Sexual Abuse Claims Blog

Sexual abuse victims often struggle for years with memories of the traumatic abuse they suffered as children. In some cases, the experiences are so traumatic that they block out (or repress) the memories.

This week the Minnesota Supreme Court is hearing a motion to determine the validity of repressed memory in sexual abuse cases.

Courts will not allow expert evidence unless the party seeking to submit the evidence can establish that the evidence is reliable.

In Canada, the Supreme Court of Canada in R v. Mohan decided the test to be applied when considering expert evidence. Mohan sets out four specific criteria for the admissibility of expert evidence. They are:

1.Relevance;
2.Necessity in assisting the trier of fact;
3.Absence of any exclusionary rules; and
4.A properly qualified expert.

The Supreme Court recently weighed in on this issue again in R. v. Trochym where the majority of the Supreme Court Justices reiterated that reliablity is an essential component when determining the admissibility of expert evidence.

Is Repressed Memory Reliable?

Determining the accuracy of a plaintiff’s memory in cases of childhood sexual abuse is critical to the success of a plaintiff’s claim.

When considering evidence relating to repressed memory syndrome the court needs to understand how human beings store memories.

Experts agree that there are three components to our memory:

1.Sensory memory;
2.Short term memory; and
3.Long term memory.

The scientific literature generally agrees that although our ability to store and retrieve memories is usually accurate, memories naturally tend to fade over time.

Factors Resulting in Better Memory

Psychologists have found that there are five factors that tend to result in clearer or better memory retrieval over time:

1.Recency;

2.Meaningful memories (you are more likely to remember the details of your marriage twenty years ago than what you had for breakfast a week ago);

3.Emotional events are more likely to be remember than neutral events. (So you are more likely to remember the drive to work where someone almost crashed into your car than the hundreds of other routine commutes you made every other day of the year);

4.Paying attention. Obviously if someone is focused on paying attention to events around them they are more likely to remember the act than if they are not paying attention; and

5.Reviewed after the event. If you are in a car accident and write down what happened or give a statement to the police or an insurance adjuster you are more likely to remember the event because you have reviewed or repeated the event over again in your mind.

Dates are Difficult

Experts have found that specific dates are very difficult to remember unless they can be tied to a specific event or milestone. In other words, you are more likely to remember an event that happened in the past because you remember that it happened after your birthday party than you are to remember an event that happened on a random uneventful day.

Does Trauma Effect Memory?

Sexual abuse lawyers, and experts who treat survivors of childhood abuse, have to consider what effect trauma has on memory. The weight of scientific evidence appears to indicate that the content of traumatic memories are usually accurate and can be retained over very long periods of time.

Traumatic memories appear to be different than ordinary memories. They tend to be very vivid despite the passage of time and often are re-experienced as flashbacks (one of the symptoms of post traumatic stress disorder).

One of the most common differences between traumatic memories and ordinary memories is that gaps in recall or fragmented memories are very common. Memories tend to be disjointed or lack detail.

Fragments?

Psychologists believe in situations of extreme emotion, a victim’s attention may be narrowed, causing fragmentation of their memories.

Victims may dissociate during and after traumatic events.

Finally, victims may repress the memories all together. Psychologists believe that repression of traumatic memories may be a means of coping. The fact that child abuse often takes place secretly means that the events are not likely to be reviewed at a later date (one of the factors which helps increase recall).

What about False Memories?

Defendants in sexual abuse cases often claim the victim is experiencing false memories. See for example:

Priest Sex Abuser Appeals Conviction: Denies Existence of Repressed Memory

Repressed Memory of Sexual Abuse a Creation of the Media?

Can False Memories be Created?

It does appear that false memories can be implanted. The ability to create and implant false memories tends to depend on the importance of the event and the likelihood or plausibility of the memory.

Experts agree that false memories are more likely if the suggested event is believable, plausible or has some basis in reality.

For example, I normally stop at a local drive through for a coffee on my way to work in the morning. Experts suggest that it would be possible to implant a false memory that in addition to my coffee I bought a donut on my way to work. On the other hand, it would be unlikely that I would go to the drive through and buy a watermelon.

Experts have determined false memories for positive events (like a birthday party) and neutral events (wearing a blue baseball cap) are more likely to be produced than false memories for negative events (like sexual abuse).

Amnesia

Can you forget traumatic events?

It is well documented that traumatic events can be forgotten. Studies of war veterans has determined that combat trauma can result in amnesia.

There are well documented studies proving amnesia for victims of childhood physical abuse, rape victims, car accident victims and survivors of natural disasters.

Childhood Sexual Abuse

Studies of victims of documented childhood sexual abuse have shown that between 20% to 60% of abuse survivors are reported having times in their lives when they had no memory of their childhood abuse.

Studies also appear to confirm that recovered memory is as reliable and accurate as continuous memory in studies that compared abuse that was documented in hospital records.

What does it all mean?

Victims of childhood sexual abuse can have periods where the abuse is forgotten and then remembered at a later date.

Traumatic memories may be fragmented or disjointed but generally tend to be accurate.

False memories can be implanted but it is unusual and very unlikely if a memory is of an improbable or unusual event.

Finally, memories can be recovered and corroborated by objective third party evidence.

Continue reading "Court to Rule on Reliability of Repressed Memory in Abuse Case" »

Invisible Injuries

One of the greatest challenges in representing survivors of childhood abuse is the fact that, for the most part, the injuries are invisible. That is to say, they are primarily psychological. You cannot point to an x-ray, CT scan or MRI to show the nature and extent of a psychological injury. So in that sense, sexual abuse claims cause "invisible" injuries.

Sad Life Defence

Frequently survivors of childhood sexual abuse will have experienced other traumatic events (either before or after the abuse that is the subject of litigation). In these circumstances defendants usually argue that the pre or post traumatic incidents are the true cause of the plaintiff’s injuries. Therefore because the plaintiff has lead such a sad life, his or her compensation should be reduced (or eliminated) because the plaintiff’s harms and losses were actually due either in whole or in part to other sad and traumatic events.

Indivisible Injuries

My colleague Erik Magraken summarized a recent decision of the BC Supreme Court Estable v New, that deals with how to determine appropriate compensation when injuries are "indivisible".

Although the case Erik references is a motor vehicle claim the legal principles involved in calculating losses are the same as those that apply in sexual abuse cases.

Madam Justice Gropper explains that divisible injuries are those which can be clearly determined and separated. For example, injuries to different parts of the body which were not caused by the defendant’s actions.

In sexual abuse compensation claims where the injuries are almost entirely psychological it is rarely the case that one can clearly establish cause and effect between traumatic events that predate and postdate the abusive acts.

As Justice Gropper explains:

Indivisible injuries are those that cannot be separated, such as aggravation or exacerbation of an earlier injury, and injury to the same area of the body, or global symptoms that are impossible to separate… If the injuries are indivisible, the Court must apply the “but for” test in respect of the defendant’s act. Even though there may be several tortious or non-tortious causes of injury, so long as the defendant’s act is a cause, the defendant is fully liable for that damage.

What Does it Mean?

The decision clearly shows that defendants who spend a great deal of time in pursuing the “sad life” defence are, from a damages calculations standpoint, wasting their time.

However, I think it is unlikely defence counsel will stop pursuing these types of defences if only because they “muddy the water” and make cases more confusing and complex.

Human nature being what it is when something is confusing or complex we tend to revert to the status quo. Which, in the case of a sexual abuse survivors, means not awarding fair and adequate compensation.

Boy Scouts Canada kept a secret list of scout leaders and volunteers who had been convicted of, or accused of sexual abuse according to an investigative report by CBC’s Fifth Estate.

Secret List of Abusers

According to media reports the Boy Scouts of America have long maintained a list of scout leaders and volunteers who had been accused of inappropriate sexual behavior with children.

The investigation in Canada indicates that Boy Scouts Canada maintain a similar list.

The spokesperson for Boy Scouts Canada claims Scouts Canada has never maintained a list of scout leaders and volunteers who have been accused of abuse.

Safety Requires a List

It is not surprising to me that an institution like the Boy Scouts, where volunteers are in a position of authority over young vulnerable children, would maintain a list of volunteers who had been found to have acted inappropriately.

In fact, I think it would be prudent for any organization involved with children to maintain such a list. I would go so far as to say that it would be negligent for Scouts Canada not to maintain this kind of a list. What raises concerns is the fact that these lists (if they exist at all) were secret.

Secrecy Protects the Abusers

Child abuse is a crime of secrecy. Pedophiles use their influence and authority to prey upon vulnerable children. They threaten, intimidate or cajole their victims into maintaining their silence which enables pedophiles to continue their predations.

Reporting Abuse is the Law

The fact that children who are being abused may not be in a position to report what is happening to them is what lead the governments of every province to enacted legislation requiring persons in authority to report suspected cases of child abuse.

Unfortunately, there are some institutions that believe that the reputation of the institution is more important than protecting children. Therefore, persons in authority within the institution fail to notify authorities when an adult within their ranks is found to have committed inappropriate acts with children.

Churchs Fail to Report

We have seen this time and time again with religious institutions, particularly the Catholic Church.

The Catholic Church is perhaps unique in that the Code of Canon Law requires the Bishop of each diocese to maintain a “secret archive” of any accusations of inappropriate conduct made against priests. Canon 1719

Litigation against Catholic Churches throughout North America has uncovered many examples of instances where the bishops or officials from the Vatican have sought to interfere the obligation to report to the authorities.

See for example:

The Catholic Church and Sexual Abuse

Different Players - Same Script

Unfortunately, it appears from the Fifth Estate Investigation that the Boy Scouts of America and Boy Scouts Canada felt that it was more important to protect the reputation of the Scout movement than it was to protect the children who were being preyed upon by pedophile scout leaders.

Silence Protects Abusers

Sexual abuse is a crime of secrecy. Pedophiles can only commit their offences when they are protected by the shadows of secrecy. It is only when pedophiles are exposed by the glaring light of public disclosure that they can be held accountable.

That is why I say to abuse survivors" If you have been sexually abused tell someone!"

Be it a family member, a friend, a health professional or a counselor. The best way to get help and to prevent the abuse from happening to others is to disclose what happened.

As a public service we have prepared a directory of professionals who provide counseling services to abuse survivors in the Atlantic Provinces. If you would like to receive a copy of the directory, at no charge, please feel free to contact me through this blog.

The Archdiocese of Boston recently decided to post the names of 159 priests who have been accused of sexual abuse. The Archdiocese also noted they have received allegations against 91 other priests. However, the names of the priests involved have not been made public. There is no indication if this is because the allegations have not been validated by the Church.

Change in Policy

The disclosure represents a rather radical shift in the traditional approach taken by the Catholic Church towards allegations of sexual abuse.

