Clare’s blog, aka rantspace

Churches often stand on the principles of “natural justice” when explaining to a clergy abuse victim why their complaint must be handled a certain way. And since victims are often seeking justice, they end up confused about why applying natural justice principles doesn’t seem to achieve justice. A closer look at the Uniting Church’s explanation makes it abundantly clear (the UCA does, at least, explain it in their policy – most other churches don’t!).

According to the UCA policy definitions:
“Natural Justice refers to a specific group of common law principles that are designed to ensure that a person is given a fair hearing before a decision is made that might adversely affect their livelihood or status. In general natural justice refers to two broad principles:
1. An adequate opportunity must be given to a person to present their case to the complaint committee before a decision is reached that might adversely affect them. This includes providing reasonable notice and time to prepare and sufficient information about the matter to be decided to enable the person to prepare their case.
2. The complaint committee must be free from bias or the appearance of bias. This requirement means that a person who has a close personal or family relationship with any of the parties is precluded from being a member of the complaint committee. It also precludes a person who might have a pecuniary interest in the outcome of the decision from being involved in the decision.”

And the clue to why it isn’t justice for victims is in the opening sentence – “principles that are designed to ensure that a person is given a fair hearing before a decision is made that might adversely affect their livelihood or status”. In other words, the principles expressed (adequate opportunity to present their case, and freedom from bias in the complaint committee) apply to the perpetrator, whose livelihood and/or status are under threat, but not to the victim.

So what often happens, and the occurrence of which is actually allowed in the policy, is that perpetrators are given full details about the complaint against them, whereas victims are not given details of the perpetrator’s defence and a chance to rebut lies that might be included. Given that most victims prepare their statement as a personal account, without the aid of a lawyer, whereas perpetrators often seek legal advice to prepare their defence, and victims are not warned of this discrepancy before submitting their complaint, this is not a level playing field. And secondly, although the complaint committee members may not have a close personal or family relationship with the perpetrator, the collegiality within the clergy profession makes it likely that the complaints committee includes people with far greater connection to the perpetrator (and the perpetrator’s position) than to the victim.

For a victim seeking justice, the principles of natural justice end up being either unnatural, or unjust, or both.

So, the Pope’s apologised to Australian victims of clergy sexual abuse. So far, not so good. Because he didn’t tell victims it was going to happen (check out this page of my site for what should be the minimum requirements of such an apology, to see how the Pope fell short), thereby keeping them in quite unnecessary suspense. Secondly, he chose to do it during a mass for clergy! How inappropriate is it to be saying the apology – as part of a prepared speech – to the group of people who contain the perpetrators, rather than the victims?? The victims couldn’t even be there to hear it in person! Thirdly, he seemed to place equal or greater weight on mentioning the shame of (presumably non-perpetrating) clergy and the damage caused to the church’s witness, as to the needs of the victims. And fourthly, he referred specifically to sexual abuse of minors, thereby completely ignoring those many adults also abused by clergy.

So given that this apology falls well short of what he should have said, and where and to whom it should have been said, it will be very interesting to see just how much action happens when the dust from WYD settles. Let’s just revise the checklist the Pope imposed on his clergy for future action:
1) these misdeeds should receive unequivocal condemnation
2) victims should receive compassion and care
3) those responsible must be brought to justice
4) it is an urgent priority to promote a safer and more wholesome environment
5) the Church must work together to combat this evil

Isn’t it interesting that out of 5 action points, three of them (points 1, 3 and 5) are things that the church should be doing already – but obviously isn’t, or the Pope wouldn’t need to exhort them?

But I still think the most inappropriate part was to do it at a mass for clergy, thereby not only effectively offering the apology to the perpetrator group, but specifically excluding the victims who should have been able to be there to hear it.