Catholic Church Final Hearing Re Leased 5 May 2016
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SUBM.2449.001.0001 ISSUES PAPER 11 Catholic Church Final Hearing Re leased 5 May 2016 M ICAH PRO JECT S IN C ® HISTORICAL ABUSE N ETWO RK Lotus place Breaking Social Isolat ion f OR PEOPLE WHO EXPERIENCED AIUSE I N I NSTITUTIO N S, FOSHII CARE & DETENTION Building Community SUBM.2449.001.0002 Issues Paper 11 Catholic Church Final Hearing The Royal Commission will hold a final hearing regarding the institutional response of the Catholic Church to child sexual abuse in February 2017. This hearing is expected to include consideration of the following: 1. Data regarding the extent of child sexual abuse within Catholic institutions. 2. Factors that may have contributed to the occurrence of child sexual abuse in Catholic institutions, particularly by clergy and religious. 3. Factors that may have affected the institutional response of the Catholic Church to child sexual abuse. 4. The response of Catholic Church authorities to the findings and observations made in relevant Royal Commission case study reports. 5. Current and future approaches of Catholic Church authorities to: responding to child and adult victims and survivors of child sexual abuse, including secondary victims responding to individuals subject to allegations of child sexual abuse the protection of children and the prevention of child sexual abuse. SUBM.2449.001.0003 Submissions are invited regarding the following issues: 1. To what extent have any of the following issues contributed to the occurrence of child sexual abuse in Catholic institutions or affected the institutional response to this abuse? The Royal Commission has identified these issues through case studies, submissions, private sessions, and a review of literature regarding child sexual abuse in Catholic institutions. a. Catholic theology and doctrine insofar as it is relevant to the institutional response to child sexual abuse b. the Catholic Church’s structure and governance, including the role of the Vatican c. issues related to the individual leadership of Catholic institutions d. canon law e. clericalism f. mandatory celibacy g. selection, screening, training and ongoing formation of candidates for the priesthood and religious life h. support for and supervision of working priests and religious i. the operation of the sacrament of confession j. the use of secrecy, including the practice of mental reservation k. individual psycho-sexual factors l. factors operating in society as a whole. Issues Paper 11 – Catholic Church Final Hearing Page 3 of 27 SUBM.2449.001.0004 Introduction Micah Projects has worked with people who have experienced childhood sexual abuse in an institutional setting including out of home care settings, parishes, youth groups. Lotus Place is a funded service which provides specialist support to people who were in out of home care following significant inquires, reports and a growing body of evidence of the extent of childhood sexual abuse , alongside physical, emotional and spiritual abuse. In addition to incidents of abuse or criminal behavior many people see the fundamental breach of fudicaury care by the Catholic Church as contributing to the extent to which childhood sexual abuse occurred and was covered up by cultures of secrecy and protection of the institution rather than protection of the victim. It has been the burden on people who experienced the abuse and criminal acts of childhood sexual abuse historically to advocate and the challenge the power of the church in society over the years in the face of harsh ridicule, isolation and attempts to discredit by those in power as the culture of the Catholic Church has been under the spotlight of external authorities. Underpinning Micah Projects’ approach to learning over the years how to bring the experiences of individuals into public advocacy has been the justice-making principles enunciated by Dr Marie Fortune from the Faith Trust Institute: Truth Telling Give voice to the reality of abuse. Acknowledge the Violation Hear the truth, name the abuse and condemn it as wrong. Compassion Listen and provide support to the person disclosing. Protecting the Vulnerable Take steps to prevent further abuse to the person and others. Accountability Takes steps to assist in the confrontation of the abuser, and seek redress. Restitution Make symbolic restoration of what was lost, give tangible means to acknowledge the wrongfulness of the abuse and the harm done, and to bring about healing. Vindication Move the blame and responsibility for the abuse. Issues Paper 11 – Catholic Church Final Hearing Page 4 of 27 SUBM.2449.001.0005 As noted, Micah Projects has been responsible for developing a model of practice for individual advocacy with people who have experienced abuse whilst in the care of the church and state. This process enables the progression of complaint or a crime through the appropriate civil, criminal and or internal organizational Over the past twenty years Micah Projects has worked across