In the past, when a Diocese has validated claims of sexual abuse and compensated victims the church has often insisted on confidentiality or non-disclosure clauses as a condition of settlement.

Cardinal Sean O’Malley says the new approach is an attempt to help the church reach out to victims of abuse and their families. In a letter accompanying the announcement O’Malley stated:

“It is my deepest hope and prayer is that the efforts I am announcing today will provide some additional comfort and healing for those who have suffered from sexual abuse by clergy and will continue to strengthen our efforts to protect God’s children…”

What Will Canadian Bishops Do?

The disclosure is a good first step to ensuring transparency over the issue of childhood abuse by priests. I support the initiative and would call on the Canadian Conference of Catholic Bishops to instruct Diocese in Canada to adopt similar policies in Diocese's across Canada.

What Do You Think?

Should the names of priests accused of sexual abuse be made public? What if there is no criminal conviction but the claim has been validated by the Church? What if the priest is dead?

Let me know what you think.

I was pleased to see that a class action lawsuit filed by former residents of two institutions for developmentally disabled people has been certified by Justice Horkins of the Ontario Superior Court of Justice.

The class action was filed on behalf of David McKillop by his litigation guardian Christine Victoria Grace Clarke. The class action against the province of Ontarion involves two schools, Rideau Regional Center in Smith Falls, Ontario and South Western Regional Center in Chatham, Ontario.

Former residents of the institutions claim that they were physically and mentally abused after being placed in the institutions.

The class actions were filed by my colleagues at Kirk Baert and Celeste Poltak at Koskie Minsky. I had the pleasure of working with Kirk and Celeste during the certification hearings for the National Indian Residential Schools class action, Baxter v. The Queen.

You can read a copy of the certification order.

Versatility

This decision proves, once again, what versatile tool class action legislation can be. The proposed class members in these claims, mentally disabled persons who were placed in the care of the government, are among the most vulnerable of potential victims.

Goals

Courts in Canada have enumerated three key goals of class action legislation. One of the goals is "access to justice".

There is no way that the individual class members would ever have been able to successfully enforce their legal rights on an individual basis. The proposed claims are the best way fexample in the way which class actions provide access to justice for Canadians.

I’ll be watching the litigation with interest.

Readers may be interested in my recent post to my Atlantic Canada Personal Injury Lawyer blog.

Vatican Denies Responsibility for Sexually Abusive Priests examines some recent American litigation against the Vatican and compares it to the situation here in Canada.

The post has been getting some interesting comments. Feel free to comment and share your thoughts.

Our Court of Appeal has released their reasons in the appeal of L.M.M. v. Attorney General (Nova Scotia).

The appellant/plaintiff L.M.M. was sexually abused by his probation officer, Cesar Lalo. Lalo was convicted of assaulting the boy. As a result of the sexual abuse the trial judge stated:

So I have examined these two life patterns. There is no doubt in my mind that the Lalo "event" generated a significant and lasting change in LM's life plan. And I have asked myself what was the hope and promise of his life before Lalo. Could he have lived even a conventional or somewhat normal life, but for this event? Will he ever get back on the track his life might have taken but for this event? What is the long-term difference between the life he has today and one he might have had, if the probation officer he met was an honourable and decent man. LM's life changed dramatically for the worse after he passed through that sliding glass door into Caesar Lalo's "care" at the age of 13.

The judge awarded L.M.M. $125,000.00 for non-pecuniary damages (“pain and suffering”) and $250,000.00 for pass and future loss of income.

The judge did not order any compensation for ongoing psychological counseling.

L.M.M. appealed the income loss award as well as the judge’s failure to award future care costs. The Province launched a cross-appeal claiming that the award for general damages and income loss were inordinately high based on the fact that the trial judge had refused to accept the evidence of the plaintiff's psychological expert.

The Court of Appeal confirmed the awards for general damage and income loss.

However, the court found that there was uncontroverted evidence that the plaintiff suffered significant psychological problems and had required, and was going to require, ongoing psychological counseling.

The Court of Appeal referred to the trial judges findings:

LM is well aware of his current addiction issues and acknowledges he may now benefit from future counselling. He has even identified psychologist S. C., as someone with whom he made progress.

The Court of Appeal felt that the trial judge's failure to award compensation for cost of future care was an “oversight” and ordered the Province to pay the plaintiff an additional $60,000.00 for past and future psychological counseling.

The case recognizes that general damages and past and future income loss are highly fact specific.

However, the decision also recognizes that the damage caused by childhood sexual abuse can be significant and the treatment necessary to recover from the effects and financial consequences of that treatment can also be significant. I believe this is the largest award in Nova Scotia for future care that is purely for psychological counselling.

Great article by Bob Weber of the Canadian Press about the hunt to bring Eric Dejaeger to justice.

Dejaeger a catholic priest, pleading guilty to sexually abusing nine children while he was in Nunavet. He was released after serving less than a year in jail. RCMP then charged him with three counts of indecent assault and three counts of buggery stemming from his time in Igloolik.

Dejaeger fled to Belgium after being charged. He lived freely and openly with the Oblates in Brussels despite the efforts of the Canadian authorities to extradite him to face charges.

The article details how Sylvia McEachern and Lieve Halsberghe used the internet to publicize the charges, and the indifference of the authorites, to ultimately bring Dejaeger to justice.

A tremendous example of what two committed women, and the global reach of the internet can accomplish.

The Vatican's Guidelines to Bishops for dealing with claims of priest sexual abuse has now been released.

Cardinal William Joseph Levada, Prefect of the Congregation for the Doctrine of the Faith, also released a brief letter accompanying the Guidelines.

Levada says that the Guidelines were drafted to "...facilitate the correct application" of the Pope's previous instructions.

Deadline

It is interesting that the Vatican has imposed a deadline on Bishop's to respond. They are required to: "... send a copy of the completed Guidelines to the Congregation by the end of May 2012".

So it appears that the Vatican wants to know what the various Bishops are doing and may even be planning on offering feedback or suggestions to the plans proposed by each Diocese.

Obeying the Law not Mandatory

But the Vatican stops short of ordering the Bishops to comply with laws requiring the reporting of sexual abuse of minors. The Guidelines state:

"Specifically, without prejudice to the sacramental internal forum, the prescriptions of civil law regarding the reporting of such crimes to the designated authority should always be followed".[Emphasis added]

The Guidelines recognize that child abuse is a crime. But the Vatican isn't prepared to require Bishops to report crimes of sexual abuse.

Action or Window Dressing: What do you think?

By recommending that Bishops "should" comply with laws requiring reporting of crimes against children, instead of emphatically stating that Bishops MUST comply with the law, the Vatican shows that these Guidelines are more in the nature of a public relations exercise, rather than a legitimate attempt to address sexual abuse by priests.

Today Amnesty International published it's annual report Amnesty International Report 2011: The State of the World’s Human Rights, which examines human rights offences in various countries throughout the world.

The report concludes:

“...the Holy See did not sufficiently comply with its international obligations relating to the protection of children”.

The report slams the Vatican for failing to comply with international treaties protecting the rights of children.

Words

The report points out that the Pope has publicly condemned child abuse:

“...the pope acknowledged the abuses during visits to countries where they had been reported . . . and expressed regret...

“He affirmed that ‘just penalties’ should be imposed to exclude perpetrators from access to young people and stressed that to prevent abuses, education and selection of candidates for priesthood should be improved.”

But No Action

Despite the Pope's public statements, Amnesty points to a lack of action by the catholic church and the Vatican in taking decisive action to deal with the crisis of priest sexual abuse.

It found there was:

“...increasing evidence of widespread child sexual abuse committed by members of the clergy over the past decades, and the enduring failure of the Catholic Church to address these crimes properly, continued to emerge in various countries...

...including not removing alleged perpetrators from their posts pending proper investigations, not co-operating with judicial authorities to bring them to justice and not ensuring proper reparation to victims”.

Reaction?

The Vatican has been named by an internationally known human rights watchdog.

But will it finally be shamed into taking action?

What do you think?

The Associated Press reports that the Vatican's Congregation for the Doctrine of the Faith plans to release new guidelines advising Bishops on how to deal with cases of sexual abuse of children by priests.

The guidelines have been in the works for at least six months. In November last year, Cardinal William Levada indicated the Vatican would recommend establishing prevention programs, better screening of priests and advise Bishops to obey civil reporting requirements.

Need a Recommendation to Obey the Law?

Every province in Canada (and in most jurisdictions around the world) have laws that require persons in authority to report suspected child abuse to the police or appropriate child protection agency. It is a sad commentary that the Vatican apparently feels it is necessary to remind Bishops of their obligation to obey the law.

Voluntary not Mandatory?

I find it interesting that the Vatican's news release is referring to "guidelines" rather than "rules". This suggests that the Vatican will allow Bishops to decide whether to implement the recommendations.

What happens if a Bishop fails to implement the precautions that the Vatican appears to be poised to recommend? Will there be any consequences? Other than to victims who may be abused if Bishops do not implement the "guidelines"?

Liability Issue?

Perhaps the Vatican is trying to avoid the possibility of the recommendations being used against the Church in future litigation. If the recommendations are mandatory rules, and they are not followed, it makes it easier for victims of abuse to prove negligence on the part of a Diocese.

On the other hand, if the recommendations are merely "guidelines" Bishops are free to argue that, given the circumstances of their particular Diocese, it was not necessary to implement the recommendations.

I will post copies of the "guidelines" when they are made public.

Justice David Little issued a damning decision today castigating former Bishop John Sherlock and the Roman Catholic Church for years of covering up sexual abuse by Canada's most notorious pedophile Father Charles Sylvestre.

Cover Up

In a strongly worded judgement Justice Little stated:

"There was a coverup by the Diocese. There was a coverup by the Roman Catholic Church itself. The coverup was for the benefit of the Diocese and church and the expense of the victims..."

Victim Compensated

Justice Little awarded the plaintiff K.M.M. over $600,000.00 compensation for pain and suffering, income loss and out of pocket expenses.

No Punishment Necessary

Unfortunately Justice Little did not see fit to order the Diocese of London to pay punitive damages. Punitive damages are awarded when a defendant's conduct is so outrageous and reprehensible the court feels it is necessary to award further damages as a deterance.

Little said “the serious nature of the negative impact upon the victims” has only recently been studied and that the Diocese of London has taken “substantial steps to address the issue of sexual abuse.’

“It would appear that numerous positive steps have been taken to rectify the problem so that at least the Diocese itself need no longer be punished for failing to act appropriately...”

I say the same thing to all of my clients before they take the step to file a sexual abuse compensation claim. No amount of money is enough. No amount of money will make a survivor forget or erase what happened. Unfortunately money is the only way the civil courts have of holding abusers, and those that protect them, responsible.

However I have to say that I am disappointed that Justice Little did not think the Diocese intentionally covering up Charles Sylvestre's years of sexual abuse was worthy of punishment because the Diocese has issued an apology to victims.

