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Child sexual abuse royal commission delivers final report – live Child sexual abuse royal commission delivers final report – live
(35 minutes later)
The Australian Catholic Bishops Conference should request the Holy See to amend aspects of canon law – including that which dictates celibacy – the royal commission has recommended.
Among the recommendations are several calling for the conference to ask the pope to amend or create new laws that:
Consider establishing an Australian tribunal for trying canonical disciplinary cases against clergy
ensure Vatican Congregations and canonical appeal courts always publish [in a timely manner] decisions in disciplinary matters relating to child sexual abuse, and provide written reasons for their decisions [unless suppression is required to protect a victim]
Remove the requirement to destroy documents relating to canonical criminal cases in matters of morals, where the accused cleric has died or ten years have elapsed from the condemnatory sentence
Amend the ‘imputability’ test in canon law so that a diagnosis of paedophilia is not relevant to the prosecution of or penalty for a canonical offence relating to child sexual abuse
Consider introducing voluntary celibacy for diocesan clergy
In September a report, which looked at findings from commissions and inquiries across the globe, found Catholic sexual abuse was partly caused by secrecy and mandatory celibacy.
BREAKING: THIS IS BIG - Royal Commission recommends Holy See consider introducing voluntary celibacy for diocesan clergy pic.twitter.com/HE13tQkI7e
There has been a bit of attention on one particular recommendation - that religious confessions no longer be protected and that failing to report child sexual abuse should be a criminal offence - but this is one that had actually come out already earlier this year.
At the time, the president of the Australian Catholic Bishops Conference, Archbishop Denis Hart, upset many abuse survivors and advocates when he said he would risk going to jail rather than report allegations of child sexual abuse raised during confession.
He said the sacredness of communication with God during confession should be above the law.
In a statement issued on Friday Hart said abuse within Catholic institutions was “a shameful past, in which a prevailing culture of secrecy and self-protection led to unnecessary suffering for many victims and their families”.
“Once again I reiterate my unconditional apology for this suffering and a commitment to ensuring justice for those affected,” he said.
Hart did not address the topic of confession in today’s statement, but the archbishop of Sydney, Anthony Fisher, is expected to hold a press conference any minute now.
Blue Knot Foundation president Dr Cathy Kezelman says the report has identified “fundamental flaws in existing regulatory and compliance mechanisms and notable blocks to justice in our wider legal and justice system”.Blue Knot Foundation president Dr Cathy Kezelman says the report has identified “fundamental flaws in existing regulatory and compliance mechanisms and notable blocks to justice in our wider legal and justice system”.
Blue Knot is a national organisation supporting adult survivors of childhood trauma.Blue Knot is a national organisation supporting adult survivors of childhood trauma.
“At the very least we need consistency across our criminal and civil litigation jurisdictions so that perpetrators and institutions are brought to account and victims have access to non-re-traumatising civil process,” Kezelman says, calling for trauma-informed training for police, lawyers and justice personnel. “At the very least we need consistency across our criminal and civil litigation jurisdictions so that perpetrators and institutions are brought to account and victims have access to a non-re-traumatising civil process,” Kezelman says, calling for trauma-informed training for police, lawyers and justice personnel.
“If the findings tell us nothing else, it’s that we urgently need all parties to take moral accountability and use the power, once wielded to protect perpetrators and institutions, to work together without delay in protecting the human rights and dignity of our children and citizens.“If the findings tell us nothing else, it’s that we urgently need all parties to take moral accountability and use the power, once wielded to protect perpetrators and institutions, to work together without delay in protecting the human rights and dignity of our children and citizens.
“The Commission has been ground-breaking. It’s critical that we don’t now close the book on its work and the thousands who believed in its processes.”“The Commission has been ground-breaking. It’s critical that we don’t now close the book on its work and the thousands who believed in its processes.”
The archbishop of Sydney, Anthony Fisher, has promised the report “will not sit on any shelf”.The archbishop of Sydney, Anthony Fisher, has promised the report “will not sit on any shelf”.