Christian denominations who have been progressing the development of protocols and processes for processing complaints or reports of childhood abuse including child sexual abuse as people have come forward seeking justice. Micah Projects has spent many years working with the Catholic Church’s complaints process Toward Healing. It has been the experience of advocates that as with victims, our role, input and contribution has not always been welcome. Advocacy in relation to the churches and in particular the Catholic Church has often been re- framed as individuals who have a chip on their shoulder or a grip with the church. Many active Catholics who have spoken up have been marginalized and reframed as problematic as they came in touch with a culture within the Catholic Church were questioning was seen as not being loyal, and persistence as being emotional or not competent. However for many it has been the practice of not telling the truth in the face of being questioned by media, professionals, police, and parish or diocesan leaders. A culture were others have been placed of positions of compromise and unease. This could be attributed to religious leaders using the teaching or practice of mental reservation. The is practice was described by Cardinal Desmond Connell in the Murphy Report into the Sexual abuse scandal in the Catholic archdiocese of Dublin “Well the general teaching about mental reservation is that you are permitted to tell a lie. On the other hand you may be put in a position where you have to answer, and there may be circumstances in which you can us an ambiguous expression releasing that the person who you are talking to will accept an untrue version of whatever it may be,. – permitting that to happen, not willing that it happened, that would by lying. It really is a matter of trying to deal with extraordinary difficult matters that may arise in social relations where people may ask questions that you simply cannot answer. Everybody knows that this kind of thing is liable to happen. So mental reservation is, in a sense a way of answering without lying.” It would be a shared view of many victims and advocates that The Australian Catholic Church as in Ireland and as stated in the Murphy Report has demonstrated ‘ …preoccupations in dealing with cases of child sexual abuse, … were the maintenance of secrecy, the avoidance of scandal, the protection of the reputation of the church and the preservation of assets . All other considerations, including the welfare of children and justice for victims were subordinated too these priorities. Issues Paper 11 – Catholic Church Final Hearing Page 5 of 27 SUBM.2449.001.0006 The Royal Commission has vindicated many individuals who have took the pathway of advocacy and seeking the church to be more transparent, honest and prioritizing the victims of abuse rather than the institution itself and or the offending clergy. There has been a great moral injury arising from the Catholic Churches response to childhood sexual abuse by clergy and religious and in particular the extent to which religious leaders have not told the truth. Many people have been removing themselves from any further involvement of the church. This requires intentional and corrective action by church leaders to re-engage with victims, families and communities to a) bring about reconciliation through truth telling b) listening to how people have been impacted on and c) to ensure that the vulnerability of victim/survivors is forefront of the Catholic Churches response to the recommendations of the Royal Commission into institutional Responses to Childhood Sexual Abuse. There needs to be genuine and real engagement by religious leaders and not just a public relations exercise to bring to life the moral repair required to build the capacity of the community to re- build trust in the church as an trustworthy institution in Australian society. Since the late 1990s, Micah Projects is committed to continued engagement with individuals, family members and communities impacted on by childhood sexual abuse in an institutional setting. As an organization we are committed to supporting people address the power imbalances with people who are seeking healing, justice and redress. Karyn Walsh – CEO For Issues Paper 11, Micah Projects conducted focus groups with three areas of participants who had experience with the Catholic Church. The first is a group of witnesses from Case Study No.26; the second is a larger group from Lotus Place who had been in care in Catholic institutions and/or had been through a complaints procedure with the Catholic Church, the third group is St Mary’s in Exile, who is a community of diverse people inclusive of all faith, many come from a Catholic background. Issues Paper 11 – Catholic Church Final Hearing Page 6 of 27 SUBM.2449.001.0007 The themes throughout this paper reflect the feedback from the three focus groups and a history of working as the social justice support of a Catholic Community (St Mary’s Catholic Church followed by St Mary’s in Exile) in South Brisbane.