I applaud K.M.M.'s courage for coming forward and actually proceeding through what was no doubt a difficult and exhausting trial.

More Information

Church Knew About Canada's Worst Pedophile Priest

Sex Abuse Help Fund Doubled

The Province of British Columbia was recently held vicariously liable for the sexual abuse of a convicted sex offender who sexually abused a minor hockey player that he was coaching.

Reasons for judgment were recently released by Justice Dley in D.K.B. v. Her Majesty the Queen in Right of the Province of British Columbia.

Failure to Notify

The plaintiff D.K.B. was described as a talented 13 year old hockey player. He was sexually abused by his coach, Richard Hall, a convicted sex offender, on two occasions. The Province of British Columbia was held to be vicariously liable for the sexual abuse because Hall's probation officer knew he was coaching hockey and the probation officer failed to notify the Minor Hockey Association that Hall was a convicted sex offender.

Professional Hockey Career

D.K.B. went on to play junior hockey and then professional hockey in the Western Hockey League.

When he was 17 years old D.K.B. was drafted in the eighth round of the NHL draft by the Toronto Maple Leafs. During his 9 year professional hockey career D.K.B. earned about $200,000.00. He claimed that, if it were not for the sexual abuse, he would have gone on to a much more successful and lucrative professional career.

Judges Reasons

Justice Dley concluded that:

“...the abuse likely resulted in an impairment of the plaintiff’s ability to earn income.”

Dley found that D.K.B. suffered from a personality disorder which:

“...caused significant interpersonal problems disrupting the plaintiff’s ability to develop close relationships with his peers.”

No Loss of Scholarship

The court held that D.K.B.'s decision to forgo an NCAA scholarship was not materially connected to his sexual abuse and awarded no damages for that loss.

However, the court was:

“...satisfied that the plaintiff’s disorders, which affected his mental health, had a negative impact on the mental and emotional tools required to fully realize ones potential as a professional hockey player”.

The court concluded that the losses suffered by D.K.B. amounted to the loss of a first contract (a 3 year contract) with an NHL team. The court believed that there was a reasonable possibility that the disorders from the sexual abuse were the cause of NHL teams not offering a contract to the plaintiff.

Loss of Signing Bonus

The court concluded that D.K.B. suffered a loss of a potential $175,000.00 as a signing bonus for joining an NHL team.

Loss of Salary

The court also found that the plaintiff had lost 3 years of salary as an NHL player which totaled $180,000.00.

Lessons Learned

The D.K.B. case points out that not only can sexual abuse have a significant financial impact on persons who are otherwise viewed as successful by the rest of society, it points to the responsibility that members of the justice system have to ensure that sexual offenders are prevented from coming into contact with children and are not provided with opportunities to commit further offences.

Continue reading "Probation Officer Lets Sex Offender Coach Minor Hockey: Province Responsible for Harm" »

Reasons for judgement were recently released in the case of B.M.B v. Fallona et al. .

The plaintiff B.M.B. filed a claim accusing the defendant Fallona, a Roman Catholic priest, of sexually assaulting her.

B.M.B. applied to court for an order requiring Fallona to produce a copy of various physicians’ records who provided mental health services to the priest.

The defendants refused to provide the records.

Lawyers for B.M.B.argued that because she was a minor when she was allegedly sexually assaulted, the defendant priest, Fallona met the definition of a pedophile as defined in the 4th edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Health Disorders.

Therefore, argued B.M.B.'s lawyers, Fallona's mental health records were relevant to her lawsuit.

Justice McDermid reviewed the evidence submitted in support of B.M.B's application.

There was no medical evidence to indicate that the defendant had ever been diagnosed with pedophilia.

Justice McDermid stated in his decision:

“Generally speaking a plaintiff is entitled to disclosure of documents “relevant to any matter in issue in the action that is or has been in the possession, control or power of a party to the action” pursuant to R 30.02. Are Fallona’s medical records relevant to an issue in this action? It is elemental that the pleadings define the issues. There is no allegation in the statement of claim, either directly or inferentially, that Fallona is or was a pedophile at the relevant time or indeed at any time.

Therefore, in my opinion, there is nothing in the statement of claim that puts Fallona’s mental health in issue as between the plaintiff and Fallona. What the plaintiff alleges is that Fallona committed one or more sexual assaults, a physical act, against her. For the purposes of her claim for damages arising from those sexual assaults, Fallona’s mental health is not relevant. Moreover, the statement of defence does not put his mental health in issue.”

Justice McDermid denied B.M.B.'s request for an order requiring Fallona to produce his psychological and psychiatric records.

Lesson Learned?

It is trite to say that the pleadings (Notice of Claim) form the basis of the plaintiff’s claim. The facts alleged and causes if action claimed in the plaintiff’s notice of action form the foundation for all subsequent steps in the legal proceedings.

For the purposes of the motion, the court had to assume that the facts, as pleaded, were true. If B.M.B.'s Notice of Claim alleged that the defendant was a pedophile, or otherwise alleged facts that put Fallona's mental health at issue, it is clear that McDermid J. would have ordered production of the defendant’s mental health records.

Sometimes as lawyers we do not give enough thought at the beginning of a proceeding as to how the claim might develop as the matter proceeds. This decision simply points out that drafting the Notice of Claim is not just the first step in the litigation process; it may be the most important step.

UPDATE

I have been contacted by the plaintiff in this case, B.M.B. and she tells me that she has filed an appeal of Justice McDermid's decision.

I wish her the best of luck and applaud her for having had the courage to come forward.

Continue reading "Accused Abuser Doesn't Have to Produce Psychological Records" »

A Jesuit Order that established and ran Residential schools for mostly aboriginal children in the North West United States and Alaska has agreed to one of the largest abuse compensation settlements in United States history.

The $166 million settlement also requires the Society of Jesus, to offer written apologies to up to 500 abuse survivors. The Society is also required to turn over records of approximately 140 priests, nuns, brothers and lay workers accused of abuse from the 1950s through the 1980s.

Largest Catholic Abuse Settlement
The settlement is reportedly the largest abuse compansation settlement by a Catholic order since the world-wide priest abuse crisis began.

The proposed settlement is in addition to previous payments of $50 million in 2007 and $4.8 million in 2008 to other victims of sexual ause in the Jesuit run schools. The Order filed for bankruptcy protection in February 2009 in the face of hundreds of sexual abuse lawsuits.

Hopefully the settlement will provide accountability and some closure to hundreds of children who were abused in the schools.

Largest Abuse Settlement in the World

While the numbers of victims and the amounts of money involved are staggering, they pale in comparison to Canada's national class action settlement for Indian residential school survivors.

The $5 Billion settlement is still the largest historical redress settlement in the world.

Nora Bernard's Courage
I was honoured to have represented Nora Bernard who played a key role in bringing justice to up to 70,000 former residential school students. You can read more about Nora here.

Today's news about the American Residential School settlement reminded me of the first article I posted when I started writing this blog almost four years ago.

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

Did Vatican Letters Order Cover Up?

There is mounting evidence that the Vatican has been instructing Catholic Bishops throughout the world to cover up allegations of sexual abuse against priests.

Vatican Opposed Mandatory Reporting of Sexual Abuse

Recently a letter has surfaced from the Pope's personal representative in Ireland. The letter from Father Luciano Storero, the Apostolic Nuncio to Ireland (essentially the Vatican's ambassador to Ireland) was in response to a policy created by the Irish Catholic Bishops’ Advisory Committee.

Irish Bishops had recommended that all charges of sexual abuse against a priest had to be reported to the civil authorities (the police). This recommendation was a concern to the Vatican:

In particular, the situation of ‘mandatory reporting’ gives rise to serious reservations of both a moral and a canonical nature.

The letter is dated January 31, 1997.

Hide Information from the Courts?

The second letter is perhaps even more disturbing since it implies that the Catholic church does not recognize the authority of the civilian courts in matters pertaining to sexual abuse by priests.

The letter dated January 31, 1994 said to be from Cardinal Silvio Angelo Pio, Prefect of the Vatican's Congregation for the Clergy to Bishop Moreno of Tucson Arizona says in part:

To the second question ("Should we allow or disallow civil lawyers from obtaining Father's personnel records from our Chancery files") we reply that under no condition whatever ought the afore-mentioned files be surrendered to any lawyer or judge whatsoever.

The letter goes on to say:

Your Excellency should therefore make known immediately and with clarity that no priest's files will be sent to any lawyer or judge whatever.

"Under no condition whatever"? Does that mean that the Vatican is ordering the Bishop to refuse to disclose the existence of evidence of priest sexual abuse as required by law. Is the Vatican denying the authority of the civilian courts to order disclosure of such records?

Did the Pope Know?

Before he became the current Pope, Bishop Joseph Ratzinger was Prefect of the Congregation of Doctrine of the Faith since November 1981. The role of the Congregation of Doctrine of the Faith is to "safeguard the doctrine on the faith and morals throughout the Catholic world" and deals with, among other things, the question of priests accused of paedophilia.

It is unlikely that there is anyone in the Catholic Church alive today who would know more about child abuse in the world wide Catholic Church than Pope Benedict XVI.

CNN has investigated this issue: What the Pope Knew.

I have posted about the issue many times. See for example:

Pope Running Out of Persons to Blame for Priest Sexual Abuse

Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church

Documentary Explores Vatican Sexual Abuse Cover Up

What Do You Think?

Are the thousands of sexual abuse allegations against priests around the world a coincidence? Is it reasonable to assume the hierarchy of the Catholic Church wasn't aware of the avalanche of allegations? Do you think they took reasonable steps to address the problem of priest sexual abuse?

Or do you think that the "powers that be" in the Roman Catholic Church intentionally covered up allegations of abuse so as not to besmirch the reputation of the Church?

Please let me know in the comments.

Yarmouth RCMP have charged former Roman Catholic priest, Father Albert LeBlanc with 40 criminal charges of sexual abuse including 11 charges of indecent assault and 29 charges of gross indecency. The alleged assaults involve 3 male victims who were between seven and 11 years of age when the assaults are alleged to have occurred.

The Yarmouth Diocese is already facing compensation claims by victims of three other priests, Father Raoul Deveau, Father Adolphe LeBlanc and Father Edouard (Eddie) Theriault.

Continue reading "More Sexual Abuse Charges against another Yarmouth Priest: Father Albert LeBlanc" »

Perhaps it goes without saying, but childhood sexual abuse is a world wide problem.

Lat week I posted about Oprah's show about male survivors of childhood sexual abuse.

Since the show aired there have been a number of news stories about Canadian men who survived childhood sexual abuse who participated in the show.

Here is a story from The Citizen Newspaper: Ottawa Sexual Abuse Survivor Confronts Past on Oprah Winfrey Show.

