severe, arbitrary and unpredictable.

Church Knew About Dangers

The Commission determind that:

The recidivist nature of sexual abuse was known to religious authorities.

Church Concerned About Reputation, Not Risk to Children

Time and time again we have seen how the Catholic Church values it's reputation more that the lives of the children under it's care. The same pattern repeated itself in Ireland:

The risk was seen by the congregations in terms of potential for scandal and bad publicity should the abuse be disclosed. The danger to children was not taken into account.

If you have been a victim of sexual abuse by a priest, or any person in authority, please, please please tell someone. Silence only protects the abusers and the institutions that harbour them.

I have represented hundreds of victims of childhood sexual abuse in claims for compensation. As a public service I have prepared a resource guide for survivors of sexual abuse in Atlantic Canada. The guide contains a list of support groups throughout the Maritimes for survivors of sexual abuse.

You can receive a free copy of The Survivor's Guide to Abuse Compensation Claims by contacting me through this blog, or my website at www.apmlawyers.com or by calling toll free in Atlantic Canada 1-877-423-2050.

The Roman Catholic Diocese of London, Ontario has agreed to pay Lou-Anne Soontiens $1,745,000.00, plus legal costs to compensate her for years of sexual abuse she suffered as a child at the hands of Father Charles Sylvestre. The total value of the settlement is thought to be more than 2.2 million dollars.

Sylvestre, one of Canada’s most notorious pedophiles was convicted of sexually assaulting Sootiens.

CBC's Fifth Estate aired a documentary about Sylvestre called "The Good Father". As you will see from watching the documentary it is apparent that persons of authority within the Catholic Church knew about Sylvestre’s sexual abuse but did nothing to protect his victims.

I have posted about Sylvestre's predatory abuse in the past. See also, Sex Abuse help Fund Doubled.

The effects of childhood sexual abuse can be devasting. Although the scars my not be visible, the damage caused to the victims can be totally disabling. Because of the psychological effects of their abuse, many victims are not able to bring forward their claims on their own behalf.

My client Ron Martin has filed a class action against the Roman Catholic Diocese of Antigonish on behalf of persons that suffered sexual abuse by priests that who were members of the Roman Catholic Diocese of Antigonish.

If you or a family member were a victim of sexual abuse by a priest from the Roman Catholic Diocese of Antigonish you can contact me, or take a look at my website for more information about the class action.

Continue reading "Victim of Priest Sexual Abuse Receives 1.75 Million Dollar Settlement" »

In two related decisions released last month, Justice Walter Goodfellow has ruled that the plaintiffs' claims for compensation for assault and negligence as a result of childhood sexual abuse were statute barred. However, Goodfellow J. allowed the plaintiffs' claims for compensation for breach of fiduciary duty to continue.

Robert Lawrence Borden and Leonard Anthony Smith were both former residents of the Nova Scotia Home for Colored Children.

Borden and Smith have filed a proposed class action on behalf of all former residents of the school seeking compensation for assault and negligence as a result of sexual abuse they allege happened while they were residents were living in the Home for Colored Children.

With respect to Borden’s claim, Justice Goodfellow determined that the "undisputed" facts were that Borden knew what had happened to him was wrong and had provided full disclosure to friends (and strangers) about what had happened to him at the home many years before he filed his lawsuit.

Similarly, Justice Goodfellow determined that the undisputed facts were that Smith was also aware that what had happened to him in the home was wrong and that there was a causal connection with his experiences in the home and the harm that he had suffered. He had clear memories of the abuse which he disclosed to his wife and to an author who was writing a book about the Home. He also disclosed his experiences to a potential employer when applying for jobs as a youth counselor.

Justice Goodfellow determined that the claims for assault and negligence were statute barred under Nova Scotia's Limitation of Actions Act.

However, Justice Goodfellow confirmed that, in accordance with the Nova Scotia Court of Appeal’s decision in Milbury v. Nova Scotia (Attorney General) (another claim arising from the Home for Colored Children) there is no limitation period (at least in Nova Scotia) for a claim for breach of fiduciary duty.

Therefore, all of the claimants’ claims based on assault and negligence were struck as being statute barred. However, the claimants’ claims based on breach of fiduciary duty were allowed to proceed.

Childhood sexual abuse can cause lasting and disabling psychological injuries. However, these decisions point out the difficulty that survivors of childhood abuse may have when seeking access to justice through the courts. The decisions confirm that survivors of childhood sexual abuse should consult with legal counsel as soon as possible when they become aware of the connection between their childhood abuse and the disabling effects of the abuse later in life.

Childhood abuse can permanently change the way your genes fight stress, leaving victims of childhood abuse more vulnerable to stressful events throughout their life.