I will study the findings and recommendations carefully, and then provide a detailed response as we discern, with the rest of the community, the best way forward.I will study the findings and recommendations carefully, and then provide a detailed response as we discern, with the rest of the community, the best way forward.
Many of the findings and recommendations will come as no surprise, as they have been touched upon during the life of the Royal Commission; others will require further examination.Many of the findings and recommendations will come as no surprise, as they have been touched upon during the life of the Royal Commission; others will require further examination.
But what I can say is that I’m appalled by the sinful and criminal activity of some clergy, religious and lay church-workers, that I’m ashamed of the failure to respond by some church leaders, and that I stand ready to address any systemic issues behind this.”But what I can say is that I’m appalled by the sinful and criminal activity of some clergy, religious and lay church-workers, that I’m ashamed of the failure to respond by some church leaders, and that I stand ready to address any systemic issues behind this.”
Fisher said the Catholic church in Australia had been trying to respond to the concerns for the past two decades, and had “come a long way from where we were when most of these terrible crimes occurred in the 1960s, 70s and 80s”, but there was always more the be done.Fisher said the Catholic church in Australia had been trying to respond to the concerns for the past two decades, and had “come a long way from where we were when most of these terrible crimes occurred in the 1960s, 70s and 80s”, but there was always more the be done.
This post was amended to correctly identify the Catholic archbishop, Anthony Fisher.This post was amended to correctly identify the Catholic archbishop, Anthony Fisher.
“The churches and charities no longer wield the power over the poor and the voiceless,” says Leonie Sheedy, head of the Care Leavers Network.“The churches and charities no longer wield the power over the poor and the voiceless,” says Leonie Sheedy, head of the Care Leavers Network.
“You know, governments have to take these recommendations seriously and not give sway to those powerful churches – they were powerful in the past. They’re no longer powerful. You know, the little people have risen up, we’ve found our voices and we’re never ever going to be quiet.”“You know, governments have to take these recommendations seriously and not give sway to those powerful churches – they were powerful in the past. They’re no longer powerful. You know, the little people have risen up, we’ve found our voices and we’re never ever going to be quiet.”
Sheedy said she and others would continue to advocate for redress and change in every Australian jurisdiction, with participation from every state, territory and institution. She accused South Australia of “dragging the chain” on national redress.Sheedy said she and others would continue to advocate for redress and change in every Australian jurisdiction, with participation from every state, territory and institution. She accused South Australia of “dragging the chain” on national redress.
“We demand the prime minister and Bill Shorten and Richard Di Natale – this needs to be bipartisan and you need to care about all Australian children and all of us who are elderly care leavers and probably end up in a nursing home and that’s probably our greatest fear – that we’ll be re-interfered with by aged care facilities, they even name some of those nursing homes the same names as our orphanages we grew up in. How traumatic will that be for people like us?”“We demand the prime minister and Bill Shorten and Richard Di Natale – this needs to be bipartisan and you need to care about all Australian children and all of us who are elderly care leavers and probably end up in a nursing home and that’s probably our greatest fear – that we’ll be re-interfered with by aged care facilities, they even name some of those nursing homes the same names as our orphanages we grew up in. How traumatic will that be for people like us?”
Sheedy appeared on ABC holding a sign which read “thank you Julia Gillard”.Sheedy appeared on ABC holding a sign which read “thank you Julia Gillard”.
“It took the first female prime minister and it took an atheist. We would never have gotten this royal commission, we would ever have got the light shone on our horrific histories if it hadn’t been for Julia. A huge, sincere thanks, Julia Gillard, from all care leavers of Australia.”“It took the first female prime minister and it took an atheist. We would never have gotten this royal commission, we would ever have got the light shone on our horrific histories if it hadn’t been for Julia. A huge, sincere thanks, Julia Gillard, from all care leavers of Australia.”
Yesterday McClellan presented the National Library of Australia with a book of around 1,000 messages handwritten by survivors of institutional child sexual abuse.Yesterday McClellan presented the National Library of Australia with a book of around 1,000 messages handwritten by survivors of institutional child sexual abuse.
