Tag Archives: Catholic Archdiocese of Melbourne Australia

Heartbreak relived: Catholic Church seeks abuse victim’s abortion record

From the link https://www.theage.com.au/national/victoria/heartbreak-relived-catholic-church-seeks-abuse-victim-s-abortion-record-20211222-p59ji4.html

A woman who was sexually abused by a Catholic priest says the church is now trying to subpoena deeply personal medical records, including of an unrelated abortion, as part of her lawsuit against the archbishop.

The woman, a former teacher now aged 60, is suing the Melbourne archiocese over allegations the abuse her parish priest subjected her to from the age of 13 caused psychiatric injury, including post-traumatic stress disorder and depression.

The survivor and her lawyers say, while the church accepted she was sexually assaulted by Preston assistant priest Father Francis Thorp in the 1970s, its legal team intends to subpoena sensitive medical records as part of the claim.

The records flagged for subpoena include information about a termination she had when she was in her late 20s, a decade after the abuse ceased, a contraceptive device she had implanted and her obstetric records.

The woman, who cannot be identified for legal reasons, told The Age the records were “absolutely irrelevant” to her claim against the archdiocese.

“My husband and I made a choice 35 years ago,” she said.

“It was a heart-breaking decision. And now I have to explain myself again.”

She said she and husband chose to undergo the procedure as she had two infants, one of whom was a few months old, and she was struggling with depression and trauma.

The woman, who recently obtained a Juris Doctor in law, described the legal tactic as “extraordinarily aggressive”.

“It’s shattering,” she said.

A spokesperson for the archdiocese would not comment specifically on the case because it was before the courts, but said in any matter “all relevant material should be brought before the court”.

“In all matters we seek to deal very sensitively with issues, and will continue to do so,” the spokesperson said.

Victorian Attorney-General Jaclyn Symes said the justice system must recognise the unique trauma involved when victim-survivors seek justice for the abuse perpetrated against them.

“Victim-survivors of sexual offences need to be given every opportunity to seek justice, while being protected from unnecessary re-traumatisation,” Ms Symes said.

Sydney lawyer Bill Madden, who wrote a book about institutional abuse litigation, said defendants accused of causing psychiatric harm by abuse typically request medical records to point to other incidents that might have caused injury. He said, under normal circumstances, those defendants would not know what was in the records when they request them.

“It can be quite important working out how a person has been affected, and to therefore try and put a dollar value on their compensation amount,” Mr Madden said.

“Unfortunately that means access to all sorts of records, depending on the nature of the claim.”

Melbourne University law school emeritus professor Ian Malkin, who specialised in torts law, agreed that the intent of the subpoena was to find other reasons for psychiatric harm.

“This is probably not a surprising strategy, but it’s an unfortunate and disappointing one,” Professor Malkin said.

Prominent survivors’ advocate Chrissie Foster, whose two daughters were horrifically abused by another Melbourne priest, said the church’s strategy was outrageous.

“They know they are negligent and responsible and yet after a royal commission, the Victorian parliamentary inquiry and all the law changes, they are still behaving like hoodlums,” Ms Foster said.

The church in this case is represented by its long-standing lawyers at Corrs Chambers Westgarth.

A spokesperson for the firm said it would not comment on client matters.

Rightside Legal’s Michael Magazanik, who is representing the plaintiff, said there was no legal justification to request records about the contraceptive choices his client made 30 years ago.

“These sorts of tactics are absurd and oppressive and should be a thing of the past,” Mr Magazanik said.

“You also have to ask, as the archbishop prepares for Christmas, does he approve of what is being done to an admitted abuse survivor?

Such a subpoena would require the permission of a judge, and Mr Magazanik said he would seek a court order to prevent access to the records.

This case will be before the Victorian Supreme Court next year.

Study identifies 16 child sex abuse rings in Victorian Catholic Church

Study identifies 16 child sex abuse rings in Victorian Catholic Church
By Debbie Cuthbbertson February 23, 2020

Pedophile and Pedophile Pimp Cardinal George Pell

A three-year research project into paedophile Catholic clerics in Victoria has identified 16 child sex abuse networks operating over six decades involving 99 priests and Christian Brothers.

The investigation found that clergy paedophile rings shared patterns of behaviour with criminal gangs, the Mafia, terrorist cells, corrupt police, drug dealers, money launderers and price-fixing cartels.

The research showed their abuse was facilitated and reinforced by church hierarchy, including five successive archbishops of Melbourne from Daniel Mannix, appointed in 1917, through to George Pell (himself appealing against a conviction for child sex abuse) in 2001.

The researcher, Sally Muytjens, spent more than three years investigating “dark networks” of paedophile clergy in Victorian dioceses. She published the research late last year, receiving a doctorate from Queensland University of Technology.

Muytjens’ research found the largest and most active dark networks were at schools including St Alipius in Ballarat and Salesian College, Rupertswood, and orphanages including St Vincent de Paul’s in South Melbourne and St Augustine’s in Geelong.

One of the worst offenders, convicted paedophile and former Christian Brother Edward “Ted” Dowlan, was active in five of the 16 dark networks, she found.

Her study also identified Christian Brother Rex Francis Elmer as a member of two paedophile networks. The Sunday Age last week revealed that Elmer taught at Catholic schools in regional Victoria and Africa for decades after his order first knew he had abused children at a Melbourne orphanage.