Abuse Alters Gene Function

Researchers at Montreal’s McGill University have published a study which suggests that childhood abuse can have, not only long term psychological effects, but can physically alter the way abuse victim’s genes function.

The study, published in the journal Nature Neuroscience found that childhood abuse alters hypothalamic-pituitary-adrenal (HPA) function, increasing the risk of suicide in survivors of childhood abuse.

Researchers compared the brains of suicide victims who had a history of childhood abuse with those who died from suicide (but no history of childhood abuse) and persons who died from natural death.

Abuse Inhibits Production of Anti-Stress Hormones

The study found that the abuse victims underlying DNA was not changed. However, the HPA genes effect was decreased, causing the brain to produce fewer calming hormones which made it more difficult for abuse victims to deal with subsequent stressful events.

Sexual abuse lawyers, and persons who work with survivors of childhood abuse have known for decades that child abuse is one of the highest risk factors for different types of psychiatric disorders.

However, this research appears to be one of the first indicators that childhood abuse can actually cause physical changes to the body which can have an impact on the survivor’s life which spans decades.

It is still early, but perhaps this research may lead to a cure for some of the lasting effects of childhood abuse.

Watch an interview with Patrick McGowan, head of McGill's research team.

Last week the Supreme Court of Newfoundland and Labrador ruled that the Roman Catholic Church in St. John’s was responsible for the sexual abuse of eight former altar boys by disgraced priest, Reverend James Hickey.

Priest Convicted of Abusing Alter Boys

Hickey was criminally charged ten years ago with sexually abusing the boys while he was a parish priest on the Burin Peninsula. He was convicted and spent five years in prison.

Church Fights Victims for 10 Years

Despite Hickey’s criminal conviction the Roman Catholic Church has fought the victim’s claims for compensation tooth and nail for almost 10 years.

Destroyed Faith in God

Gregory Stack, who represented the abuse survivors, told CBC News that the sexual abuse didn’t just destroy the victims physically or psychologically, the sexual abuse destroyed their faith in God.

“The boys…generally came from the more devout catholic homes. The more devout, the more religious parents that pushed their children to become altar boys, and these were the boys who were victimized by the parish priest.

It is the whole coupling of that- the sense that god has abused them. And that’s what they believed in those small communities. By in large, the parish priest was a god-like figure”

This is just another sad example of how the Catholic Church is prepared to fight to it's last penny rather than acknowledge it's responsibility to the victims of sexual abuse by Catholic priests.

Supreme Court Rules Church Responsible for Sexual Abuse

Six years ago the Supreme Court of Canada ruled that the Roman Catholic Church is responsible (vicariously liable) for sexual abuse by it's Priests. In Doe v. Bennett (another priest abuse case from Newfoundland) the court ruled that the Roman Catholic Church was responsible for the sexual abuse perpetrated by it's priests because of the power and authority over parishioners that the Church gave to it's priests.

The Supreme Court of Canada stated that:

“The relationship between the bishop and the priest in the Diocese is not only spiritual but temporal.

First, the Bishop provided Bennett with the opportunity to abuse his power.

Second, Bennett’s wrongful acts were strongly related to the psychological intimacy inherent in his role as priest.

Third, the Bishop conferred an enormous degree of power on Bennett relative to his victims”

The Catholic Church’s refusal to acknowledge its responsibility to Hickey’s victims simply perpetuates the view that the Catholic Church cares more about its reputation than it does about protecting vulnerable and innocent children from sexual abuse.

Related Posts:

Do Myths About Child Abuse Explain The Church Sex Abuse Scandals?

Sexual Abuse: Not Just a Catholic Problem?

Does the Catholic Church Attract Sexual Abusers…or Create Them?

Supreme Court of Canada Clarifies Burden of Proof for Sexual Abuse Victims

The Vatican has issued guidelines for psychological screening of new priests. The Associated Press has reported that the guidelines were issued in response to sexual abuse scandals that have cost the Roman Catholic Church hundreds of millions of dollars in settlements for victims of sexual abuse.

Weeding Out Psychopaths

According to AP, the guidelines are supposed to help church leaders weed out candidates with "psychopathic disturbances."

Scapegoating Homosexuals?

The BBC has reported that the voluntary tests should also aim to vet for those with "deep-seated homosexual tendencies". Of course being homosexual has nothing to do with whether someone is more likely to commit sexual abuse. Needless to say, Gay rights groups have denounced the guidelines as unfairly targeting homosexuals.

Is It Enough?