Survivors’ share their experiences and their hopes for creating a safer environment for children in the future. A slideshow containing all the messages in the ‘Message to Australia’ book can be found here.Survivors’ share their experiences and their hopes for creating a safer environment for children in the future. A slideshow containing all the messages in the ‘Message to Australia’ book can be found here.
I’ll be publishing some of them throughout the live coverage of the report and its findingsI’ll be publishing some of them throughout the live coverage of the report and its findings
A key recommendation in the report calls for the federal government to establish a National Office for Child Safety, sitting within the department of prime minister and cabinet, with its first job to develop a national framework to prevent child sexual abuse.A key recommendation in the report calls for the federal government to establish a National Office for Child Safety, sitting within the department of prime minister and cabinet, with its first job to develop a national framework to prevent child sexual abuse.
Within 18 months the office should become a statutory body.Within 18 months the office should become a statutory body.
The federal government should also create a federal ministerial portfolio overseeing children’s policy issues including the to-be-developed national framework.The federal government should also create a federal ministerial portfolio overseeing children’s policy issues including the to-be-developed national framework.
The framework should:The framework should:
Commit governments to improving the safety of all children by implementing longterm child safety initiatives, with appropriate resources, and holding them to accountCommit governments to improving the safety of all children by implementing longterm child safety initiatives, with appropriate resources, and holding them to account
Be endorsed by the Council of Australian Governments and overseen by a joint ministerial bodyBe endorsed by the Council of Australian Governments and overseen by a joint ministerial body
Commence after the expiration of the current National Framework for Protecting Australia’s Children, no later than 2020Commence after the expiration of the current National Framework for Protecting Australia’s Children, no later than 2020
Cover broader child safety issues, as well as specific initiatives to better prevent and respond to institutional child sexual abuse including initiatives recommended by the Royal CommissionCover broader child safety issues, as well as specific initiatives to better prevent and respond to institutional child sexual abuse including initiatives recommended by the Royal Commission
Include links to other related policy frameworksInclude links to other related policy frameworks
Current prime minister, Malcolm Turnbull, has also responded to the report’s release. Speaking in Sydney, he encouraged everyone to read it.Current prime minister, Malcolm Turnbull, has also responded to the report’s release. Speaking in Sydney, he encouraged everyone to read it.
“I want to thank the Royal Commissioners for their work. It’s been very tough, often harrowing work, but above all, I want to thank and honour the courage of the survivors and their families who’ve told, often for the first time, the dreadful stories of abuse that they received from people who actually owed them love and protection.“I want to thank the Royal Commissioners for their work. It’s been very tough, often harrowing work, but above all, I want to thank and honour the courage of the survivors and their families who’ve told, often for the first time, the dreadful stories of abuse that they received from people who actually owed them love and protection.
“What that commission has done has exposed a national tragedy.”“What that commission has done has exposed a national tragedy.”
Then prime minister, Julia Gillard, announced the royal commission in 2012, saying there had been “a systemic failure to respond to [child sexual abuse]”.Then prime minister, Julia Gillard, announced the royal commission in 2012, saying there had been “a systemic failure to respond to [child sexual abuse]”.
“These are insidious, evil acts to which no child should be subject. There have been too many revelations of adults who have averted their eyes from this evil.”“These are insidious, evil acts to which no child should be subject. There have been too many revelations of adults who have averted their eyes from this evil.”
A short time ago Gillard gave her thanks to the inquiry at the end of their five years of work.A short time ago Gillard gave her thanks to the inquiry at the end of their five years of work.
On this historic day, my personal thanks go to the Royal Commissioners and all who supported their work. Our nation is indebted to you and to the survivors who fought so hard for justice and a safer future for our children. JGOn this historic day, my personal thanks go to the Royal Commissioners and all who supported their work. Our nation is indebted to you and to the survivors who fought so hard for justice and a safer future for our children. JG
The commission has made comprehensive recommendations about reform needed in Catholic institutions.The commission has made comprehensive recommendations about reform needed in Catholic institutions.
