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2018, Journal of Anglican Studies
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6 pages
1 file
2020
We believe that the continuing emphasis on the sexual-abuse of minors in the Catholic Church, correct though it may be, helps to cover up the justice-abuse of both minors and adults, which is enabled by the exaggerated power and privilege presumed by and allowed to clerics that is rampant in the Church. This essay approaches the issue of justice-abuse from a perspective guided by the principle of faith that sees injustice and does justice and draws from scripture to explicitly challenge the use and abuse of power individually and institutionally that has led to sexualand justice-abuse and its cover up in the Catholic Church.
Australian Feminist Law Journal, 2015
Feminist challenges to the traditional principles of vicarious liability, and their application in practice, highlight the difficulties that face claimants seeking redress via a doctrine largely developed from claims relating to the corporate model, and reflecting masculine traits of institutional power and control embedded in the traditional company employer/employee relationship. This article explores the ways in which the recent spate of claims made against UK religious authorities in respect of present and historic acts of child sexual abuse perpetrated by the clergy have forced a paradigm shift requiring the courts to consider influences on the legal process associated with tropes such as restorative justice, powerfully supported and explained by feminist legal theorists. The position of the Roman Catholic Church, however, is shown to be very different to that of the Church of England, highlighting the need for the paradigm shift to go further and to consider the role of validation and vindication as elements in reparation, institutional as well as individual.
St Mark's Review, 2018
This edition of St Mark’s Review offers constructive proposals on how Australian churches might respond to the Royal Commission and its findings. This article offers an analysis of the findings of the Royal Commission, as far as they relate to the Catholic Church in Australia, as a starting point for the discussion. After all, an authentic response to the Royal Commission—let alone genuinely constructive proposals as opposed to knee jerk reactions— presupposes an objective analysis of its findings. In the course of providing this analysis, I discuss the limitations of the investigative processes of the Royal Commission. I also offer a corrective to the inaccurate media accounts of the findings of the Royal Commission.
Roczniki Nauk Społecznych, 2023
The sexual abuse crisis in the Catholic Church has been a global phenomenon. As with any crisis, it has also revealed a contradiction between what the Church should be and what, at times, it has been. We can consider crises as a painful and traumatic experience, but one that can serve to rediscover the importance and centrality of the values that have been betrayed. In many dioceses, religious congregations and episcopal conferences, the Church has had to communicate to public opinion the existence of these cases, express its sorrow-especially to the victims and their families-and report on the handling of these cases through press releases. By means of a comparative analysis of various press releases issued as a result of these painful cases, we wish to identify the values that dioceses, episcopal conferences and other realities wish to recover, the feelings expressed and other possible patterns that allow us to identify the reflection carried out internally in each case.
[Open Access, available at link below] This article presents empirical findings from a critical discourse analysis of institutional responses by the Catholic Church to clergy-child sexual abuse in Victoria, Australia. A sample of 28 documents, comprising 1,394 pages, is analysed in the context of the 2012-2013 Victorian Inquiry into the Handling of Child Abuse by Religious and Other Organisations. Sykes and Matza’s (1957) and Cohen’s (1993) techniques of, respectively, neutralisation and denial are used to reveal the Catholic Church’s Janus-faced responses to clergy-child sexual abuse and mandatory reporting requirements. Paradoxical tensions are observed between Catholic Canonical law and clerical practices, and the extent of compliance with secular law and referral of allegations to authorities. Concerns centre on Church secrecy, clerical defences of the confessional in justification of inaction, and the Melbourne Response compensation scheme. Our research findings underscore the need for greater Church transparency and accountability; we advocate for mandatory reporting law reform and institutional reform, including adjustments to the confessional ritual.
Australian Feminist Law Journal, 2015
This article examines advocacy of Catholic restorative justice for clerical child sexual abuse from the standpoint of feminist criminological critiques of the use of restorative mediation in sexual offence cases. In particular, it questions the Catholic invocation of grace and forgiveness of survivors of abuse in light of critical feminist concerns about the exploitation of emotions in restorative practices, especially in regard to sexual and other gender-based offences. In the context of sexual abuse, the Catholic appeal to grace has the potential for turning into an extraordinary demand made of victims not only to rehabilitate offenders and the church in the eyes of the community, but also to work towards the spiritual absolution of the abuser. This unique feature of Catholic-oriented restorative justice raises important concerns in terms of feminist critiques of the risk of abuses of power within mediation, and is also incompatible with orthodox restorative justice theory, which, although it advocates a 'spiritual' response to crime, is concerned foremost with the rights, needs and experiences of victims. on 'grace', which may at first appear consistent with generalist restorative justice scholarship and processes emphasising the healing potential of forgiveness for the victims, or survivors, of abuse. 1 'Grace', however, has a unique meaning in Catholic thought and is arguably distinct from secular understandings of the concept. In this article we provide a theoretical discussion of the Catholic doctrine of grace to explain what it would mean to apply this doctrine in the context of restorative justice in cases of historical clerical child sexual abuse. We do so in light of critical feminist criminological concerns about the exploitation of emotions such as forgiveness in restorative practices, especially in regard to sexual and other gender-based offences. 'Grace' in the Catholic context is not simply an invocation of goodwill; the forgiveness that Catholic 'grace' suggests is not simply an appeal to victims to reconcile relationships with perpetrators. Rather, an analysis of the doctrine of grace in regard to crime suggests that grace is concerned with the church's performance of good offices on behalf of the perpetrator to rehabilitate him in the eyes of God and to induce, in support of this goal, the forgiveness of those whose bodily and psychosexual boundaries he has transgressed. As we will show, the grace of God is, first and foremost, what the perpetrator of the abuse has lost in committing abuse. Grace is also, however, what can be wished upon him, as it were, by the victim. In Catholic thought, the victim of a crime has the power to invoke 'actual graces' (Godly gifts) that will help the perpetrator of that crime recover the full grace of God, which will in turn cleanse him of sin and save his soul.
This paper draws on critical theories of organisations to question why child sexual abuse is a frequent correlate of male authority in institutional settings. While acknowledging the role of other risk factors, the paper suggests that the contemporary bureaucratic form is itself conducive to child sexual abuse. This argument is developed through an analysis of Case Study 42 of the Royal Commission into Institutional Responses to Child Sexual Abuse, centred on allegations of sexual abuse by the clergy and laity in the Anglican Diocese of Newcastle. The extensive allegations of abuse in the Diocese illustrate how rationalised structures of governance and oversight can facilitate rather than inhibit child sexual abuse. The analysis advanced by the paper contests the assumption that institutional abuse represents the deformation or paedophilic ‘infiltration’ of otherwise neutral organisational arrangements. Instead, the paper emphasises how rationalised institutional structures can mystify relations of domination and promulgate a milieu in which children are viewed instrumentally as the means for the fulfilment of personal drives.
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