SNAP (The Survivors Network of Those Abused by Priests) has responded by claiming that the screening guidelines do not go far enough. SNAP has called for an end to what SNAP calls the church's "virtually unchanged culture of secrecy and unchecked power in the hierarchy" that left dangerous priests in parishes.

Is the Catholic Church the Problem?

I have posted before about research that suggests that the way in which the Catholic Church educates/trains it's priests may actually create sexual abusers.

Only the First Step

Screening out people who may be potential sexual abusers is a good first step. But the screening, which is now voluntary, needs to be mandatory.

But the bigger problem, one that the Church has so far failed to address, is the culture of secrecy that still permeates the Church. There are persons in authority throughout the catholic Church that will do anything to protect the reputation of the Church. Even at the expense of innocent victims of sexual abuse.

Continue reading "Vatican Issues Guidelines for Psychological Screening of Priests: What took so long? " »

Yesterday the Supreme Court of Canada restored a finding of civil liability for sexual assaults committed by an Oblate Brother against a former Indian Residential School Student decades ago and confirmed the burden of proof that victims of historical sexual assaults must meet if they pursue civil claim for compensation.

In F.H. v. McDougall the Supreme Court of Canada upheld a finding of civil liability against Ian Hugh McDougall, a former teacher at the Meares Island Indian Residential school. McDougall was originally found liable in B.C. Supreme Court, but the judgment was overturned by the B.C. Court of Appeal.

The B.C. Court of Appeal ruled that the testimony of adult victims about sexual assaults that happened during childhood require independent corroboration.

“[t]o choose one over the other . . . requires . . . an articulated reason founded in evidence other than that of the plaintiff”

The judgment of the Supreme Court of Canada was delivered by Rothstein J. He considered whether there was a shifting burden of proof in Canada or if allegations of criminal misconduct should carry a higher burden of proof similar to the burden in criminal prosecutions.

Justice Rothstein emphatically laid the debate to rest:

"...I would reaffirm that in civil cases there is only one standard of proof and that is proof on a balance of probabilities. In all civil cases, the trial judge must scrutinize the relevant evidence with care to determine whether it is more likely than not that an alleged event occurred."

With respect to the supposed requirement for corroborating witnesses, Rothstein J. said:

"Corroborative evidence is always helpful and does strengthen the evidence of the party relying on it as I believe Rowles J.A. was implying in her comments. However, it is not a legal requirement and indeed may not be available, especially where the alleged incidents took place decades earlier. Incidents of sexual assault normally occur in private."

The McDougall decision is incredibly important for those of us that represent victims of childhood sexual abuse.

Had the B.C. Court of Appeal ruling not been overturned it would have created huge barrier for victims of childhood abuse to receive justice. Childhood sexual abuse is a crime of secrecy. There are rarely any witnesses to childhood sexual abuse and to require independent corroboration from witnesses would, effectively, deny the rights of victims to pursue justice in the civil courts.

You can read more about the burden of proof in civil claims on my website www.apmlawyers.com.

Continue reading "Supreme Court of Canada Clarifies Burden of Proof for Sexual Abuse Victims" »

The special prosecutor who has been asked to investigate the Fundamentalist Church of Jesus Christ of Latter Day Saints community in Bountiful, British Columbia plans to ask the RCMP to reopen their criminal investigation into the polygamous religious community.

The Globe and Mail reported that Vancouver lawyer, Terry Robertson says that:

"The law says it is an offence for a person in a position of authority over another to sexually touch someone if they are under 18,"

Women who have left the community of Bountiful have said that girls as young as 14 have been married to men more than 20 years older, who are elders in the religious community.

Robertson also intends to look at whether the law against polygamy breaches the freedom-of-religion provision of the Canadian Charter of Rights and Freedoms.

I posted almost a year ago that the BC government had decided not to lay criminal charges over the polygamy in Bountiful: B.C. will not charge Polygamists with Child Sexual Abuse

At that time the prosecutor refused to lay charges on the basis that the children had "consented" to the marriages and were therefore not sexual assaults under the law.

Given the control that some religious leaders can have over the members of their communities (and I am not just talking about the Church of Latter Day Saints) , isn't it a bit naive to just assume that a child's "consent" is genuine? Is it not possible that the "consent" was coerced?

What do you think?

The Supreme Court of Canada has overturned the conviction of 73-year-old who confessed (three times!) to sexually abusing three children.

In a stinging indictment of the police that investigated the crimes, the Court unanimously ruled that police "knowingly and deliberately" used information that had been illegally obtained in order to obtain the confessions.

The Globe and Mail has reported that police in Kamloops interrogated Dieter Helmut Wittwer three times. Each time he confessed to sexually assaulting 3 girls between the ages of five and six years old.