Earlier we posted a finding that almost 63% of survivors who reported abuse in a religious institution named that institution as managed by the Catholic church.Earlier we posted a finding that almost 63% of survivors who reported abuse in a religious institution named that institution as managed by the Catholic church.
A key finding was that Catholic schools in the Archdiocese of Melbourne have a “dysfunctional” employment structure, where the parish priest is the employer of the school principal and school staff for parish schools.A key finding was that Catholic schools in the Archdiocese of Melbourne have a “dysfunctional” employment structure, where the parish priest is the employer of the school principal and school staff for parish schools.
“There is a risk that having the priest as employer could act as a barrier to people reporting concerns about child sexual abuse,” the report found.“There is a risk that having the priest as employer could act as a barrier to people reporting concerns about child sexual abuse,” the report found.
“We recommend that parish priests should not be the employers of principals and teachers in Catholic schools.”“We recommend that parish priests should not be the employers of principals and teachers in Catholic schools.”
The commissioners found numerous cases where alleged perpetrators were priests associated with Catholic schools, and concluded the relevant bishop or archbishop knew of the allegations but failed to take action or protect children.The commissioners found numerous cases where alleged perpetrators were priests associated with Catholic schools, and concluded the relevant bishop or archbishop knew of the allegations but failed to take action or protect children.
“Their inaction left these priests in positions where they had ongoing access to children in Catholic schools. It was left to principals and teachers to attempt to manage the risk these individuals posed to children.”“Their inaction left these priests in positions where they had ongoing access to children in Catholic schools. It was left to principals and teachers to attempt to manage the risk these individuals posed to children.”
The report also found “child sexual abuse by Catholic clergy and religious may be explained by a combination of psychosexual and other related factors on the part of the individual perpetrator, and a range of institutional factors, including theology, governance and culture.The report also found “child sexual abuse by Catholic clergy and religious may be explained by a combination of psychosexual and other related factors on the part of the individual perpetrator, and a range of institutional factors, including theology, governance and culture.
“The same theological, governance and cultural factors that contributed to the occurrence of the abuse also contributed to inadequate responses of Catholic institutions to that abuse.”“The same theological, governance and cultural factors that contributed to the occurrence of the abuse also contributed to inadequate responses of Catholic institutions to that abuse.”
The majority of survivors (64.3%) were maleThe majority of survivors (64.3%) were male
More than half of survivors told us that they were aged between 10 and 14 years when they were first sexually abusedMore than half of survivors told us that they were aged between 10 and 14 years when they were first sexually abused
Female survivors generally reported being younger when they were first sexually abused than male survivors reportedFemale survivors generally reported being younger when they were first sexually abused than male survivors reported
14.3% of survivors were Aboriginal and Torres Strait Islander people14.3% of survivors were Aboriginal and Torres Strait Islander people
4.3% of survivors told us they had disability at the time of the abuse4.3% of survivors told us they had disability at the time of the abuse
3.1% of survivors were from culturally or linguistically diverse backgrounds3.1% of survivors were from culturally or linguistically diverse backgrounds
93.8% of survivors told us they were abused by a male93.8% of survivors told us they were abused by a male
83.8% of survivors said they were abused by an adult83.8% of survivors said they were abused by an adult
10.4% of survivors were in prison at the time of their private session10.4% of survivors were in prison at the time of their private session
The average duration of child sexual abuse experienced in institutions was 2.2 yearsThe average duration of child sexual abuse experienced in institutions was 2.2 years
36.3% of survivors said they were abused by multiple perpetrators.36.3% of survivors said they were abused by multiple perpetrators.
Leonie Sheedy and other members the Care Leavers Australasia Network (Clan) waited outside Government House in Canberra to greet commissioner Justice Peter McClellan of the royal commission into child sexual abuse as he arrived to hand over the final report to the Australian governor general Sir Peter Cosgrove.Leonie Sheedy and other members the Care Leavers Australasia Network (Clan) waited outside Government House in Canberra to greet commissioner Justice Peter McClellan of the royal commission into child sexual abuse as he arrived to hand over the final report to the Australian governor general Sir Peter Cosgrove.
