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Faced With an Ongoing Sexual-Abuse Crisis, What Are Catholic Parents to Do?

“I think it’s different for parents. We have to protect our children. That’s our No. 1 calling in life, and that comes before everything.”​

Julie Black and Ashley Fetters, The Atlantic Mar 17, 2019

As it has been for decades, the Catholic Church is in the midst of a crisis, one whose long reach has traumatized thousands and left one of the world’s oldest institutions struggling to find a way forward. In late February, the Vatican held a high-profile conference on the sexual-abuse crisis—the revelations of decades of abuse, by priests in different parts of the globe, of children, adult seminarians, and nuns. During the conference, Pope Francis called for “concrete” change, though the Atlantic reporter Rachel Donadio wrote that, on the whole, the meeting seemed largely to be a “consciousness-raising exercise,” out of step with the “zero tolerance” that many victims’ advocates in the United States have been demanding for priests who use their power to abuse. It seems the crisis will likely drag on as the Church’s highest authorities continue their slow-moving reckoning.

What is an institutional crisis for the Church is a personal crisis for the faithful. Lay Catholics are left to grapple with what this crisis means for them, their families, and their faith. Parents in particular often feel acutely conflicted. How can they not worry about sending their children to be altar servers after reading about priests taking advantage of altar servers in the past? At the same time, devout parents who deeply love the Church naturally want their children to receive its spiritual benefits. What are they to do?

Some decide that they simply can’t reconcile their faith with decades of abuse and the subsequent cover-ups, or that the best way to protect their kids is to leave the Church. Laura Donovan, 30, says the child-sexual-abuse crisis is the reason she’s parted ways with the Catholic Church. Donovan, a social-media manager based in Los Angeles, had drifted away somewhat from her Catholic upbringing by the time The Boston Globe revealed theextent of the Catholic Church’s cover-up of Boston-area priests’ child abuse in 2002, but when she learned just how widespread the problem was, she says, “ultimately, that’s what made me think, I don’t want to go back to a Catholic church again, and I certainly don’t want to raise my own children in a religion like that.”

The Pennsylvania grand-jury report that revealed 70 years of abuse by more than 300 priests came out in August of last year, around the time Donovan’s first child, a son, was born. After becoming a parent, Donovan felt called back to Christianity and wanted to raise her family in a Church, but she and her husband “made the call not to raise him Catholic.”

“I don’t necessarily think anything would happen to him,” she says. “I mean, it could. But I’m just thinking, What would he think of us if we brought him to that church even after all of this had unfolded? … Let’s say he was raised Catholic, and then he learned about all of that—about the sex abuse worldwide that had been going on for decades and covered up—and then came to us and said, ‘How could you have raised me in that religion?’ I wouldn’t have an answer for him.”

Eventually, Donovan’s son was baptized in the Lutheran Church, and Donovan herself was confirmed as well. Her husband grew up attending a Lutheran church, and when Donovan first attended with him, “I felt really comfortable there,” she says. “It had a lot of elements of what I like about the Catholic Church—it’s old, it’s structured, but it doesn’t have that big scandal, obviously.” Still, she misses some of the Catholic traditions she grew up with: the songs, the rosary beads, the congregational sign of peace, “praying to saints and thinking about angels.” Today, when Donovan prays, she has a hard time not instinctively making the sign of the cross.

It’s difficult to know just how many people have left the Catholic Church as a direct result of the sexual-abuse crisis. But across the United States, the Catholic Church is losing members at a faster rate than any other religion, with more than six former Catholics for every recent convert as of 2015, according to the Pew Research Center. (The second-fastest-declining religion in the United States was mainline Protestantism, with 1.7 former congregants for every new member.) From 2010 to 2016, the percentage of American adults who describe themselves as Catholic dropped from 25.2 percent to 23.5 percent. While it’s unclear whether the abuse crisis is the main reason Catholics are leaving the Church, a 2016 Public Religion Research Institute report found that people who were raised Catholic were more likely than those raised in any other religious tradition to characterize their departure as a direct result of “negative religious treatment of gay and lesbian people” and/or “the clergy sexual-abuse scandal.”

Other Catholic parents, though distressed by the Pennsylvania revelations and earlier reports on the crisis, are committed to the Church.