But the first time police had failed to advise Wittwer of his right to counsel. The second time they interrogated him, police advised Wittwer of his right to counsel, but failed to give him the opportunity to call a lawyer.

After being told by a Crown prosecutor that the first two confessions were probably inadmissible the police tried a third time.

Wittwer confessed again! But only AFTER being confronted with his previous, unlawfully obtained, confessions.

Justice Fish, writing for the unanimous court stated that the police conduct was:

"...sufficient to taint the subsequent statement and to cry out for its exclusion ... To hold otherwise is to invite the perception that the police are legally entitled to reap the benefit of their own infringements of a suspect's constitutional rights. And this, in my view, would bring the administration of justice into disrepute."

Some people may be outraged that a sexual abuser who confessed THREE TIMES will have his conviction overturned.

But I am more outraged by the incompetence of the police that investigated these charges. Three young girls were sexually abused and the pedophile that assaulted them now has another chance at being found not guilty, because the police did not respect the rules.

What do you think?

You can read the entire decision here.

The media has been full of reports over the outrage caused by disgraced priest and convicted sex abuser Paul Shanley's appeal based on the (supposed) unreliability of "repressed memory".

I posted about the story last week Priest Sex Abuser Appeals Conviction: Denies Existence of Repressed Memory .

Today I read an interesting post by Tim Lytton on the PrawfsBlawg about the issue. He makes the point that the media attention surrounding the various priest sexual abuse scandals has perhaps over estimated the incidence of repressed memory in historical sexual abuse cases.

Lytton points out that:

First, since claiming recovered memory is one way to overcome statute of limitations problems, clergy sexual abuse litigation makes the frequency of recovered memory among victims appear to be greater than it actually is. Second, most plaintiffs seeking to avoid dismissal of their claims under the statute of limitations do not allege recovered memory but rather delayed discovery of injury--claiming that, although they never forgot the abuse, they did not identify the damage that it caused or they did not attribute that damage to the abuse. Third, most lawsuits and prosecutions for clergy sexual abuse are supported by independent evidence of guilt.

I couldn't agree more.

I have represented hundreds of victims of historical sexual abuse and in not one of them did my client, claim to have "repressed" the memory of the abuse.

In most cases the victim was aware of the fact of the abuse, but did not realize that their ongoing psychological problems were a product of their childhood.

Furthermore, in almost every single case we have been able to find independent evidence to corroborate my clients claims.

So perhaps the furor over repressed memory has been caused, in part, by the media. What do you think?

Continue reading "Repressed Memory of Sexual Abuse a Creation of the Media?" »

A founding member of a Mount Forest Mennonite community has been ordered to pay compensation to a man that he sexually abused as a child.

CTV news has reported that 84 year old Amsey Bearinger is currently serving a two year sentence after being convicted of sexually abusing 17 children over two decades.

Bearinger, an Elder in the Mennonite Church, has been ordered to pay compensation to a man who was just 8 years old when Bearinger began to sexually assault him.

The amount of the settlement is confidential. You can watch a video of the news story here.

In a decision released last week, the British Columbia Court of Appeal has found a probation officer and the mother of a boy who was sexually abused, equally responsible for sexual assaults on the boy, by a paroled sex offender.

The Court of Appeal confirmed that the province is vicariously liable (legally responsible) for the negligence of a probation officer who allowed a convicted sex offender on parole to live with a family with two young children.

You can read the full decision here.

JH was sexually assaulted by Kline, who was on probation for sexual offences against boys. He was on parole and under an order not to have unsupervised contact with children.

Despite the terms of the probation order, Kline's probation officer gave him permission to live in a suite in the same house as JH, and his sister and mother.

Kline became friendly with JH's mother, DH (a single mom). He actually TOLD her that he was not allowed to have contact with children under the age of 18. (Although he told her it was because he had been convicted of having sex with a 17 year old prostitute).

When the probation officer learned that Kline was living in the same house as two young children, he warned the mother DH not to allow Kline to be alone with her children but he did not tell her that Kline had been convicted of assaulting young boys.

DH lied to the probation officer and said that Kline had no contact with her children.

In fact, Kline spent lots of time with JH, babysitting him, watching movies, teaching him how to fish and ride a bike. He sexually assaulted JH over a nine month period.

The trial judge found that the probation officer was negligent and held the Province of British Columbia vicariously liable for his negligent acts. The trial judge also found the mother, DH 5% responsible for leaving JH with Kline when she had been warned not to do so.

The province appealed the finding of vicarious liability. DH appealed the finding that she was partly responsible.

