the handling of childhood sexual abuse cases in the roman catholic church: a comparison of three...
TRANSCRIPT
The handling of childhood sexual abuse cases in the Roman Catholic Church: a comparison of three procedures.
The Triptych Mediation Approach versus the official procedures in Ireland and The
Netherlands.
Anke Bisschops, PhD.
International Conference on Sexual Abuse in the Church and other Institutional Settings.
International Institute for the Sociology of Law,
Onati April 10-11, 2014.
1
Our Knowledge so farBy now we know a lot about sexual child abuse in religious context, c.q. the Roman Catholic Church:
• Where, who, what, how often, etc.• Risk factors.• Effects on later life, etc.
We do not know much about:
• How justice and emotional healing can happen in the handling of complaints.
My research
Inventory and comparison of three procedures, where victims received compensation as a tangible recognition and compensation for the serious hurt and injuries they suffered. Three different procedures:
– Special procedure in Ireland (Redress Board). – The official church procedure in the Netherlands. – The Triptych Restorative Mediation Approach.
The procedure of the Redress Board in Ireland:
• All kinds of abuse in institutions: sexual, physical, emotional and neglect.
• Five categories of abuse with financial compensation ranging from € 50.000 to € 300.000 for the most severe cases, plus all medical, psychological and legal costs.
• Statutes of limitation: 3 years. In 2000 retrospectively changed by law: victims considered “under a disability” because of the psychological effects of the abuse.
• No prove needed.• By July 2013: almost 16.000 victims came forward.• Victims received an average of € 62.000,-
(Numbers do not include abuse committed in parishes or other non-institutional settings.)
The official procedure in the Netherlands:
• Only sexual abuse taken into account• Five categories of abuse with compensation ranging from
€ 5000 to € 100.000.• Statutes of limitations: 10 years. Bishops and religious superiors
decided not to invoke this and to take all complaints into account, no matter how long ago the abuse took place.
• Supportive evidence needed.• By July 2013: 1287 complaints.• 28% of the 656 complaints handled so far declared unfounded.• Victims whose compensation is established (232 in total) received
an average of € 27.000,-
The Triptych Restorative Mediation Approach.
• All kinds of abuse: sexual, physical, emotional and neglect. Also loss of income due to lessened work capacity.
• Five categories of abuse with compensation ranging from € 5000 to € 100.000 (= same).
• No (supportive) evidence needed.• Victims (128 in total) received an average of
€ 29.000,-
Two dimensions to these procedures:Monetary and Emotional
The more money for the victims, the better for the victims?Research by Boyce & Wood (2010) shows differently: Effect on happiness:• €1.000,- spent on psychotherapy/counseling
= • €32.000,- received (inheritance, lottery etc.)
The emotional aspect:Irish and official Dutch procedures inspired by
justice system = adversarial system:
Ireland:• Only 20% of the cases involved personal contact; the rest of the complaints were
handled through written procedures.• During hearings victims can be cross-examined by (the lawyer of) the counterparty.• If accompanied by legal representative, victims cannot have supportive company
present. = Parties were opponents
Official Dutch procedure: • Setting during hearings makes eye contact between parties almost impossible.• Parties speak to the committee, hardly with each other.• Standardised letters to victims lack empathy.• Official written reaction to complaint is literally called “statement of opposition”• Until very recently none of the several committees had victim as a member
= Parties were opponents
The emotional aspect:The Triptych approach:
• Cooperative approach, where victims and (representatives of) the accused work together with the mediation team in order to find some emotional healing and closure, as well as determine the amount of financial compensation.
• Inspired by forensic mediation and collaborative law.• Procedure grew organically while cooperating.• Many contact moments between victims and religious superiors.• During the whole trajectory emotional care and support was facilitated.• Both victims as well as church representatives are advised to bring
someone for support.• Idem advised to have someone as back-up at home after the mediation
talks.• Not only victims are heard, but also the accused/religious superiors.
The importance of contact and cooperation.
Cooperation between these parties did not come easy:• Victims tended to profoundly distrust church representatives.
– For long time they had been disbelieved, ignored, not listened to etc. – Risk of re-traumatisation.
• Church representatives had to deal with:– The resulting negative reactions (anger, aggression, distrust, frustration etc.)
from victims. – The shock to learn about the atrocities that their own brethren had imposed on
innocent children. – The threat of having to pay huge amounts of money in damages.
The crucial factor in overcoming these hurdles of mutual distrust and negativity of course is contact: getting to know each other.
The action of Willem Deetman: calling in a facilitator.
When the widespread abuse in the past became public, the Dutch bishops and religious superiors ordered an independent research into this topic. Willem Deetman, a former minister of state was asked to lead this research.