From the report:From the report:
More than one in three survivors (36%) said they were sexually abused in pre-1990 out-of-home care – primarily in residential institutions, such as children’s homes, missions or reformatories.More than one in three survivors (36%) said they were sexually abused in pre-1990 out-of-home care – primarily in residential institutions, such as children’s homes, missions or reformatories.
Just under one-third (31.8%) said they were abused in a school, and 14.5% said they were abused while involved in religious activities, such as attending a church or seminary.Just under one-third (31.8%) said they were abused in a school, and 14.5% said they were abused while involved in religious activities, such as attending a church or seminary.
More than one in five survivors (21%) said they were sexually abused in more than one institution.More than one in five survivors (21%) said they were sexually abused in more than one institution.
Of those survivors who told us about the types of institution where they were abused, 58.6% said they were sexually abused in an institution managed by a religious organisation.Of those survivors who told us about the types of institution where they were abused, 58.6% said they were sexually abused in an institution managed by a religious organisation.
Almost 2,500 survivors told us about sexual abuse in an institution managed by the Catholic church. This was 61.8% of all survivors who reported sexual abuse in a religious institution. It was 36.2% of all survivors who came to a private session.Almost 2,500 survivors told us about sexual abuse in an institution managed by the Catholic church. This was 61.8% of all survivors who reported sexual abuse in a religious institution. It was 36.2% of all survivors who came to a private session.
From the report:From the report:
2,203 survivors (or 32%) in private sessions told us they were abused in an institution under government management, most commonly schools, out-of-home care, youth detention and healthcare facilities.2,203 survivors (or 32%) in private sessions told us they were abused in an institution under government management, most commonly schools, out-of-home care, youth detention and healthcare facilities.
More than 10% of survivors (714) told us that they were sexually abused in institutions that were not under government or religious management.More than 10% of survivors (714) told us that they were sexually abused in institutions that were not under government or religious management.
Of these survivors, almost two-thirds (63.3%) said the abuse occurred in a private organisation, such as a childcare centre, a medical practice or clinic, a music or dance school, an independent school, a yoga ashram or a sports club.Of these survivors, almost two-thirds (63.3%) said the abuse occurred in a private organisation, such as a childcare centre, a medical practice or clinic, a music or dance school, an independent school, a yoga ashram or a sports club.
More than one-third (36.1%) told us they were sexually abused in a non-government or not-for-profit organisation.”More than one-third (36.1%) told us they were sexually abused in a non-government or not-for-profit organisation.”
From the report’s preface:From the report’s preface:
It is now apparent that across many decades, many of society’s institutions failed our children. Our child protection and criminal and civil justice systems let them down.It is now apparent that across many decades, many of society’s institutions failed our children. Our child protection and criminal and civil justice systems let them down.
Although the primary responsibility for the sexual abuse of a child lies with the abuser and the institution of which they were part, we cannot avoid the conclusion that the problems faced by many people who have been abused are the responsibility of our entire society.Although the primary responsibility for the sexual abuse of a child lies with the abuser and the institution of which they were part, we cannot avoid the conclusion that the problems faced by many people who have been abused are the responsibility of our entire society.
Society’s values and mechanisms which were available to regulate and control aberrant behaviour failed.Society’s values and mechanisms which were available to regulate and control aberrant behaviour failed.
......
Although, inevitably, the Royal Commission has looked at past events, it is important that the momentum for change initiated by the Royal Commission’s work is not lost and that lasting changes to protect children are implemented.Although, inevitably, the Royal Commission has looked at past events, it is important that the momentum for change initiated by the Royal Commission’s work is not lost and that lasting changes to protect children are implemented.