The CBC reported on a gentleman from Prince Edward Island: Oprah Talks to P.E.I. Abuse Survivor

I wanted to take a moment to applaud the courage of these men and all the others who participated in the show.

The first step to stopping childhood abuse is to talk about it. To acknowlege that it happens. Only then can we as a society take steps to prevent it from happening in the future.

"Learn from yesterday. Live for today. Hope for tomorrow." Albert Einstein

My wife is a big fan of Oprah Winfrey. She is certainly one of the most influential people in North America (Oprah, not my wife). So I was pleased when my wife told me that Oprah had devoted two days to a show about male survivors of sexual abuse. The first part aired last week. Part two is scheduled to be aired today.

The show is about the stories of 200 adult men who were molested as children. I applaud Oprah’s efforts to encourage male survivors of sexual abuse to come forward.

Disclosure Painful

I have been representing survivors of childhood sexual abuse for almost 20 years. Having represented literally hundreds of survivors of sexual abuse I can say for a fact that male survivors of sexual abuse find it more difficult to talk about what happened to them than the female survivors that I have helped.

The First Step

The first step to stopping childhood sexual abuse is to talk about it. Talking about the reality of childhood sexual abuse will help reduce the stigma for survivors. It will help educate the public about the effects of childhood sexual abuse. It will teach parents, family and friends what to look for so you know when it is happening.

I cannot tell you how many times survivors of sexual abuse have said to me: “I thought I was the only one…”.

You Are Not Alone

If there is one thing male survivors of sexual abuse need to know is: You are not alone!

Resource Guide

Survivors often have a difficult time finding someone they can trust to talk about what happened to them. So I have prepared a resource guide for survivors of sexual abuse that lists counselors throughout Atlantic Canada who specialize in helping sexual abuse survivors. You can get a copy by contacting me.

Continue reading "Oprah Sheds Light on Male Childhood Sexual Abuse " »

I have been representing survivors of childhood sexual abuse for almost 20 years.

Typically these claims involve allegations of historical sexual abuse that happened years ago. Recently, I have been receiving more and more complaints from seniors (or their family members) who allege that they have suffered sexual abuse in nursing homes.

What is Nursing Home Sexual Abuse?

Nursing home sexual abuse is any non-consensual sexual contact with a senior living in a nursing home.

The sexual abuse may be committed by a staff member, a visitor or other residents.

How Does it Happen?

Nursing home sexual abuse often happens because of poor supervision by staff. Residents are vulnerable and easily susceptible to persons who wish to prey on them.

Some seniors may suffer from mental health conditions that make them more volatile or dangerous.

How Often Does it Happen?

Like most types of sexual abuse, victims often don’t report the abuse because they are too ashamed or afraid of their abuser.

Seniors may particularly vulnerable if they suffer from deteriorating mental conditions like Alzheimer's disease or dementia which may impact their credibility. Physical and mental disabilities can make it difficult for senior citizens to defend themselves from their abuser.

There are no reliable statistics to indicate how often nursing home sexual abuse occurs. However, the issue is now being reported in the media and the public is starting to become aware of the problem.

I suspect, like priest sexual abuse, the problem has always been there but it is only now that victims are having the courage to come forward or family members are becoming concerned enough to ask questions.

What to Look For

Family members can help protect their loved ones by remembering these tips:

1. Ask your family member questions and listen to what they tell you. Don’t assume family members complaints are due to Alzheimer's, dementia or other mental health problems.

2. Check your family member every time you visit and look for unexplained bruises or other injuries.

3. Look for personality changes. Do they become withdrawn or fearful when staff members or other residents are in the room?

More Information

Nova Scotia Elder Abuse Strategy

Warning Signs and Risk Factors

Seniors Secretariat

Continue reading "Sexual Abuse in Nursing Homes" »

Convicted sexual abuser and former catholic priest, Donald Grecco has been arrested again. But this time it's not for sexual abuse. It's for violating the terms of his parole.

One of Grecco's victims has filed a sexual abuse compensation claim against Grecco and former Bishop James Wingle. But when lawyers tried to serve notice of the lawsuit on Grecco, the former priest wasn't living where he was supposed to be under the terms of a court order.

Grecco was charged with sexual abuse in September 2008. He pleaded guilty in April 2010 and heis scheduled to be sentenced this month.

He was released on conditions wile he waited for his sentencing hearing. But having violated the terms of the conditions he will now spend the rest of the time untl his sentencing hearing in jail.

Do you think that will teach Grecco that he has to obey the law like everyone else? I doubt it...

UPDATE Grecco's bail hearing has been adjourned. No word why.

More information about Donald Grecco.

From time to time sexual abuse survivors have named the Vatican as a defendant in priest sexual abuse lawsuits.

So far as I am aware, none of these claims have been successful.

I read an interesting post recently on the SLAW blog about the basis of the Vatican's claims for sovereign immunity (the right of the head of a foreign state to be immune from arrest and prosecution).

For those of us interested in the issue of liability for sexual abuse by Catholic priests, it makes an interesting read.

Ontario Priest Charged With More Sexual Abuse Crimes

Catholic Priest Rev. William Hodgson Marshall a former Windsor high school principal is facing two criminal charges of indecent assault in Toronto when Marshall was teaching and coaching basketball at St. Michael's College school in 1953.

More Charges
Today Windsor police announced that Marshall has been charged with six additional charges of indecent or sexual assault for incidents alleged to have occurred in Windsor during the 1950s and '80s.

Marshall taught at Assumption College school from 1954-56 and Holy Names high school from 1985-89.

Toronto police Const. Tony Vella said there may be more victims in Toronto.

"We believe there will be more charges...We're urging anyone that may have been victimized by the man to come forward."

Tip of the Iceberg?
I have been representing survivors of childhood sexual abuse for almost twenty years. I have represented hundreds of victims of priest sexual abuse. In all that time, I have had only ONE case where there was only ONE documented victim.

The sad fact is that the victims that have come forward so far are just the tip of the iceberg. If there is one victim of sexual abuse, there are likely dozens. Sexual abusers cannot be cured. They continue to prey upon their victims until they are caught. Even after receiving "treatment" sexual offenders have a high rate of recidivism (risk of re-offending).

Follow-up studies of sexual offenders typically find sexual recidivism rates of 10%-15% after five years, 20% after 10 years, and 30%-40% after 20 years.

Sexual abuse survivors can help each other by speaking out about their abuse. Silence only protects the abusers and allows them to continue their predations.

Tellthe police. Tell a counsellor. Tell a family member or friend. But tell someone!

Terry Kohut has kept a dark secret for nearly 50 years. Now he is breaking his silence, becoming a key figure in the sex-abuse crisis in the Catholic Church and the growing controversy over what Pope Benedict XVI did about it.

When Terry Kohut was barely a teen, he says he was sexually molested and assaulted by Father Lawrence C. Murphy, the headmaster and priest of the school where he lived, St. John’s School for the Deaf, in Milwaukee, Wisconsin.

According to court and church documents Murphy raped and molested as many as 200 deaf boys who lived at the school between 1950 to 1974.

Pope Named in Lawsuit
Kohut has filed the first sex-abuse lawsuit against the Vatican that names Pope Benedict, previously known as Cardinal Joseph Ratzinger, as a defendant.

Ratzinger was once head of the Vatican’s Congregation for the Doctrine of the Faith, (the CDF) that was in charge of investigating the sexual abuse of minors by priests. And though church records show the abuse by Father Murphy was brought to the attention of Ratzinger and the CDF, a Canon Law trial against the headmaster was stopped and he was allowed to remain a priest.

The Vatican’s “policy of secrecy” in abuse cases, and its “directives to conceal the sexual abuse of children” by priests, the lawsuit says, helped bring about the abuse of Kohut and others by Father Murphy.

Now CNN is airing a special documentary report, “What the Pope Knew.” The program will air Sept. 25 and Sept. 26, at 9pm here in Atlantic.

Continue reading "What the Pope Knew: CNN Investigative Report" »

Pope Benedict XVI is in London. Today he offered an apology for the "unspeakable crime" of sxual molestation by priests.

Benedict expressed:

"...his deep sorrow and shame over what the victims and their families suffered,"

More than 10,000 people marched to protest the Pope's handling of the priest sexual abuse crisis.

A statement issued by the Vatican said that Benedict:

"... prayed with them and assured them that the Catholic Church is continuing to implement effective measures designed to safeguard young people, and that it is doing all in its power to investigate allegations, to collaborate with civil authorities and to bring to justice (those) ... accused of these egregious crimes."

The statement was similar to those issued in the past; lot's of words about "investigating" and cooperating and "justice".

I have a word for His Holiness:

RESPONSIBILITY

It seems the Pope is having some difficulty moving through the Responsibility process so I am providing this helpful visual aid.

Time Limits for Sexual Abuse Claims

This week the Supreme Court of Canada released its decisions in a pair of historical sexual abuse cases arising out of Nova Scotia. In Borden v. Attorney General of Nova Scotia and Smith v. Attorney General of Nova Scotia, the plaintiffs filed claims against the Nova Scotia Home for Colored Children and the Children’s Aid Society alleging the defendants were liable for damages for sexual assault and breach of fiduciary duty relating to sexual abuse that allegedly occurred in the home between 1966 and 1984.

The Home for Colored Children and the Children’s Aid Society applied for summary judgment to dismiss the claims on the basis that they were statute barred pursuant to Nova Scotia’s Limitation of Actions Act.

Takes Time to Discover Effects of Abuse

Courts across Canada have recognized that survivors of childhood sexual abuse may not realize they have a potential claim until much later in life. The so called “discoverability rule” has been applied by courts in every province in Canada. The discoverability rule has also been enshrined in provincial legislation.

Harms Connected to Assaults

Essentially, the discoverability rule means that the time for filling a lawsuit is “paused” until the plaintiff recognizes the connection between the sexual assaults and harms that they have suffered. The time limit is paused if the claimant is not capable of taking steps to pursue their claim as a result of a physical or psychological disability they suffered because of the sexual abuse.

Time is Still Important!

However, the discoverability rule also requires that plaintiffs take steps to move forward with their claim as soon as they discover the connection between their childhood abuse and the effects/harms that they have suffered.

In the Borden and Smith cases the defendants led evidence that both plaintiffs were aware that they were sexually abused as children, they were aware that the abuse was wrong, and they were aware of the effects that they had suffered as a result of the abuse many years before they filed their claims.

As I have reported before, Justice Goodfellow determined that the claims for negligence and sexual assault were statute barred because the plaintiffs had waited too long before filing their claims.

Nova Scotia Sexual Abuse Claims Barred by Statute: Breach of Fiduciary Duty Claims can Proceed

However, Justice Goodfellow confirmed that the claim for breach of fiduciary duty was not barred by statute and allowed the breach of fiduciary duty claims to continue.

