While religious institutions aren’t the only ones being called out by victim-survivors of child sexual abuse, they are a large part of the equation. Now that the National Redress Scheme (NRS) has opened the door for victim-survivors to come forward, we explore the institutions involved in the Sexual Abuse Compensation Scheme.
The Church and Historical Sexual Abuse: A Dark Chapter
Religious institutions and sexual abuse are not unique to Australia, but the public outcry here and abroad has forced the Catholic Church, in particular, to reckon with its past. There have been widespread calls for accountability and legal action.
The National Redress Scheme (NRS)
In Australia, the NRS was established as a path to redress for victim-survivors of childhood sexual abuse at the hands of an institution. The National Redress Scheme provides financial compensation, but it can also provide support services like counselling and elicit an apology from the institution responsible for the sexual abuse.
While it’s a good start, it isn’t perfect and many people still criticise the scheme due to its limitations and the difficulty survivors face in lodging their sexual abuse claims. It’s worth noting the scheme has been opened to more potential victims, allowing incarcerated people to apply as well as child migrants.
As of this moment, a Catholic Church-owned insurer has paid $381 million in sexual abuse liability claims since the NRS opened the application scheme. The company is no longer issuing new policies and will not renew existing policies due to its own financial struggles as a result of liabilities.
Key Issues and Challenges
In the course of the royal commission submissions and case studies, the Church was accused of systemic failures in handling allegations of abuse at the time they were lodged, opting instead to protect the institution by moving problematic priests to other churches rather than assisting the victims.
As a result of this, there has been a lack of accountability; despite the investigations and inquiries that have taken place over the years, many perpetrators of sexual abuse evaded criminal prosecution and the church’s lawyers have used permanent stays to avoid paying compensation when an accused priest has died.
The reality is, victim-survivors of sexual abuse carry long-term psychological trauma as a result of abuse. They face higher levels of anxiety, are prone to depression, and many struggle with Post-Traumatic Stress Disorder (PTSD).
The result has been a significant erosion in the public’s trust in the Church’s influence and moral authority, despite attempts to heal the rift created by sexual abuse scandals.
The Road to Healing and Justice
The NRS is the most significant step forward for victim-survivors to receive some justice and for institutions to address the harm they contributed to. In doing so, they acknowledge they face ongoing challenges in the face of continued reform.
All accused institutions, including the Catholic Church, must foster a culture of transparency and accountability. Every institution should put a zero-tolerance policy in place for abuse and adopt a solid reporting mechanism to ensure victims can come forward. In addition, they should provide comprehensive support services to victims, including legal assistance, therapy, and counselling.
It isn’t enough to just respond to NRS applications, institutions must take steps to educate clergy, staff, and even congregants to recognise the signs of grooming and the symptoms of sexual abuse. Education is key to prevention and a proactive approach is required to ensure there are no new victims.
The Church should encourage survivors to come forward and report the abuse they have suffered and rather than fighting victim-survivors tooth and nail, the Church should support the legal process to hold perpetrators to account. This will go a long way in rebuilding trust with congregants and society as a whole.
How AJB Stevens Can Help
If you are a victim-survivor of child sexual abuse at the hands of an Australian institution, whether it was the Catholic Church, another religious institution, or otherwise, you need experienced sexual abuse lawyers on your side. An experienced lawyer will explain the available options to you, advising you as to whether the NRS is the best path forward or if a civil claim would be a better outcome.
AJB Stevens sexual abuse lawyers in Sydney can help you decide the best course of action. We will sit down and listen to your experience, explain the legal avenues available to you, and guide you to the correct path for your situation. We understand the trauma that comes with being a victim-survivor and we have vast experience in navigating both the NRS process and the legal system when it comes to historical child sexual abuse cases.
If you want to sit down with an experienced lawyer who can provide you with empathy and legal advice, get in touch with us to schedule a consultation. We are conveniently located in Sydney’s CBD or we can video conferencing for your convenience and comfort. We’ll explain the NRS and its limitations to you so you’re equipped with the knowledge necessary to make the right decision for you.
If you have already applied to the NRS, we can still help you navigate the rest of the process. You must have the full picture before you accept an offer of compensation as doing so will limit your other legal options.
