EXECUTIVE SUMMARY, PHASE 1 Facts & Findings The Cornwall Public Inquiry was established by the Ontario government on April 14, 2005, pursuant to the Public Inquiries Act. The Order-in-Council establishing this Commission set out the mandate: 2. The Commission shall inquire into and report on the institutional response of the justice system and other public institutions, including the interaction of that response with other public and community sectors, in relation to: (a) allegations of historical abuse of young people in the Cornwall area, including the policies and practices then in place to respond to such allegations, and (b) the creation and development of policies and practices that were designed to improve the response to allegations of abuse in order to make recommendations directed to the further improvement of the response in similar circumstances. 3. The Commission shall inquire into and report on processes, services or programs that would encourage community healing and reconciliation in Cornwall. 4. The Commission may provide community meetings or other opportunities apart from formal evidentiary hearings for individuals affected by the allegations of historical abuse of young people in the Cornwall area to express their experiences of events and the impact on their lives. The mandate was divided into two parts. Phase 1 was the fact-finding phase. This portion of the mandate required me to inquire into and report on the events surrounding allegations of abuse of young people in Cornwall by examining the 1 2 REPORT OF THE CORNWALL INQUIRY — VOLUME 4 response of the justice system and other public institutions to the allegations. I was also required to make recommendations to improve the response in similar circumstances. The work of this phase of the Inquiry was conducted by way of evidentiary hearings. Phase 2 was directed toward the goal of community healing and reconciliation. In Phase 2, we commissioned research papers, held community meetings and educational workshops, established witness and counselling support programs, and provided the opportunity for individuals to give informal testimony as part of the process of healing. Expert Evidence on Child Abuse The Phase 1 evidentiary hearings at the Cornwall Public Inquiry began with testimony on child sexual abuse from experts in different disciplines. The experts included psychologists, social workers, police officers, law professors, and Crown prosecutors. They gave an overview of the different types of child sexual abuse and described the prevalence of child sexual abuse in Canada. It was explained that children cannot give informed consent to sexual activity, behaviour they do not fully understand. Moreover, the relationship context is critical to under- standing the nature of the abuse. The experts described the emotional bond that the child may have with the adult perpetrator of the abuse. The concept of “grooming” of children by abusers was also discussed. Over time, child victims are introduced by the perpetrator to sexual activities. The grooming process is designed to make the child believe that the sexual activi- ties are “normal” and acceptable. The experts stated that pedophilia, which is sexual orientation toward children, is designated as a mental disorder in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.1 It was explained that pedophiles have no common background and are from different socio- economic classes and ethnic groups. Pedophiles can be married, single, and have children. They can have a heterosexual, homosexual, or bisexual orientation. According to the experts, almost all pedophiles are male. Child sexual abuse usually occurs within ongoing relationships based on the appearance of protection, nurturing, and trust. Children often do not realize they are victims and repeatedly and voluntarily return to the abuser. They may be offered gifts, alcohol, or money. If an important or prominent member of the community such as a school principal, priest, or teacher instructs them to engage in particular sexual conduct, children may believe that this is acceptable behaviour. 1. American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 4th ed. (Washington, DC: American Psychiatric Association, 1994). EXECUTIVE SUMMARY, PHASE 1 3 In fact, victims of sexual abuse may not know until many years later that they have been abused. According to experts, offenders prey on vulnerable children. Perpetrators seek to exert various controls over children—for example, financial and emo- tional—in order to disempower and intimidate these young people. There is a high recidivism rate among pedophiles. Child sexual abuse has devastating effects not only during childhood but also long term, throughout adulthood. The impacts are psychological, physical, and financial. The consequences of child sexual abuse may also be intergenerational. The impact of child sexual abuse depends not only on the severity and chronic nature of the abuse but also on the child’s family and situational characteristics. As the experts stated, one of the most significant factors in mitigating the negative effects of child sexual abuse is support from and protective actions by the child’s parents. The response from institutions and from officials in the institutions, such as childcare workers and police officers, is also important in terms of minimizing the adverse impact of the abuse. According to the experts, children who are believed and supported have the best chance of growing up healthy. The impact of child sexual abuse is generally more serious if the molester is in a position of trust and authority. The long-term effects of child abuse in non-familial settings are connected to the nature of the relationship of the victim with the abuser, the significance of the setting, and the nature and the severity of the abuse. The importance of the institution, the role of the perpetrator(s) in the institution or organization, and the community’s response to the allegations of abuse all have an impact on the long-term effects of the abuse on the victim. The circumstances surrounding the abusive acts and post-abuse events have a profound impact on the well-being of the abused victim. That is, the nature of the sexual acts, whether violence was involved, and the response of the institu- tion to disclosure by the child victim are important. For instance, if a religious or educational institution simply transfers a priest, teacher, or other perpetrator and does not conduct an investigation, the child victim may experience further feelings of self-blame and more serious, long-lasting consequences. The failure of the justice system to respond appropriately when allegations are raised can also have a devastating impact on victims of child sexual abuse. The difficulties of disclosure encountered by child victims of sexual abuse are complex. Disclosure is very difficult for such victims because of their vulner- ability and the power imbalance between them and the perpetrators of the abuse. The experts discussed the many reasons why child victims of abuse fail to disclose. First, a young child may not in fact know that the sexual behaviour of an authority figure such as a teacher, priest, or foster parent is inappropriate. 4 REPORT OF THE CORNWALL INQUIRY — VOLUME 4 Second, the child may be threatened by the abuser if he or she discloses the sexual acts to a person in the institution, to a parent, or to another caregiver. The rela- tionship between the child, the abuser, and the institutional context also affects the victim’s ability to disclose abuse. For example, a child raised in a community in which a religious institution is highly valued is less likely to report that he has been abused by a priest, minister, or other religious figure in that institution. Furthermore, the child victim may believe that disclosure will disrupt or destroy his or her family or community. Children may also not disclose because they feel embarrassed or guilty, or think they will not be believed. They may not feel safe disclosing the sexual abuse. Children may also feel guilty or ashamed because they found the sexual acts pleasurable. Disclosure may occur one year, several years, or even decades after the sexual abuse. Survivors may feel that the abuse is something they need to resolve in their lives, or they may be very concerned that their siblings, children, or grand- children are at risk of being abused by the same perpetrator. The victims may be in a different setting and consequently feel that their surroundings are such that it is safe to disclose the sexual abuse. They may also want to provide an explanation for their behaviour to their spouses, friends, family members, or the people with whom they work. Victims of abuse may also decide to seek therapy and compensation for the abuse. Survivors of abuse may seek acknowledgment of the abuse as well as an apology from the perpetrator. Growing Awareness of Child Sexual Abuse Until the 1980s, there was very little knowledge in Canada or in the United States of the prevalence or impact of child sexual abuse. In 1983, Bill C-127 was proclaimed. Prior to that time, laws on sexual abuse focused on penetration. There were no offences in the Criminal Code for fondling, invitation to sexual touching, or for sexual exploitation of children by individuals in positions of trust. Also the language of many of the criminal offences described men as the offenders and women as victims, although boys are often victims of sex crimes and women are sometimes the offenders. The 1983 reforms repealed the crime of rape and replaced it with sexual assault. Three tiers of sexual assault were introduced in the Criminal Code: sexual assault, sexual assault causing bodily harm, and aggravated sexual assault. Also the rules relating to the law of recent complaint were abrogated. It was not until the Badgley Report in 1984 that government officials, Crown prosecutors, police officers, mental health professionals, and the public began to understand the scope of the problem of child sexual abuse in Canada.