The Nova Scotia Court of Appeal confirmed Justice Goodfellow’s decision. Today the Supreme Court of Canada upheld the decision of the Nova Scotia Court of Appeal and dismissed the plaintiffs' appeals. The Court also ordered the plaintiffs to pay the defendants’ cost of the appeal.

Why is it Important?

This decision is important to survivors of sexual abuse because it shows that defendants can successfully defend these claims even before the case gets to trial by arguing that the plaintiff waited too long to file their lawsuit.

As a result of this decision, survivors can expect defendants to spend a great deal of time examining the plaintiff’s past medical and counseling records to see if the survivor ever disclosed the abuse to anyone before they filed their lawsuit. If so, how long did they wait before getting legal advice?

Get Legal Advice as Soon as Possible

The fact is that no matter how difficult it is for survivors of sexual abuse to move forward with these types of claims, it is important that they get proper legal advice as soon as possible about their rights because a survivor’s right to receive fair compensation may be eliminated by a statute of limitation if the survivor waits too long before taking steps to pursue a compensation claim.

Continue reading "Statute of Limitations in Sexual Abuse Claims: Supreme Court of Canada" »

A new class action has been filed in Quebec alleging sexual abuse by priests.

The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.

The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.

I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.

I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.

Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.

Snail's Pace

The Guardian has reported that the criminal investigation into sexual abuse allegations against PEI priest Rev. George Smith is moving slowly.

Tedious

According to RCMP Sgt. Boyd Merrill: “It’s a slow, tedious process,’’. The officer indicated the investigation could take several months to complete.

RCMP in Deer Lake, N.L., received a criminal complaint that Rev. George Smith sexually abused him when Smith was a priest in Deer Lake NL between 1986 and 1991.

Bishop Vague

PEI Bishop Grecco was vague about Smith's status with the Diocese, saying only that Smith was not in PEI and was “not exercising any priestly ministry’’.

Is the Church Investigating?

There is no indication if the Diocese is conducting it's own investigation of Smith as required under the Roman Catholic's Code of Canon Law and as recommended in From Pain to Hope, the Canadian Conference of Catholic Bishops report on child sexual abuse.

Has Smith Been Sent for Treatment?

There is no indication why Smith is no longer in the province. Has he been sent to Southdown Institute? Southdown is a residential care facility run by the catholic church to provide psychological treatment and counselling to clergy who have experienced problems including: "Ministerial boundary violations". A euphemism for sexually abusing parishioners.

More Transparency

I would think that catholic parishioners in PEI, and the public in general, would have more confidence in the Church's actions if they were assured that the church was doing what it can to investigate and respond to the allegations against Smith.

What do you think?

Wants to See Justice

Bishop Richard Gagnon, the Bishop of the Roman Catholic Diocese of Victoria British Columbia said he wants to “see that justice gets done” after British Columbia priest, Father Philip Jacobs was charged with sexual assault.

Jacobs served as a priest for St. Joseph the Worker in Saanich, British Columbia from 1998 to 2002.

Diocese Knew Priest Relieved of Duties

The B.C. Diocese was aware that Jacobs had been relieved of his duties at a church in Columbus, Ohio, after admitting to inappropriately touching a teenage boy. Despite that, the Diocese allowed Jacobs to serve in Saanich and did not provide any warning to parish members about Jacob's unsavory past.

Did the Church Fail the Victims?

Gagnon was quoted as saying:

“...did the church-at-large fail these victims? I believe we could have done more (to prevent this from happening).”

Police Receiving More Information

After the criminal charges were laid RCMP began receiving a "stream of tips" from people with information about Jacobs.

Pope Begs Forgiveness - But Doesn't Apologize

I posted earlier today that the Pope has begged for forgiveness from survivors of priest sexual abuse. Unfortunately, the statement did not contain an apology or any acknowlegement that the Vatican or the Catholic Church were to blame for the tidal wave of priest abuse claims that have crossed the Atlantic from North America and swept across the U.K. and Europe.

Blame Everyone - Admit Nothing

The Pope has been quick to cast blame for the priest abuse crisis. See for example:

Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church :

In fact officials in the Catholic Church have pointed the finger pretty much everywhere else including the media, gay priests, and pornography.

The Pope's fingerpointing would be almost laughable, if the problem of child sexual abuse by priests wasn't so serious.

But today The Los Angeles Times reported that in the same speech where he begged forgiveness from victims, the Pope blamed the priest abuse crisis on...get this...The Devil!

Come on! Really?

Pope "Begs" for Forgiveness

At a mass with some 15,000 priests marking the end of the Roman Catholic Church's Year for Priests, the Pope asked for forgiveness from victims of priest sexual abuse:

"We ... insistently beg forgiveness from God and from the persons involved, while promising to do everything possible to ensure that such abuse will never occur again,"

I have already suggested that the Pope could learn a lesson or two about responsibility by reading some of the comic books I read while I was a kid.

Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church

Preventing Paedophile priests From Joining the Priesthood

The Pope's focus appears to be on preventing sexual abusers from joining the priesthood in the first place:

"In admitting men to priestly ministry and in their formation we will do everything we can to weigh the authenticity of their vocation and make every effort to accompany priests along their journey,"

What About The Rest?

There is no mention of what, if any, responsibility the Pope and the Vatican intend to take for the hundreds of priests around the world who have been accused or convicted of sexual abuse.

What Do You Think?

Does the Vatican, the Pope or Roman Catholic Church as an institution bear some responsibility to the victims of priest sexual abuse around the world?

What should the Vatican do to help victims of priest abuse?

Post your comments and let me know.

Vatican Not Responsible for Bishops Actions

The Vatican is defending a lawsuit that claims Bishops in the United States covered up allegations of sexual abuse. That's not news. The Pope and the Roman Catholic Church have never acknowledged the responsibility the Church as an institution has to survivors of priest sexual abuse. The Catholic Church tends to fight lawsuits filed by priest abuse victims vigorously, even if the priests involved have been criminally convicted.

Blame Everyone Else

In fact officials in the Catholic Church have pointed the finger pretty much everywhere else including the media, gay priests, and pornography.

Further Hypocrisy

However recently the Vatican has reached new heights of hypocrisy by denying that Catholic Bishops are employees or officials of the Church. The Vatican has asked a court in Kentucky to throw out a lawsuit that claims the Holy See should pay compensation to victims of pedophile priests. The victims’ lawsuit says bishops in the United States were part of a Vatican cover-up of abuse.

Jeffrey Lena, the Vatican's US attorney denies that the Pope has control over Bishops, saying:

"The pope is not a five-star general ordering his troops around,"

Law Different in Canada?

The liability of the Vatican has never been determined by the courts in Canada. However, based on existing case law, including the Supreme Court of Canada, I think it is likely that if the matter came before the courts in this country, the Pope would be found to be vicariously liable for the actions of Catholic Bishops.

Pope Has Complete Authority Over Bishops

Under The Code of Canon Law, which lays out all of the rules and laws of the Catholic Church, Bishops are appointed by the Pope.

The Pope is the sole authority over Bishops and the only person that has the power assign Bishops to a Diocese, to remove a Bishop from a Diocese, to discipline a Bishop for misconduct. A Bishop cannot even resign without permission from the Pope.

Canon Law establishes the Pope as the supreme leader of the Catholic Church, whose it is to prescribe what is to be believed by all the faithful, and to take whatever measures and make whatever orders he deems necessary for the preservation and the propagation of the Catholic faith.

Vicarious Liability of Catholic Church

In the Supreme Court of Canada's decision in Doe v. Bennett the court held the Catholic Diocese of St. George's vicariously liable for sexual abuse by one of it's priests.

The Supreme Court of Canada found 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”

A Lesson From Spiderman

Perhaps Pope Benedict doesn't read Spiderman comics. Maybe he should. In the first Spiderman story published in Amazing Fantasy #15 (August 1962) Peter Parker learns:

" With great power there must also come - Great responsibility! "

The Pope has an enormous degree of power over every Bishop, priest and catholic parishioner in the world. Perhaps it is time he accepts the responsibility that comes with that power.

What do you think?

Continue reading "Can the Pope Learn a Lesson From Spiderman? Vatican Claims Bishops Not Employees of Church " »

New Brunswick Priests Convicted of Sexual Abuse

Two former priests employed by the Roman Catholic Diocese of Bathurst, Levi Noel and Charles Picot have been convicted of sexually assaulting children in their parishes during several decades spanning the 1950's through to the early 1980's.

We have been asked to help a number of survivors who have advised us they were sexually abused by Levi Noel and Charles Picot.

Fear and Trauma Prevents Disclosure

Children who have been sexually abused often do not tell their parents or family members until years after the abuse occurred (if ever). Sexual predators rely on their victims fear and shame to protect them from exposure.

Silence Protects the Abusers

Most pedophiles are repeat offenders. Failing to notify the authorities about sexual abuse allows sexual predators to continue to subject other children to sexual abuse.

In some cases survivors gather the courage to tell someone in authority about the sexual abuse. Unfortunately, as recent media attention around the world has shown, institutions like the Catholic Church have failed to take appropriate action to protect vulnerable children who are the victims of sexual abuse.

Invisible Scars

Childhood abuse can cause long term psychological, emotional and physical damage and can cause long terms problems including difficulty in relationships, substance abuse and loss of education and income earning potential.

You Are Not Alone

By working together, survivors of childhood sexual abuse are better able to achieve accountability, compensation, closure and, in some cases, reconciliation.

Survivor’s Guide

I receive many calls from survivors of childhood sexual abuse asking about their legal rights. So I decided to write The Survivor's Guide to Abuse Compensation Claims to answer many of the common questions survivors have. For example:

• Do I have to talk to the police to make a claim?
• What happens in a criminal prosecution?
• How do compensation claims work?
• What the burden of proof is in a compensation claim?
• Why is the burden of proof different in criminal matters?
• How do I prove my claim?
• And much more.

Diocese of Bathurst, Levi Noel and Charles Picot

What does all this have to do with the Diocese of Bathurst and the victims of Levi Noel and Charles Picot?

On Sunday the Diocese announce that it has hired a lawyer, a former Justice of the Supreme Court of Canada, the Honourable Michel Bastarache, to create an out of court settlement process for victims of sexual abuse in the Diocese.

Recent media reports state that Mr. Bastarache is trying to track down abuse victims: " to explain the process and give each victim a claim form."

I do see something positive in the announcement. Mr. Bastarche has said:

"It's a way for the Bishop here to acknowledge their responsibility. They're not going to fight and say they're not responsible."

Acknowledging that the Diocese is responsible and is not going to fight the survivors is a positive sign.

What concerns me is that the Diocese has apparently already created the process!

Didn't the Diocese of Bathurst consider that survivors might want to be consulted before the process was created?!