Soon Deetman realised that the distrust and discontent among the victims constituted a big risk for a constructive handling of all the complaints. He asked a facilitator to counsel/guide religious superiors towards better relationships with victims:• with experience both in the field of sexual abuse and in the catholic church
and with a good reputation among both victims and in church circles.Four big religious congregations answered to Deetmans call:• Meetings organised between the religious superiors with groups of victims.
With the help of the facilitator:
• These religious superiors developed more understanding and empathy for the victims and their plight.
• All four of them in listening to the victims went through a profound change of mind, where their first priority became justice for the victims.
• The victims on their part gradually dropped their distrust and became more friendly and respectful towards the religious superiors.
• The religious superiors together with the victims choose the Triptych approach
(one exception: the Jesuit victims insisted on other mediators, probably because they might receive more money that way. The outcome of this procedure is not yet known).
Problem: there are almost 100 different religious superiors having to deal with abuse in the past!
• All have to go through a personal process of fear, anxiety, grief, shame, shock etc. and especially a process of growing awareness of the devastating effects of child abuse.
• All tend to make the same initial mistakes in relating to victims.• As a result the (only seven) Dutch bishops are (seen to be) doing better in dealing with
the complaints and in relating to victims. Importance of the KNR (Conference of Dutch Religious): they should lead the way.But they did the opposite:• Told superiors to not speak to victims, but refer them to the KNR.• Initially even advised superiors to not acknowledge the abuse.• Advised superiors to not work with the Tryptich Mediation team.• Reproached superiors for starting mediation instead of using the official procedure. Important factor: the secretary and person in charge in the KNR is a lawyer himself: legal, adversarial way of thinking.
Intermezzo:The importance of support groups of fellow victims (facilitated by orders and congregations).
• Emotional/therapeutical:– After the shock of discovering one was not the only victim, now there is the felt
realisation and awareness of not being the only one…– Groups of fellow sufferers help to come out of psychic isolation. Breaking a loneliness
from years and years…– After bad experiences with others when telling about what had happened to them
(disbelief: ‘can’t be’; downplaying: ‘are you still not over that?’; silencer: ‘you should not think about it’ or ‘you life is good now, right?’), finally here are people they can trust.
– The dynamic of the group meetings: Emotions from one person can evoke long hidden and repressed emotions in others, which is healing.
• Practical:– Together they stand stronger towards church representatives who certainly at the
beginning were quite reluctant to engage with victims.– More effective consultation procedures: Groups choose representatives to consult with
church representatives and the mediators. They also organise meetings for all the victims of a specific congregation.
The procedure of the Triptych Restorative Mediation Approach.
• Based on forensic mediation and collaborative law, so not voluntary: signing of agreement to come to agreement.
• Team of female psychotrauma-therapist/behavioural scientist/forensic mediator with male lawyer/mediator/complaint expert, together with secretary/lawyer.
• Constant cooperation with steering committee of victims and representatives of the religious congregation.
• Regular communal meetings with all the victims.• Constant care and help for victims: through the meetings and through
contact with a secretary/counselor. Here they can always ask questions, express emotions and find the warmth and attention that is so needed in this for many so extremely painful and emotional trajectory.
The three parts of the Triptych Restorative Mediation Approach:
• The first part consists of separate inventory talks with both the victim and the accused or his representative.– With both mediators and a note taker present.– Conversation with victim takes around 3 hours; includes all the facts and
circumstances, the effects on later life, questions, needs the victim has. Attention for non-verbal expressions (that what is not said…).
– Elaborate written report to be approved/amended by victim.– This first phase is also necessary to build trust and realize one is believed…
• Second part: the mediation between the parties.– With both parties, the therapist/mediator and a secretary/lawyer present.– Acknowledgement of the abuse and apologies (possibly also for the cover-up).– Atmosphere of reconciliation.– Possibility of caucus: when mediation is difficult. Always with both parties.– Ends with settlement agreement.
• Third part: the compensation advice.– First both parties sign the agreement financial compensation, which contains the
routing and procedure for assigning the compensation.– Compensation is decided upon by the lawyer/mediator/complaint expert, together
with the secretary/lawyer that was present in phase two.– Material used: written report of the inventory talk, the settlement agreement and
possible other ‘evidence’.– Possibility of appeal.
Summary• Money is necessary, but can disturb the process• Contact between victims and church officials is crucial• Such contact needs to be facilitated• Support groups of fellow victims are helpful in many ways• Of the three investigated complaint procedures the Triptych
Restorative Mediation Approach is best in doing justice and providing healing for the victims.
The Triptych Restorative Mediation Approach: three parts• Extensive inventory talks with both parties• The mediation• The compensation advice