In her thesis, Muytjens used a research method called social network analysis, which can reveal hidden patterns and ties between members of groups and provide insights into how they operate.

Using SNA enabled her to identify connections between clergy perpetrators and specific locations in Victoria from 1939 until 2000, unearthing what she described as a pervasive “sexual underworld” that had the potential to destroy Victorian dioceses.

Elsewhere, SNA has been used to map links between terror cells involved in the September 11, 2001, attacks and 2005 London bombings, and to track child sex trafficking networks in Britain, Italian money-laundering rackets and an Australian amphetamine trafficking ring.

It has also been employed to track the spread of contagious diseases, as well as population displacement after natural disasters.

Muytjens also drew on material from the Victorian parliamentary inquiry and the Commonwealth Royal Commission into Institutional Responses to Child Sex Abuse, victims’ advocacy group Broken Rites and media coverage of criminal trials involving clergy, to map links between clergy child sex abusers in Victoria over six decades.

Her thesis examined the responses of the Catholic Church to such criminal activity, describing the institution as a “grey network” that repeatedly facilitated abuse.

“One of these patterns was promoting known clergy perpetrators of child sex abuse to senior positions which not only provided further access to victims but also placed them in positions where they were better able to protect the dark network from exposure,” she wrote.

The code of silence among Catholic clergy in Victoria mirrored patterns of behaviour exhibited by groups including crooked police and the Mafia, Muytjens added, and that “extended to a refusal to give evidence to the police”. “Similar methods were utilised by clergy perpetrator networks within the Victorian Catholic Church to maintain silence.”

Documented clusters of paedophile clergy, including at St Alipius Boys’ School in Ballarat in the 1970s, showed they were “conducting illicit activity in an organised and co-operative way”,  Muytjens wrote.

Dowlan and notorious paedophile priest Gerald Ridsdale both had multiple convictions for sexually abusing children, including at St Alipius. Another four clergymen were each part of least two different clusters of abusers at different times, Muytjens found.

“Some [clergy] committed child sex abuse at institutions where they were the only known dark network actor … [but] they were also transferred to parishes where there were clusters of other known clergy perpetrators.

“These perpetrators were part of multiple clusters at different times … As [Ridsdale and Dowlan] were prolific perpetrators, it can be reasonably argued that [they] were transferred out of clusters when subject to complaints of child sex abuse but were returned to clusters where they could be better supported and protected through stronger ties.

“Fr Ridsdale and Br Dowlan’s movement between clusters … [and] the number of convictions for these two clergy perpetrators demonstrates the unfettered access they had to child victims.”

The church’s pattern of response to complaints of child sex abuse by its clerics functioned as a resource for the paedophile rings, Muytjens found.

“Members of the sexual underworld support one another in seeking positions of responsibility by praising one another and condemning any critics … this sexual underworld is so pervasive that acknowledging and addressing this may destroy a Diocese,” she wrote.

Drawing on research from around the world into child sex abuse by Catholic clerics, she said the data showed that “clergy perpetrators … were placed in roles of recruiting boys to the priesthood”.

Muytjens’ thesis was completed around the same time as an investigation by The Age revealed that clusters of paedophile priests in Victoria worked together to sexually abuse children, including at Melbourne’s Corpus Christi seminary.

Her research was supervised by UTQ School of Justice criminologists Dr Jodi Death and Associate Professor Mark Lauchs. Lauchs’ research has focused on organised crime and corruption, while Death has also mapped paedophile networks of Catholic clergy, including among the Christian Brothers in Western Australia.

Associate Professor David Bright, a criminologist and clinical psychologist who has worked with convicted sex offenders, has used social network analysis extensively in his research, mainly in relation to drug trafficking and terrorism.

He said SNA was an effective tool for displaying links between overlapping abusers in the church: “The clustering that Sally found, it’s quite persuasive in that what it’s suggesting is that there were clusters of offenders in institutions and that this is the case more so in some than others.

“It strikes me that either these individuals were incredibly good at manipulating the system to be at the same facility … or the system was just so negligent about this and turned such a blind eye and was so convinced that these things weren’t going on that it just allowed it to continue.”

The Christian Brothers Oceania Province and the Catholic Archdiocese of Melbourne were approached for comment on Muytjens’ findings.

“The Christian Brothers co-operated fully with both the royal commission and the Victorian parliamentary inquiry which undertook exhaustive work into the failures of our institution and countless others that enabled the tragic and unacceptable abuse of children and how such abuse was not properly responded to … we reiterate our enduring apology to those who have been harmed as a result,” said a spokesman.

A spokesman for the archdiocese said: “The issue of historical sexual abuse, across all institutions including the Catholic Church, has been extensively and comprehensively documented in the Victorian parliamentary inquiry and the royal commission. The recommendations from these inquiries, coupled with ongoing institutional reform, have helped bring justice and more effective redress for victims.

“Whilst we believe our parishes and schools are safer than ever, we remain vigilant and committed to ensure our practices, processes and policies deliver a safe environment for everyone.”

If you or anyone you know needs support, you can contact the National Sexual Assault, Domestic and Family Violence Counselling Service on 1800RESPECT (1800 737 732), Lifeline 131 114, or beyondblue 1300 224 636.