In Nova Scotia Ron Martin actively participated in our negotiations with the Diocese of Antigonish that lead to a landmark class action settlement and settlement process.

How sincere is the Diocese of Bathurst to address the needs of survivors when survivors were not even approached before the process was created? We can only hope that this doesn't turn into another case of the Church deciding what is right and telling victims how things are going to be done.

Information About Survivor's Rights

If you have suffered trauma as a result of childhood sexual abuse by Levi Noel or Charles Picot or any other priest employed by the Roman Catholic Diocese of Bathurst, and are looking for information about your legal options, including compensation claims, you can contact me for a free copy of The Survivor’s Guide to Abuse Claims.

Call If You Need Help

If you would like to talk to me directly you can call toll-free for a confidential consultation 1-877-423-2050.

Two weeks ago I had the pleasure of being invited to present at the Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.

The two day conference brought together plaintiff and defence counsel from across the country to discuss emerging issues in the law pertaining to liability for child abuse.

This is the third time I have been invited to speak by the Canadian Institute. I was asked to make two presentations. I presented on the use of class actions as a tool for the resolution of institutional sexual abuse claims.

My presentation: "Safe to Say You're Sorry (The Psychology of Apology)" was a review of a trend across Canada where provinces have introduced legislation preventing apologies from being used against defendants in court, as well as a discussion on the effective use of apologies in litigation.

I have been advised that part of my Apology presentation has been posted on the Canadian Institute's website. You can watch the presentation by clicking on the link.

Millions of Canadians know someone who has been sexually abused by a priest according to an Ipsos Reid survey released today.

2 Million Canadians Know Abuse Victims

According to study conducted for Canwest News Service, at least 2 million Canadians claim to know someone who has been sexually abused by a Catholic priest. This is an extraordinary, and disturbing, finding. Sexual abuse is a crime of secrecy. Many survivors, perhaps the majority, never tell anyone about the abuse they have suffered. If there are 2 million Canadians who claim to personally know a survivor of priest sexual abuse, then one has to be concerned that the actual number of victims is much higher.

Some of the other findings of the survey:

6 % of Canadians (8 % of Roman Catholics), personally know of a Catholic priest in their parish or neighbourhood who has been criminally charged with sexual assault;

58 % (54 % of Catholics) believe Pope Benedict has "perpetuated a climate of silence and cover up around pedophile priests."

On the other hand, only 29 % (37 % of Catholics), feel the Pope is being treated unfairly;

69 % (80 % of Catholics), believe the proportion of pedophile priests among the Catholic clergy is minor, and that only a small number are harming the Church's reputation;

64 % (55 % of Catholics), are not satisfied with the Church's efforts to root out predatory pedophiles among its priests;

55 % (57 % of Catholics), said they are satisfied with the way police and the justice system are investigating allegations of abuse against Catholic clergy.

Cover Up?

I think this survey points out a serious problem facing the Catholic church. It is apparent in many of the reported decisions of priest abuse across Canada (and in other parts of the world) that persons in authority in the Catholic church covered up allegations of priest sexual abuse, rather than report them to the appropriate authorities.

Even if this secrecy was not part of an orchestrated cover up by the world wide Catholic church and the Vatican (I will leave it to you to decide that issue), the fact remains that the majority of Canadians(and Catholics) believe this to be the case!

Lack of Trust

The success of any religion depends on the trust, and faith, that it's members have in the institution. If the majority of Catholics do not trust the Pope Benedict, what does that mean for the future of the institution? Will loss of trust mean loss of faith?

What do you think?

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" »

I have been retained to represent two women who allege they were sexually abused by a former priest of the Roman Catholic Diocese of Yarmouth, Father Raoul Deveau.

Anna Maria Tremonti of CBC’s The Current, interviewed one of my clients. You can listen to the interview here.

Secrets Protect the Abusers

I was moved by one of the statements made by my client, Linda:

"This is so wrong. You're tired of hiding the secrets. They need to come out and people need to be made aware of that,"

Shame

After the interview aired I was contacted by a lady who had listened to the interview. She was calling me to express her shame. I assumed she meant the shame that most survivors of sexual abuse experience.

But what she told me was that she was ashamed because the first emotion she felt when she heard the interview...was relief. Relief that she wasn't the only person that had been sexually abused by the priest.

She was ashamed that she felt relief because someone else had experienced the same horrible experiences she had gone through!

In Sexual Abuse Settlements Empower Victims to Come Forward I discussed an article by Frank Douglas where he stated:

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

I couldn't agree more.

So if there is one message that I have for survivors of childhood abuse, it is: You are not alone!

Continue reading "Survivor of Sexual Abuse by Father Raoul Deveau Speaks Out About Claim Against Yarmouth Diocese" »

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" »

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!" »

Justice David MacAdam has released his written reasons certifying Ron Martin's class action against the Roman Catholic Diocese of Antigonish and approving the settlement agreement to compensate victims of priest sexual abuse.

His Lordship Justice MacAdam reviewed in detail the requirements for certification and settlement approval. At paragraph 63 of his decision Justice MacAdam concluded:

I am satisfied on the basis of the submissions and evidence that the action meets the criteria for certification pursuant to ss. 6 and 7 of the Class Proceedings Act.

I am satisfied that the Settlement Agreement constitutes a fair and reasonable settlement that is in the best interests of the Class as a whole and that it provides significant benefits to class members and meets the “range of reasonableness” test. As such, the action is conditionally certified as a class proceeding and the Settlement Agreement is approved.

Anyone trying to decide whether to participate in the class action should read Justice MacAdam's decision. It is not just Ron Martin and I that thinks the Antigonish class action settlement is fair and reasonable.

This class action has always been about doing what is right for survivors of sexual abuse. Now that Justice MacAdam has approved the class action settlement, survivors have a choice.

In 2002, Ronald Martin received a telephone call that his brother, David Martin, had been missing in the woods of British Columbia for 2 weeks. Sixteen days later David’s body was found, with a suicide note stating he had taken his life because he could not endure the pain caused by sexual abuse he had suffered as a child at the hands of Father Hugh Vincent MacDonald, a priest of the Catholic Diocese of Antigonish.

A Promise

Ron Martin had been sexually abused by the same priest but neither brother was aware of what the other had suffered. On the day that Ron Martin had to identify his brother’s body, he made a promise that there would be accountability for the abuse they had suffered.

A Difficult Journey

David Martin’s death was the start of an arduous journey for Ron Martin. After learning there were many other victims, all suffering as he and his brother did, all needing justice and accountability from the Church, Ron decided to file a class action against the Roman Catholic Diocese of Antigonish and Bishop Raymond Lahey.

Historic Settlement

After months of emotionally draining negotiations, Ron Martin and the Diocese reached an historic agreement to compensate anyone who had been sexually abused by priests of the Diocese between 1950 and 2009.

Dignified Process

The class action settlement creates a dignified, confidential and fair process that:

• Required the Roman Catholic Diocese of Antigonish to publicly acknowledge its responsibility to victims of sexual abuse and apologize for its role in failing to protect children from sexually abusive priests;

• Creates a fund of up to 15 million dollars to provide survivors with compensation without having to be re-victimized by the rigours of a public trial;

• Creates a streamlined, faster process to determine compensation;

• Requires the Diocese to give up legal defences that have been used to defeat victim’s claims in the past.

Court Approves the Settlement

The settlement was approved by the Honourable Justice David MacAdam of the Nova Scotia Supreme Court. His Lordship found that the settlement was fair, reasonable and in the best interest of class members. The Supreme Court has an ongoing responsibility to supervise the settlement to ensure survivors are treated fairly.

Confidentiality Key for Survivors

Confidentiality is a cornerstone of the agreement – not for the benefit of the Church which has publicly admitted its wrong doing, but for the benefit of the victims.

Many class members have never told their family or friends that they were sexually abused. They do not want this information becoming public. The confidentiality of the process means that victims do not have to fear the threat of public disclosure.

Furthermore, the confidentiality of the settlement does not bind class members. So survivors are free to talk publicly about their claims if they wish.

Choice is Important

Choice is also an important part of the settlement. The class action settlement provides sexual abuse survivors with a choice that they did not have before.

There may be survivors who chose the adversarial approach of litigation. If a survivor wants to file an individual lawsuit, they must file an “opt out” form with the Diocese by December 4, 2009.

Canada’s civil justice system may be one of the best in the world, but litigation is still time consuming, expensive and emotionally draining.

Public Trials can Re-Victimize Survivors

Public trials require victims of sexual abuse to relive their most painful and traumatic memories in the public eye. Simply put, traditional litigation is a battle that many victims of sexual abuse are not emotionally or psychologically capable of surviving.

Church Usually Fights Survivors

The Catholic Church is well aware of the challenges survivors of sexual abuse face in litigation. The traditional approach by the church has been to fight survivor’s claims vigorously. In Newfoundland, despite the findings of the Mount Cashel inquiry, the Diocese of St. John’s has been fighting lawsuits filed by victims of convicted sex abuser Father Jim Hickey for the past 11 years.

Declare Bankruptcy rather than Compensate Survivors?

In the United States seven catholic dioceses have declared bankruptcy rather than agree to compensate survivors. In Canada the catholic diocese of St. George’s declared bankruptcy after being sued by victims of convicted sex abuser Father Kevin Bennett.

In negotiating the settlement Ron Martin had to consider that the Diocese of Antigonish does not have unlimited financial resources. Every dollar spent fighting survivors’ is a dollar that cannot be spent to compensate survivors.

Class Members Protected

A major concession made by the Diocese in the class action was to provide a security agreement on all it’s property to guarantee it’s financial obligations to the members of the class action.

If they do not opt out, survivors are automatically eligible to participate in the class action.

Application Dates

Survivors must apply for compensation by March 10, 2010. The time to apply may be extended to September 6, 2010 with permission of the Court.

Class Action a Victory for Survivors

The criticism leveled against the class action settlement is essentially that the class action is different from traditional litigation. That is true – and we see that as a victory for survivors.

Survivors Will Decide What is Best

Survivors should decide for themselves how they want to resolve their claims. In the end, each survivor will decide what is best for them: a public trial, or the confidentiality of the class action settlement.

A Better Way

Ron Martin and I believe that the settlement provides a better way for survivors of sexual abuse to receive compensation and closure in a safer way than traditional litigation. The process is dignified, confidential and fair.

Keeping a Promise

This settlement is not about the church; it is about the children who were sexually abused. It is about helping them achieve closure and accountability. It is about finding a way for survivors and the church to move forward. Last but not least, it is about Ron Martin fulfilling the promise he made to his brother David.

Continue reading "Why the Antigonish Diocese Sexual Abuse Class Action Settlement is the Right Thing to do." »

Pope Accepts Lahey's Resignation
The Pope has accepted the resignation of Bishop Raymond Lahey from the post of Bishop of the Roman Catholic Diocese of Antigonish.