The Royal Commission has been concerned with the sexual abuse of children within institutions. However, notwithstanding the problems we have identified in institutions, the number of children who are sexually abused in familial or other circumstances far exceeds those who are abused in an institution.The Royal Commission has been concerned with the sexual abuse of children within institutions. However, notwithstanding the problems we have identified in institutions, the number of children who are sexually abused in familial or other circumstances far exceeds those who are abused in an institution.
The sexual abuse of a child is intolerable in a civilised society. It is the responsibility of our entire community to acknowledge that children are vulnerable to abuse. We must each resolve that we will do what we can to protect them. The tragic impact of abuse for individuals and through them our entire society demands nothing less.The sexual abuse of a child is intolerable in a civilised society. It is the responsibility of our entire community to acknowledge that children are vulnerable to abuse. We must each resolve that we will do what we can to protect them. The tragic impact of abuse for individuals and through them our entire society demands nothing less.
It contains 17 volumes – some of which themselves contain multiple volumes. The first alone is more than 330 pages. We’ll bring you key findings as we go through it.It contains 17 volumes – some of which themselves contain multiple volumes. The first alone is more than 330 pages. We’ll bring you key findings as we go through it.
The executive summary is here (pdf).The executive summary is here (pdf).
The Anglican church has released a statement this morning ahead of the release of the final report, which will then be tabled to parliament out of session and made public, we’ve been told, before noon.The Anglican church has released a statement this morning ahead of the release of the final report, which will then be tabled to parliament out of session and made public, we’ve been told, before noon.
The commission has been releasing a series of incremental reports about abuse in various institutions in the lead-up to their final report being delivered to the governor general today, and last week released damning findings about the Anglican diocese of Newcastle.The commission has been releasing a series of incremental reports about abuse in various institutions in the lead-up to their final report being delivered to the governor general today, and last week released damning findings about the Anglican diocese of Newcastle.
The commission found paedophiles were allowed to harm children for at least 30 years within the diocese because of a series of failures by leaders, who had a “do nothing” approach to reports of abuse.The commission found paedophiles were allowed to harm children for at least 30 years within the diocese because of a series of failures by leaders, who had a “do nothing” approach to reports of abuse.
In a statement, the head of the Anglican church of Australia, Melbourne Archbishop Dr Philip Freier, said the Anglican church of Australia has “deeply appreciated” the work of the royal commission.In a statement, the head of the Anglican church of Australia, Melbourne Archbishop Dr Philip Freier, said the Anglican church of Australia has “deeply appreciated” the work of the royal commission.
“The commissioners and their staff have been diligent for five years, delving into matters thatmust have been distressing for commissioners and staff as well as survivors,” Freier said.“The commissioners and their staff have been diligent for five years, delving into matters thatmust have been distressing for commissioners and staff as well as survivors,” Freier said.
“Case studies involving branches of the Anglican church have been shocking and distressing forAnglicans, and have confronted us with our failings ... we admit that sometimes we have been slow to grasp the extent or severity of abuse.“Case studies involving branches of the Anglican church have been shocking and distressing forAnglicans, and have confronted us with our failings ... we admit that sometimes we have been slow to grasp the extent or severity of abuse.
“There has been a change in the wider culture of the Anglican church about child abuse as allelements of the church have had to face our failures – a change that, again, was largely due to the royal commission and the church’s response.“There has been a change in the wider culture of the Anglican church about child abuse as allelements of the church have had to face our failures – a change that, again, was largely due to the royal commission and the church’s response.
“Once again, I apologise on behalf of the church to survivors, their families, and others harmed by our failures and by the shameful way we sometimes actively worked against and discouraged those who came to us and reported abuse. The work of making the church a safe place is never finished and cannot be taken for granted. We will engage with the final report released today to improve our systems, protocols and procedures.”“Once again, I apologise on behalf of the church to survivors, their families, and others harmed by our failures and by the shameful way we sometimes actively worked against and discouraged those who came to us and reported abuse. The work of making the church a safe place is never finished and cannot be taken for granted. We will engage with the final report released today to improve our systems, protocols and procedures.”