The Court of Appeal confirmed the finding of the probation officer's negligence:

The probation officer was clothed with the responsibility to approve the residence of Mr. Kline, and was the only reliable channel of information to residents living near Mr. Kline as to the danger he posed, and to whom.

The province argued that it should be immune from vicarious liability because:

...the decisions or actions in issue in this case were taken in the exercise of public discretion and therefore a duty of care should not extend to such discretionary decisions for reasons of public policy.

The Court of Appeal rejected the argument:

...the probation officer’s task was management of the parameters already put in place by the sentencing judge. As such, I do not view Mr. Gill’s function in relation to J.H. as reaching the high policy level contemplated by the authorities as required before immunity from liability is assured at this stage of the analysis.

The Court overturned the trial judge's ruling that DH was only 5% responsible, finding instead that DH was equally to blame for the sexual assaults and split liability (fault) 50-50 between DH and the province.

...D.H. contends that she is not at all at fault. I do not agree. D.H. was advised of the term of the probation order. Although she chose not to comply with it on the basis she did not know the underlying offence was a sexual assault against a person of her son’s profile, that is not an answer to her election to permit her children to be with Mr. Kline contrary to that order. Nor does she have a good answer to the falsehood told to the probation officers that Mr. Kline did not have contact with her children.

Some people may have a problem with holding a mother responsible for the sexual assaults of a convicted sex offender. Hasn't the family suffered enough?

I have to say I agree with the balancing act by the Court of Appeal in this case. The mother was told that Kline wasn't supposed to have contact with children. She knew he had been convicted of sexual assault. Frankly, what parent in their right mind would allow a convicted sex offender to be alone with their children?!

Continue reading "Province & Mom Responsible for Sexual Assault on Child by Sex Offender: B.C. Court of Appeal" »

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" »

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.

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.

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.

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.

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.

I don't normally blog about abuse cases outside North America but this horrible case just cannot go unmentioned.

Unfortunately, this case is just so profoundly disturbing, and so incredibly sad, that I cannot put how I feel about this into words.

You can click here or here for a time line.

Here is some of CNN's coverage.

May God have mercy...

Perry Dunlop told the judge in charge of the inquiry into sexual abuse claims in Cornwall Ontario that:

"I will never go to that public inquiry in Cornwall even if you put a gun to my head,"

CBC news has reported that lawyers for Ontario's attorney general and the inquiry commissioner offered Dunlop one last chance to testify before the inquiry on Monday, but he refused.

We've written about Dunlop's opposition to the inquiry before:

Cornwall Sexual Abuse Inquiry Wants Former Police Officer held in Contempt

Former Police Office Arrested for Failing to Testify at Sexual Abuse Inquiry

Dunlop uncovered allegations of sexual abuse that triggered a four year police investigation resulting in more than a hundred sexual abuse charges but only one conviction.

So what do you think? Without his testimony can the inquiry ever get the full story?

A child who suffers from a form of autism called Asperger's Syndrome was jailed, sexually abused and subdued with stun guns while he was in the custody of provincial authorities. The New Brunswick government is now being sued over its alleged failure to properly care for the boy.

A recent report by Child and Youth Advocate Bernard Richard, that I wrote about last week found gaping holes in the province's support system for troubled children.

The lawsuit alleges that the boy was taken from his parents when he was 14 and placed in the protective care of provincial authorities.

"They thought they had no choice, but they also thought Family and Community Services would take good care of the child," said the boys lawyer

"They now realize they were wrong."

Because of his autism, the boy was bullied and isolated at group homes, as a result his behaviour deteriorated and led to police intervention.

The child was arrested when he turned 15. He was placed in a holding cell in a jail where he was repeatedly sexually abused by a guard. The guard was convicted of sexual assault.

On two other occasions, police used stun guns to bring the boy under control.

The province has denied all of the allegations in the lawsuit.

Richard's report, Connecting the Dots is an indictment of the state of mental health services for youth in New Brunswick. Unfortunately mental health services has not been a priority for many governments and it remains to be seen what steps the province of New Brunswick will take to implement the 48 recommendations in the report.

What do you think? Will the government act on the recommendations? Or are lawsuits and the threat of further litigation the only option?

A class action lawsuit on behalf of former students of St. Andrew's College in Ontario who say they were sexually abused has suffered a set back. Students who say they were sexually abused by former teacher John Bradley have filed a class action seeking compensation.

In a highly unusual move, the proposed lead plaintiff applied to the court for an order requesting immunity from costs. In other words, if the proposed class action is not certified , or if the claim is not successful at trial, the lead plaintiff does not want to be responsible for paying costs (legal fees) to the Defendants.

Under the Ontario Class Proceedings Act an award of costs is solely within the discretion of the court.