I have received calls from victims wondering what effect the Bishop's resignation will have on the Class action settlement to compensate survivors of sexual abuse by priests of the Antigonish Diocese.

Compensation Process Will Continue

The answer is that the class action settlement is a binding contract that has been approved by the Supreme Court of Nova Scotia. The Bishop's resignation will have no effect of the obligations of the Diocese to compensate survivors in accordance with the terms of the settlement agreement.

A spokesperson for the Diocese confirmed that the Bishop's resignation will not change the Diocese's commitment to survivors. Spokesperson for the Diocese, Father Paul Abbass said:

"After having spoken with Archbishop Mancini, I want to assure everyone, and particularly the victims of sexual abuse, that nothing in the recent court approved class action settlement agreement will change as a consequence of this transition in leadership,"

"Our settlement agreement is more than a legally binding document. It is a call to justice and reconciliation. It involves painful spiritual healing, profound understanding from all and difficult financial sacrifices. While the resignation of our former Bishop will be a loss to our Diocese in many ways, his departure does not diminish the legal and spiritual commitments we have made."

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!" »

Here are more media reports about Ron Martin's class action against the Diocese of Antigonish.

N.S. Church Parishes to Pay in Sex-Abuse Settlement CBC

Interview with Bishop Raymond Lahey CBC Information Morning (requires Real Player)

Diocese to Pay $13 Million to Abuse Victims Chronicle Herald

Brother Fulfills Promise with Sexual Abuse Class Action Suit Metro News

Diocese Gives Settlement, Apology to Abuse Victims Port Hawkesbury Reporter

Diocese Settles Lawsuit for $13 Million Antigonish Casket

Sex Abuse Settlement by Church Historic TheSpec.com

Historic Settlement Reached Cape Breton Post

More Information

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.

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.

Residential School Survivors Meet Pope

A group of Survivors from Canada’s Indian Residential Schools had a private audience with Pope Benedict. The delegation was led by assembly of First Nations Chief Phil Fontaine. The group also includes one of the survivors of the Shubenacadie Indian Residential School, Membertou Chief Terry Paul.

Pope Apologizes to Abuse Survivors

The Survivors received a personal apology from the Pope on behalf of the Roman Catholic Church for its "deplorable" role in Canada’s Indian Residential School system.

Late update: It appears that media reports of the Pope's apology (like Mark Twain's death) have been greatly exaggerated. Reports now indicate that the Pope did not apologize or acknowlege the Catholic Churches role in the abuse suffered by children in the residential schools. rather he expressed "sorrow" for the suffering of the children.

Students Suffered Physical and Sexual Abuse

There were about 130 Indian Residential Schools across Canada and 75% of the schools were run by the Catholic Church. Students at the schools were taken from their families and placed in the schools where many of them suffered horrible physical abuse, sexual abuse and loss of their language and culture.

Previous Apologies

Until today, the Catholic Church had never apologized for the horrible abuse at Church run schools. Other religious organizations that ran schools have long since issued apologies, including the Anglican Church in 1993, the Presbyterian Church in 1994 and the United Church of Canada in 1998. Prime Minister Stephen Harper also offered an apology on behalf of the Government of Canada in June of last year.

Nora Bernard Filed First Class Action

The greatest honour I have ever had as a lawyer was representing Nora Bernard and the other Survivors of the Shubenacadie Indian Residential School in their fight for compensation for what happened to them as a result of the Residential School system.

Nora filed the first class action against the Government of Canada and the Catholic Church seeking compensation for loss of language and culture for Residential School Survivors. Nora’s claim played an important role in the five billion dollar Indian Residential School Class Action Settlement, the largest historical redress settlement in the world.

I am sure Nora was watching today. I think I can sum up what her reaction would be in three words: "It's about time!"

Wela'lieg

Update:

I have been reading further media reports of this mornings meeting. Apparently earlier reports that the Pope apologized are incorrect. Instead the Pope expressed "sorrow" for the "deplorable" treatment of aboriginal children in catholic run residential schools.

But the Pope did not go so far as to apologize or admit that the Catholic Church had any responsibility for the physical and sexual abuse suffered by children in the schools.

The Canadian government and every single religious organization that ran the residential schools (except the catholic Church) have acknowledged their personal responsibility and apologized for the horrible abuse that took place in the Residential schools.

How can the Catholic Church ever hope to receive forgiveness from residential school survivors if it won't take responsibility for it's actions?

What do you think?

Technorati Profile

There have been new developments in the class action filed against the Roman Catholic Diocese of Antigonish. The class action was filed by Ron Martin on behalf of all persons who were sexually abused by priests who were members of the Roman Catholic Diocese of Antigonish.

Case Management Judge Assigned

Justice John Murphy has been assigned to case manage the class action lawsuit. Justice Murphy will be in charge of ensuring that the class action moves forward in an orderly fashion.

Court Date Set

The Certification hearing for the Antigonish Diocese Class Action has been scheduled to take place in Halifax, August 4, 5 and 6, 2009.

The certification hearing is basically a "mini-trial" where the court determines whether there is sufficient evidence to allow Ron Martin and the other people who alleged that they were sexually abused by priests from the Antigonish Diocese to proceed with their claim as a group . If the certification motion fails, then each sexual abuse survivor will be forced to file individual lawsuits if they want to make a claim for compensation.

Who Can Join the Class Action?

If you were a victim of sexual abuse by a priest that was a member of the Roman Catholic Diocese of Antigonish, you are entitled to participate in the class action. We have prepared an information package about the class action lawsuit that we will provide, free of charge. If you would like to receive a copy of the information package, please contact my office by calling toll free 1 (877) 423 2050 or by contacting me through this blog.

More Information

For more background information about the class action lawsuit you can read some of the Media Reports about the Antigonish Diocese Sexual Abuse Class Action.

Antigonish Diocese Priest Sexual Abuse Class Action

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

In a landmark ruling, the Court of Appeals in Cincinnati has allowed a lawsuit over alleged sexual abuse by Catholic priests to proceed against the Vatican.

The Wall Street Journal has reported that lawyers for the Vatican tried to strike out the plaintiffs’ lawsuits under the Foreign Sovereign Immunities Act, a U.S. federal law that governs when a foreign Country can be sued. The U.S. law contains a number of restrictions that limit the ability to sue a foreign state.

The Cincinnati Court of Appeals confirmed that the Vatican is a foreign state, and therefore eligible for sovereign immunity. However, the court determined that the plaintiffs were able to continue their lawsuit under an exception to the Foreign Sovereign Immunities Act which allows lawsuits for damages caused by “tortious acts” of a foreign State.

The plaintiffs’ law suit claims that U.S. bishops are employees of the Vatican and that the Vatican and bishops have engaged in a coordinated policy of covering up acts of sexual abuse by priests.
You can read the Court of Appeal’s decision here.

Here is Canada, the relevant legislation is the State Immunity Act. The restrictions under Canada's legislation are not as onerous as the U.S. legislation and the Canadian legislation clearly permits claims for personal injury:

6. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to
(a) any death or personal or bodily injury, or
(b) any damage to or loss of property that occurs in Canada.

Here in Nova Scotia, Ronald Martin has filed a class action lawsuit against the bishops of the Roman Catholic Diocese of Antigonish for sexual abuse perpetrated by various priests who were employed by the Antigonish Diocese between 1950 and 1980.

Related posts:
Documentary Explores Vatican Sexual Abuse Cover Up
Lawyer wants to Question Pope about Sex Abuse Cover Ups
Lawsuit against Vatican can proceed

Continue reading "Vatican Can Be Sued For Priest Sexual Abuse: U.S. Court of Appeals" »

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" »

Perry Dunlop, a former Cornwall Ontario police officer whose investigation launched a huge criminal investigation in the 1990s is still in jail.

Contempt of Court

Dunlop refused to testify before the Cornwall public inquiry and was sentenced to 6 months in jail. Yesterday he was sentenced to another 30 days in jail for a criminal conviction of contempt of court.

Sentence Reduced for "Hardship"

The National Post has reported that the judges who sentenced Dunlop said he would normally receive another three months in jail. But the judges reduced his sentence because of the hardship to his family and the fact Dunlop has been in protective custody as a former police officer.

Dunlop Started Sex Abuse Investigation

Dunlop triggered a huge investigation into allegations of sexual abuse by more than a dozen men between 1950 and 1980 after he learned that the Cornwall Catholic Diocese had paid a former alter boy $32,000.00 to drop his sexual abuse complaints against 2 priests.

Bishop Knew About Abusive Priests

While Dunlop sits in jail, Bishop Eugene Larocque, who approved the payments to the alter boy testified before the inquiry that he knew about allegations of sexual abuse against his priests and he even lobbied to have a priest who had been convicted of sodomizing 2 teenagers brought into his Diocese.

So the police officer who uncovered sexual abuse by priests in Cornwall Diocese sits in jail while the Bishop who was responsible for knowingly hiring sexually abusive priests remains free.

Where is the justice in that?

The Cape Breton Post has published an update on Ron Martin's class action against the Antigonish Diocese.

You can read the story here.

Here is some of the media coverage of Ron Martin's class action on behalf of persons who were sexually abused by priests from the Roman Catholic Diocese of Antigonish.

Sex-abuse suit alleges conspiracy by Catholic Church: CBC News

Class-action suit filed against Roman Catholic diocese in N.S. over alleged abuse: The Canadian Press

Church facing class action (Suit alleges Catholic diocese failed to protect kids from abuse) : Chronicle Herald

N.S. Catholic bishop: Church open to helping sex abuse victims: Canadian Press

Class-action filed against N.S. Catholic diocese: Canwest News

N.S. Roman Catholic bishop says church open to helping sexual abuse victims: Canadian Press

Victims of priest abuse will get 'fair treatment,' diocese says: Chronicle Herald

Diocese named in sex abuse suit offers court alternative: CBC

Lawyer expects more sex abuse victims to join class action: Cape Breton Post

Plantiff says he wants to save Catholic Church: Cape Breton Post

An Interview with Ron Martin on CBC Mainstreet (Requires RealAudio player) Download file

Interview with lawyer for Antigonish Diocese on CBC radio (Requires RealAudio player) Download file

If you or a family member suffered sexual abuse by a priest that was part of the Antigonish Diocese you can contact me for further information through the contact form on this blog or by calling toll free 1-877-43-2050.

Vows of Silence is a new documentary by journalist Jason Berry, that explores Fr. Marciel Maciel Degollado, and the Catholic group, Legionaries of Christ.

The Vatican eventually found Maciel Degollado guilty of multiple acts of sexual abuse spanning decades. His punishment? His public ministry was restricted.

The documentary also examines the role of the last two Popes in covering up allegations of sexual abuse against Maciel Degollado and the extent to which the Vatican went to protect a serial predator.

