The Catholic Church is nervous and preparing for battle.
Legal
fortifications are being erected, especially around the Sydney and
Melbourne Archdioceses.
Opening arguments for the defence are in
position and the hierarchy is hunkering down.
Perhaps, like King Richard, the clergy offenders and their protectors
are collectively dreaming of the ghosts of their victims - those who
have survived and those who have died prematurely.
As Archbishop George Cardinal Pell and Archbishop Denis Hart
plan their ecclesiastical battle strategy, or perhaps it is a strategy
for self-survival, it is apparent they are trying to distance and
isolate themselves and their archdioceses from the rest of the Catholic
Church in Australia.
Calls for a Royal Commission in NSW are escalating and the
Victorian Parliamentary Inquiry into the handling of child abuse by
religious and other organisations is looming.
Such threats to the church have precipitated their furtive and
well-constructed reactions.
Pell has recently given his imprimatur to a
4000-word document, Sexual Abuse: The Response of the Archdiocese of Sydney and a 16-page booklet, Sexual Abuse.
A major component of these documents argue that Towards
Healing (a National complaints process introduced in 1996) represents
''a significant break'' with past practices by, inter alia,
investigating complaints and offering a pastoral process in a
non-adversarial way. This claim is fallacious.
All complaints of sexual abuse arising out of the Sydney
Archdiocese and the rest of Australia (except for the Melbourne
Archdiocese) are passed on to Towards Healing whose protocols require
the church to respond with ''justice and compassion''.
But the evidence
presents a very different reality.
My research (conducted in Victoria and NSW) is based on the
accounts of victims and lawyers. Some have been satisfied with the
Towards Healing process, but they represent a very small minority.
About
95 per cent of the victims and about 90-95 per cent of the legal
representatives reported the process as abusive, highly adversarial,
legalistic and traumatic.
Victims felt stripped bare, humiliated, embarrassed, bullied, belittled
and disbelieved. They felt that they were the guilty ones, the ones on
trial.
Double standards abound as the provision of an apology,
counselling or monetary compensation is entirely discretionary. Each
bishop, archbishop or head of a religious order has complete discretion
in deciding whether compensation will be paid at all, and if it is, what
the amount will be. One church leader may award $80,000 whilst another
may award $5000 or nothing. There is no yardstick and no consistency.
Some lawyers believe Towards Healing has a policy of
lobbying for victims not to have legal representation.
For the
unrepresented victim, this process is highly inequitable in that there
are marked power discrepancies. The many victims who go through it
completely alone are unfamiliar with the process, are daunted and unable
to negotiate on an equal footing. Victims must return to the church
that protected their abuser and they must once again confront the same
authority figures.
One lawyer with about 200 clients did not know of any
victims who had a positive Towards Healing experience. Another lawyer
found that many of his clients came through the process with
post-traumatic stress disorder. Many victims described the often-lengthy
process as more traumatic than the original abuse.
There is no right of appeal or review of compensation amounts, whether
paid or not. So the very element of the Towards Healing process that is
replete with individual discretion is fully protected from the appeal
process.
Pell's document makes other claims.
''There is no financial assistance from the Archdiocese of Sydney for
legal costs for priests of the Archdiocese who are accused of crimes,''
the document says. This is disingenuous and misleading.
The legal costs for clergy offenders of the Sydney Archdiocese are paid
by Catholic Church Insurances Limited. This insurance company is owned
by the church and exists ''to serve the church''.
The technical
splitting of legal hairs to further the church's defence of its handling
of the sexual abuse crisis is cheap and insulting to victims and not
befitting of a cardinal.
''We understand a great deal more now than even 10 years ago about the extent of the problem,'' it says.
Perhaps this is the most pompous, hypocritical and dishonest claim.
The hierarchy of the church has always known the extent of its sexual abuse problem, more than anyone else.
For decades, clergy offenders have been moved from parish to parish in
Australia and overseas. For hundreds of years, Canon law has required
documents relating to sexual assaults of children be kept under lock and
key in secret archives.
For the Archdiocese of Sydney to feign retrospective ignorance of the extent of these hideous crimes is a malign defence.
And, ''Cardinal Pell is not the head of the church in Australia …
His authority is limited to the Archdiocese of Sydney'', the document
says.
Pell's authority may well be limited to the Sydney
Archdiocese in a strict ecclesiastical and legal sense. But, what of his
responsibilities and moral and ethical obligations? He is certainly
seen by Catholics and the rest of the national and international
community as a figurehead of the church in Australia.
As such, he is
expected to display leadership, courage and vision in relation to the
church's sexual abuse crisis and not be curbed by the intricacies of the
Canon and civil laws, which divvy up the church into its component
parts.
Pell has clout and he commands respect. He should be on
the ground with his foot soldiers shouldering the responsibility for
this nationwide, execrable mess of clergy sex crimes and cover-ups.
But, while Pell has his front foot firmly planted in the
tantalising papal possibilities of Rome, it seems it is not possible for
this Prince of the Church to fulfil his domestic Christian duties and
face up and fess up to the decades of crimes of the church - and all of
the church, not just his little patch.
The battle is now well under way.
And to again borrow from Shakespeare, it will not be the ''lily-livered'' who claim victory.
It will be the victims and their families.
Their integrity, bravery,
stoicism, courage and truth will be the measures of their success.