In considering the request, Justice Lax stated:

Costs awards can be used as a powerful tool for ensuring that the justice system functions fairly and efficiently. They can promote settlement, encourage efficiency in the conduct of litigation, and sanction improper conduct. Danier, Okanagan and Little Sisters, all very recent decisions of the Supreme Court of Canada, send a strong collective message that it is the exceptional case that will warrant preferential treatment with respect to costs and that the general rule that costs follow the cause has not been displaced in litigation, even in issues of public importance. It follows that there must be very compelling reasons to immunize a litigant in advance from an adverse costs award.

Justice Lax ultimately denied the plaintiff's motion saying:

What P.M. seeks is an order that he pay no costs in any event of the cause. Such an order is rare. In the context of a proposed class proceeding where a significant portion of the costs are associated with the motion for certification (estimated by SAC to be approximately $380,000 on a substantial indemnity basis), it would not only be contrary to well-established principles for awarding costs, but unfair.

You can read the whole decision here.

The former premier of the Northwest Territories, Joe Handley, has been accused of covering up allegations of sexual abuse of Inuit students in isolated Arctic schools.

The Globe and Mail has reported that lawyer Geoffrey Budden represents 69 Inuit who say they were victims of convicted sex offender Ed Horne when they were between six and 17 years old. Mr. Horne was their teacher in the 1970s and 1980s.

Budden claims:

"Rather than the school reporting it to the police, the teacher being fired and investigated and charged, the practice seems to have been to allow the teacher to resign or perhaps transfer,"

Premier Handley has been linked to the abuse claims because Budden has filed a motion claiming there is evidence that the government, like the Catholic Church, had "policies or procedures" that treated child sexual abuse by teachers as an internal matter.

The allegations of systemic abuse in the NWT lawsuit are similar to the widespread physical, sexual and racial abuse that took place in Canada's Indian Residential Schools. The Residential Schools class action settlement is the largest class action settlement in Canada and, to date, the largest abuse claims settlement in the world. I posted details here and here and here.

A Portland Oregon man has sued the Boy Scouts of America and its local Cascade Pacific Council for more than $3 million, alleging sexual abuse by two troop leaders in the mid-1970s.

The Plaintiff's lawyer, Kelly Clark was quoted in a story reported in The Oregonian as saying:

"We also intend to prove that the Boy Scouts were well aware, by at least the 1960s, that they had a serious, institution-wide infestation of child abuse, stretching across the country, involving hundreds of predators and thousands of children."

There have been sexual abuse lawsuits filed against the Boy Scouts here in Canada, see for example S.C. v. Boy Scouts of Canada . There have also been dozens (perhaps hundreds) of successful lawsuits across Canada where the perpetrator was affliated with the Boy Scouts and used this to prey on his victims.

However, I am not aware of any successful claims alleging systemic problems in the Boy Scout organization.

This suit in Oregon will be an interesting one to watch. If Clark is successful in proving a national cover up, we are likely to see a flood of lawsuits similar to those being filed against the Catholic Church and those suits are likey to also be filed here in Canada.

Judge John R. O'Malley denied the Diocese of Kansas City-St. Joseph summary judgment Friday, after hearing arguments based on Powel v. Chaminade, which added new wording to how the statute of limitations can be applied in sexual abuse claims. The ruling allows a court to consider when a plaintiff not only recalled the alleged abuse, but recognized the harm it inflicted.

O'Malley's decision allowed the lawsuit to proceed to a jury verdict. The Diocese settled within days.

The ruling means Missouri's law is now similar to Canada. The 1992 decision of the Supreme Court of Canada, M (K) v M (H), removed a major barrier to lawsuits by ruling that provincial limitation periods do not begin to run until the plaintiff is reasonably capable of discovering the wrongful nature of the defendant's acts and the nexus between those acts and the plaintiff's injuries.

Nova Scotia became the first Province to amend its Limitation of Actions Act to provide that the limitation period for sexual abuse cases does not start to run until the victim is aware of the full extent of the abuse and the injury suffered. In 1994, British Columbia amended its Limitation Act to eliminate all limitations for causes of action 'based on misconduct of a sexual nature' or 'based on sexual assault'. The rest of the Provinces enacted similar legislation shortly thereafter.

Frank Douglas has posted another interesting article about the Los Angeles priest abuse settlement on his Voice from the Desert blog.

He highlights an important part of the Los Angeles settlement (perhaps the most important part); the requirement for the Archdiocese to release to the public documents about it's knowlege of the predatory habits of the Archdiocese's sexually abusive priests.

Sexual abuse thrives on secrecy. Sexual predators manipulate their victims through shame and guilt. The article points out that:

when the predators' names come out, other victims of the same perpetrator are often empowered to come forward.