You can read more stories about Maciel Degollado here.

The Catholic Church has been dealing with an epidemic of sexual abuse claims that have come to light over the past decade in the United states and here in Canada.

I have posted about 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: Do Myths About Child Abuse Explain The Church Sex Abuse Scandals?

Some pople have even suggested that the institutional structure of the Catholic Church may play a role in creating sexual abusers: Does the Catholic Church attract sexual abusers…or create them?

What do you think?

Continue reading "Documentary Explores Vatican Sexual Abuse Cover Up" »

Episcopal Bishop Charles Bennison is on trial in ecclesiastical court facing accusations that he covered up sexual abuse by his brother, who is also a priest, on a 14 year old girl.

The Bishop is not facing criminal charges, nor is he being sued in civil court. The trial is taking place under the rules of canon (church) law. A panel of 5 bishops, 2 clergy and 2 lay members will decide whether Bennsion violated church rules Title IV of the Canons of the Episcopal Church by failing to disclose that his brother, John Bennison was having sexual relations with an underage female parishioner.

The Philidelphia Bulletin has reported that :

The bishop's younger brother John allegedly had illicit sex with a girl beginning in 1971 when she was a 14-year-old member of St. Mark's Church in Upland, Calif., and he was a 24-year-old seminary student. The sexual relationship lasted until 1974, the year she departed for college.

The first day of the "trial" heard graphic testimony from the victim, who said:

...Bishop Bennison stumbled in on his brother John's sexual activity with her, "saw his erection", turned on his heel in the church office and walked away.

If Bishop Bennison is found guilty of violating Church rules, he will not face criminal charges, but the panel could remove him as Bishop of the Diocese.

The trial continues this week.

UPDATE JUNE 27, 2008

Bishop Bennison has been convicted of concealing his brother's sexual abuse.

This case is only the third time in 232 years that a Bishop has been put on trial by the Episcopal Church USA.

You can read more here.

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" »

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.

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.

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...

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.

A former inmate has been awarded $40,000.00 in compensation plus $10,000.00 in punitive damges for sexual abuse he suffered by a former prison guard, Roderick David MacDougall. The inmate sued the Province of British Columbia that ran the prison, the Lower Mainland Regional Correctional Center.

MacDougall sexually assaulted the inmate twice using a combination of intimidation and promises of a pass from the prison for the holidays. The judge was clear about how he felt about MacDougall's actions:

As with the other MacDougall cases, the context of MacDougall, who was in a position of authority in the prison, and of Mr. Hall, who was a young, vulnerable inmate, was clearly repugnant. MacDougall took advantage of his position and while there were no threats of direct violence there was the implied promise of the Christmastime pass.

Lawyers for the Province of British Columbia tried, (unsuccessfully) to attack the victims' credibility, based in part on his criminal convictions. Does anyone else find it "repugnant " that the Province would defend a sexually abusive prison guard on the ground that his victims are not credible BECAUSE THEY WERE PRISONERS?

The victim, had a horrific pre-trauma history, his mother was a physically abusive prostitute, he developed substance addictions and anger management issues at a young age. The judge clearly had difficulty sorting out the traumatic effects of the victims's childhood and those of the sexual abuse by the prison guard, MacDougall.

Thus, the challenge this Court is tasked with is to tease out the strands of damage that were caused by the abuse by MacDougall and the strands of damage that were already in existence and would have developed in any event, and the damage that occurred later but was without intersection with the MacDougall abuse, in order to place Mr. Hall in the position he would have been in "but for" the assaults.

The median award for non-pecuniary (pain and suffering) damages for sexual abuse in Canada is $125,000.00.

It is incredibly unfortunate that the very issues that made him vulnerable to attack by MacDougall resulted in such a relatively low award.

You can read the full decision here.

There are at least 16 other reported decisions involving sexual abuse by MacDougall against other inmates! One has to ask the question, were the people in charge of supervising MacDougall fired suspended or even reprimanded?

I doubt it.

I have represented hundreds of survivors of childhood abuse. Many of them, because of their traumatic childhood, have criminal records. It is difficult enough for victims of abuse to come forward to confront their abusers. It is appalling that sexual abusers can use the effects of the abuse to try to avoid being held accountable.

Yesterday the Roman Catholic Diocese of San Diego reached a settlement to compensate 144 victims of sexual abuse by priests within the Diocese.

The settlement will pay victims an average of 1.37 million dollars, slightly higher than the landmark $660 million settlement announced by the Archdiocese of Los Angeles, which will see average pay outs of 1.3 million dollars.

The settlement came after the San Diego Diocese declared bankruptcy to protect it's assests from the lawsuits filed by abuse victims. The Judge monitoring the Diocese's bankruptcy proceedings, Bankruptcy Judge Louise DeCarl Adler, was highly critical of the Diocese's conduct during the proceedings, stating that the financial reports filed by the Church contained "irregularities" and undervalued Church assets. At one point, the Judge threatened to dimiss the bankruptcy altogether, ending the protection from victim's lawsuits.

The settlement requires the Diocese to release internal documents proving the sexual abuse and the extent that Chuch officials were aware of the pedophile priests within the Diocese.

You can read more here.

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.

Thanks to all those that have posted comments about this (and those that have emailed me directly).

I received some interesting documents from former J.W. members that I will be posting about shortly.

I would be interested in hearing more from J.W. members about this issue. You can email me directly by clicking on the "Contact John McKiggan" link at the top of this page or through my firm website.

British Columbia has decided not to lay criminal charges of child sexual abuse against polygamists who are members of a Fundamentalist Mormon colony in Bountiful, B.C.

Several women who have escaped from the colony allege that uneducated, underage girls are pressured to marry much older men already married to other women.

Stat Guy has posted an article containing number of links documenting the history of the investigation and the Attorney General's decision not to pursue criminal charges.

Richard Peck, the special prosecutor assigned to investigate the matter determined that Canada's Criminal Code provisions prohibiting polygamy do NOT violate the Charter of Rights guarantee of Religious Freedom.

However, he did feel that the law needed clarification, and recommended a reference to the Supreme Court of Canada.

It appears that the basis for his recommendation not to pursue criminal charges as based on the fact that the children who were allegedly forced into the marriages all claimed to have consented to the marriages.

"The real issue here is that the number of so-called complainants that we have have all told us that they consented to the act that took place…

At the time the incidents are alleged to have taken place, the age of consent was 14, though it's now been raised to 16.

"We really have no case as far as sex assaults are concerned…"

Given the control that some religious organizations exercise over their members one has to ask: How legitimate the consent of a child can be when the request is made by the leader of the child's church?

Black Sun Journal has posted a fascinating article about allegations of cover up of sexual abuse with the Jehovah's Witness Watchtower Society.

It is not unusual (perhaps even commonplace) for religious organizations to deny or cover up allegations of sexual abuse; see for example here, here, here, here and so on …

In most cases where I have represented victims of clergy sexual abuse, the evidence has indicated that persons' in authority within the Church either had knowlege of the abuse, or actively covered it up.

What struck me was the lengths to which the Watchtower Society will go to deny or cover up allegations of sexual abuse within the Church. The article states:

Bowen's group has criticized the Jehovah's Witnesses' policy that if an accused abuser denies the charge, two credible witnesses are required to establish guilt — due to literal application of such Bible verses as Deuteronomy 19:15 ("only on the evidence of two witnesses, or of three witnesses, shall a charge be sustained").

If two witnesses are lacking, the accused is deemed innocent, charges remain confidential and — silentlambs says — parents who warn others are subject to disfellowshipping for slander.

Disfellowshipping is an extreme penalty that means a total cutoff of relationships by family members, friends and business associates who are Witnesses.

Sexual abuse is a crime of secrecy. Since most sexual abusers do not commit their criminal acts in the presence of witnesses the "two witnesses" requirement is one that would be next to impossible to meet.

To go even further by threatening victims who want to warn others of sexual abusers with being cut off from their family, friends and associates (the persons victims would turn to for help and support after being victimized) is perhaps an even greater betrayal than the sexual abuse itself.

In most jurisdictions in North America it is a crime for person's in authority to fail to report allegations of sexual abuse to the approprite agency (Children's Services etc.) so that the allegations can be investigated in an independent and unbiased manner.

Perhaps it is time that Religious groups be subjected to the same threat of criminal prosection as private citizens. See for example here .

Sarasota lawyer Joe Saunders has an interesting post about how an investigative journalist uncovered evidence of clergy sexual abuse in Orlando.

You can read the post 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.

In the wake of the $660 million settlement for sexual abuse by priests in the RC Archdiocese of Los Angeles I have seen dozens of articles and blogs asking the question of whether the Catholic vow of celibacy plays any part in what seems to be the disproportionate number of Catholic priests accused or convicted of sexual abuse.

I believe that the institutional structure of the Catholic Church provides an opportunity for pedophile priests to attract, groom, manipulate and abuse their victims (see also the Supreme Court of Canada's decision in Doe v. Bennett).

I had not considered that there was something about the Roman Catholic Church that might actually contribute to the creation of sexual abusers.

Until I read an article in the American Chronicle by Dr. Richard Cravatts. He suggests that: " the very process of accepting celibacy and entering the priesthood at an emotionally immature age level predispose priests to conflicting notions about human sexuality…"

Dr. Cravatts quotes Dr. Donna Markham, the president of Southdown Institute in Ontario, Canada. Southdown is a treatment center for Catholic priests with what are referred to as "boundary issues" a euphemism for sexual abusers. Some of the priest sexual abusers that I have sued received treatment (but unfortunately not a "cure") at Southdown.

"Many priests entered seminary before they reached mature psychosexual development," says Markham. "For some men, the institutional life in the same-sex environment may have served to further postpone social and sexual development. For these men, at the age of their ordination in their mid- to late twenties, they were intellectually and physically adults, but emotionally they remained far younger."

I recommend anyone the article to anyone interested in an objective discussion of clergy sexual abuse.

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.

It is strange how looking to help a client with a problem often leads to answers that can help a client with a very different problem.

I was doing some research for a client with a Minor Traumatic Brain when I came across an article in The Journal of Neuropsychiatry and Clinical Neurosciences.The article is titled: Effects of Childhood Sexual Abuse on Neuropsychological and Cognitive Function in College Women.

The authors conducted neuropsychological tests on female students, and compared the results to tests conducted on female students who had been victims of sexual abuse. A strong association was found between the duration of the sexual abuse and memory impairments. The results of the study indicate that childhood sexual abuse appears to be associated with a constellation of neuropsychological deficits usually found in victims of M.T.B.I.

Those of us that represent victims of abuse often struggle with how to explain the effects of the abuse to a judge or jury.

This study provides us with another tool.

Read the whole article athttp://neuro.psychiatryonline.org/cgi/content/full/18/1/45

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!