Unfortunately, in some cases the names come out too late. In one case I am currently involved in David Martin took his own life because he could no longer deal with the pain of the sexual abuse he had suffered at the hands of Father Hugh Vincent MacDonald. His suicide note disclosing the abuse launched a police investigation that uncovered dozens of MacDonald's sexual abuse victims, most of whom I now represent. Unfortunately MacDonald died before he could be tried and convicted, robbing his victims of the opportunity to hold him accountable.

I read an interesting story comparing myths and facts about child sexual abuse. The author points to research which suggests one reason why the Catholic Church has had such difficulty coming to terms with the reality of sexual abuse by it's priests:

Males are less likely to believe victims complaints - particularly when sexual abuse is involved. Female respondents were more likely to believe victims who speak up. Males were more likely to believe children who made allegations of physical abuse. Men were not so likely to believe allegations of sexual abuse.

This is an interesting finding that needs more investigation. It could explain why it was so difficult to convince predominantly male law enforcement of the pervasive nature of this problem in our society and why it was so hard for the male leadership of the church to believe that their male colleagues were abusing children.

I have represented hundreds of victims of childhood sexual abuse and dozens of victims of priest sexual abuse. In most of those cases I was not convinced that the "male leadership of the church" did not believe the victim. On the contrary, the allegations were believed but the sexual offender was simply shuffled off to a different parish to continue his predations.

However I agree wholeheartedly with one of the authors conclusions:

None of us is immune to making assumptions. It is important to note, however, that these perceptions can and do influence treatment, investigations and community responses. Raising our awareness about these perceptions can help us be open to dealing with the situations that arise before us with integrity, compassion and empathy.

When we do that, we open the door to those who are suffering in our midst to speak up and tell us about their pain. That is the beginning of healing.

Take a look at the rest of the story here.

For the first time, in Louisiana, a man has been convicted and sent to prison for creating sexually grahic child pornography. Jerry Lucas was sentenced to 21 years in prison for sexually exploiting a child via the creation of sexually graphic images.

Lucas appeared in the 14 pictures that FBI agents found during a search of his home. Agents also recovered his laptop computer, Polaroid camera, digital camera and other items related to his sexual predation. The federal prosecutors relied on laws that prohibit possession or creation of child pornography on computers "manufactured outside the state of Louisiana and transported in interstate and foreign commerce," as counsel put it.

In case anyone is under the mistaken impression that sexual predators are a problem that is limited to the Catholic Church, Justice Stach of the Ontario Supreme Court recently released his decision convicting Anglican priest Ralph Rowe, who was charged with 56 counts of sexual abuse against more than 25 boys between 1975 and 1987.

Rowe was an Anglican priest, an organizer and leader of boy scout and choir groups, and a pilot in remote aboriginal communities in Northern Ontario. Rowe was convicted on charges of indecent assault and sexual assault including sexual fondling, digital penetration and anal rape.

The entire decision is reported at R. v. Rowe, [2007] O.J. No. 2971. You can read the decision here.

A Grade 7 teacher from Park West school in Clayton Park in Halifax has been charged with sexual touching, and sexual assault against two boys. Scott Gordon Comeau has worked for the Halifax Regional School board since 1996.

More details here .

The Supreme Court of British Columbia just released a decision assessing damages for W.B., a victim of sexual abuse by his adopted father J.B.

W.B. was sexually abused by foster siblings when he was 8 years old. When he was 10 he was placed for adoption in the B household where he engaged in sexual relations with his adoptive siblings. When his "adopted" father J.B. learned of the sexual contact, he began to sexually abuse W.B. for more than a year.

W.B. became addicted to drugs and alcohol, and was convicted of armed robbery. The psychologist who testified on W.B.'s behalf stated:

…this man suffered significant emotional, physical and sexual abuse as a child while in care. It has left a profound mark on him. It has limited his ability to form stable interpersonal relationships. It has limited his ability to form friendships. He is left in a situation where he has great difficulty trusting other individuals. He suffers from emotional instability with periods of depression and anxiety. This, in my opinion, is directly related to the abuse and neglect that he suffered as a child. He has strength of character to the extent that he has been able to establish himself in a career and also to be in a stable relationship and to function with a family despite the very real deficits that are present.

It is my opinion he is at risk for further emotional problems in the future. There is a relative emotional instability present that in a stable supportive environment he can deal with. However, should that environment change to any great extent, I believe he would be very vulnerable to developing a Major Depression, which would make it very difficult for him to function in society at the level he currently does. I believe he may benefit from counselling, but only to a limited extent. I believe he would have difficulty in trusting a counsellor and opening up and discussing the very real difficulties he has experience in life. He has in the past been able to discuss this to a certain extent with the psychologist he saw before and he may well be able to do so again in the future . . .

The court was concerned with distinguishing between the effects of the prior abuse and referred to the Supreme Court of Canada's decision in Blackwater v. Plint, [2005] 3 S.C.R. 3, 48 B.C.L.R. (4th) 1 where McLachlin C.J. stated:

Untangling the different sources of damage and loss may be nigh impossible. Yet the law requires that it be done, since at law a plaintiff is entitled only to be compensated for loss caused by the actionable wrong. It is the "essential purpose and most basic principle of tort law" that the plaintiff be placed in the position he or she would have been in had the tort not been committed…

J.B.'s non-pecuniary (emotional pain and suffering) damages were assessed at $60,000.00. The court also awarded him two years of lost income, $50,000.00 for the time he spent in jail.

The full decision is reported at W.B. v. J.B., [2007] B.C.J. No. 1564.

This interesting article was written for teachers to assist them in investigating allegations of sexual abuse. While it contains some helpful information including a "validity checklist" to assess children's statements, I thought the best advice in the entire article was contained in one sentence:

"…education staff are not in a position to investigate possible abuse, and child protection procedures should always be followed when a child discloses abuse."

I have been representing victims of sexual abuse for almost two decades. I have found that in most cases, persons in authority who were charged with "investigating" the allegations, simply did not take the allegations seriously, or worse, ignored or covered up the allegations.

It bears repeating that sexual abuse is a serious crime and ANY allegation of abuse must, by statute, be reported to the appropriate authorities.

Today I saw a story in the Arizona Republic by E. J. Montini commenting on the case of a 26 year (female) teacher charged with sexual abuse of one of her teenage students. The teacher was described by the prosecutor as having a "relationship" with the victim.

Here's the full story: http://www.azcentral.com/arizonarepublic/local/articles/0506montini0506.html

As an attorney with a special interest in representing survivors of childhood sexual abuse I agree wholeheartedly that there is a double standard with punishment received by female sex abusers. One only has to look at the statement of the judge who sentenced 43 year old teacher Pamela Moore, who was convicted of sexually assaulting one of the 13 year old boys in her class:

"I really don't see the harm that was done here, and certainly society doesn't need to be worried. I do not believe she is a sexual predator. It's just something between two people that clicked beyond the teacher-student relationship."

Can you imagine the howls of outrage from the public if a judge said a male teacher (or a priest) wasn't a sexual predator because he had "clicked" with a thirteen year old girl? Sexual abuse of a child is a crime and whether the abuser is male or female the trauma caused by the abuse can destroy a child's life.

1. Listen to your child and believe what they tell you. When your child tells you he or she doesn't want to be with someone, pay attention!
2. Participate in your child's activities and get to know your children's friends and their parents.
3. Get to know the people where children gather in a community like Churches and sports facilities.
4. Never leave your child unattended, especially in the car.
5. Be open when your child asks questions about sex. Make sure the answers age appropriate. Be alert for any talk that shows premature sexual understanding.
6. Pay attention to changes in your child's behavior or attitude.
7. Pay attention when someone shows what seems to be greater than normal interest in your child.
8. Make unannounced visits to your child's babysitter, day care or school. Make certain they will release your child only to you or someone you officially designate.
9. Check to see if your child's school includes sex-abuse prevention training.
10. Let your child express affection on their own terms. Do not insist that your child hug or kiss people.
11. Pay attention when an adult uses social occasions to focus on befriending your child or taking your child away for private time that seems out of the ordinary.
12. Do not allow your child to go alone on vacation, drive around or spend the night with anyone that has not proven to be trustworthy.
13. Do not assume that a person is trustworthy because of their position, title or because they work in a place where children gather.
14. Trust your instincts.
15. Pay attention!

Here's a link to the National Clearinghouse on Family Violence, a publication of the Public Health Agency of Canada:

http://www.phac-aspc.gc.ca/ncfv-cnivf/familyviolence/html/nfntsxagrsex_e.html

The article contains some frightening facts:

• The most extensive study of child sexual abuse in Canada was conducted by the Committee on Sexual Offences Against Children and Youths. Its report indicates that, among adult Canadians, 53 percent of women and 31 percent of men were sexually abused when they were children.
• Most offenders are not strangers to their victims. In most cases, they are well known to their victims.
• Some offenders have abused more than 70 children before any of the victims disclosed the abuse. In cases in which one offender has abused a large number of victims, the abused children are more likely to be male.

The article contains good advice about abuse prevention, support services as well as recommended reading.