“It’s not something that changed my day-to-day practice of the faith, and I couldn’t see how it possibly could,” says Kendra Tierney, a 42-year-old writer and stay-at-home mother of nine children, ages 1 to 16 years old. “If you believe that the Catholic Church is the one founded by Jesus Christ, there is nowhere else to go. Jesus asked Peter, ‘Are you going to leave me also?’ and Peter says, ‘To whom shall we go?’ This is how I feel.”

Tierney was raised Catholic and says her faith deepened after she became a mother, when she started to shape her family’s home life around the liturgical year. That was the inspiration for her blog Catholic All Year. She says she wasn’t paying much attention to the news when the 2002 Boston Globe investigation came out, “so for me, the first big punch in the gut was late last summer, when the [Pennsylvania] report came out.”

She sees cases of abuse as “failings of personal holiness,” and rather than “sitting back and saying, ‘This is a terrible thing; this is a threat to my children and my faith,’” she wanted to do something in response to the news. Along with some others in the Catholic community online, Tierney launched a campaign to promote a month-long period of prayer, fasting, and sacrifice, as an act of reparation to God for the sins of abusive priests and the bishops who covered up their actions.

“For the whole month of September, our family observed kind of a Lent,” she says. “We gave up all treats, desserts, and sodas, all TV and video games, and we added in a special prayer from a book called In Sinu Jesu, a prayer of reparation for priests. We are all sinners, and if we can each improve as a member of the body of Christ, if I can raise holy sons and daughters, that’s going to help the Church.”

One Catholic father, a 35-year-old in New York City, seems to be feeling torn between raising a holy daughter and protecting her. (This man asked to remain anonymous, because he works for a Catholic organization and worried there could be consequences at his job if he spoke freely about the Church.) He grew up in a Hispanic Catholic family and went to Catholic school for middle and high school, and though he didn’t go to church much in college, he says he grew closer to the Church after he met his wife. “She was much more devout than me,” he says.

The man says he and his wife have not yet discussed how they feel about raising their daughter, now 2, in the Church, in light of the sexual-abuse crisis. “We’ve just been numb,” he says. Plus, with the stresses of parenting a 2-year-old, the family hasn’t had a ton of time to go to church lately anyway. “But I’m not going to deny that part of it is a real distaste for all this news that keeps coming out,” he says.

A couple of days after the Pennsylvania report was released, he posted on a Catholicism subreddit, asking whether it was reasonable to be wary “of priests with very poor social skills or [who] appear awkward?” In the replies, some people chided him, saying that just because someone is awkward doesn’t mean he’s a predator, but the man still feels like he needs to trust his gut if someone seems off to him.

“I think it’s different for parents,” he says. “We have to protect our children. That’s our No. 1 calling in life, and that comes before everything. You’re not worried about the Church or school—you’re allowed to judge and be cautious and not feel guilty about that, because you’re a protector.”

Nonetheless, he still hopes to send his daughter to Catholic school when she’s older, and for the Church to be part of her life in some way, even if he’s still thinking through how exactly to handle it. “[Catholicism] is wrapped up in identity for a lot of Hispanics,” he says. “I want my daughter to find her own way, but there is a place in my heart that still hopes she ends up being part of the faith. There’s a lot of beauty in the Church. Even if you just want to look at Christ as a historical figure, that’s a great model for how people should treat other people.”

Among families who are still part of a Catholic church, some parents have begun to rethink the level of their children’s involvement in the church community. The Catholic dad in New York City, for example, said, “I probably would never feel comfortable with my daughter being alone at a church by herself without parents around.”

In 2018, after the Pennsylvania grand-jury report, Chris Damian, an author and attorney based in the Twin Cities in Minnesota, co-founded YArespond, a group that hosts events for young Catholic adults to get together and discuss the crisis in the Church. At a meeting in August, more than 100 attendees gathered in the basement of a Minneapolis church to express sentiments including worry, disillusionment, anger, and grief. According to Damian’s blog, one attendee said, “There’s no way I would let my child be an altar server.”

It’s an understandable position to take, says Kirby Hoberg, 28, a blogger, actor, and mother of three who helps YArespond organize and host meetings—especially given that, historically, altar servers have spent more time alone with priests than have other children in a congregation. “I hear that a lot, and I see why people would do that,” Hoberg says.

A dose of caution is enough to make some Catholic parents comfortable with their kids being involved in church activities. Chris Mayerle’s 12-year-old son, for instance, not only is an altar server but knows how to serve Mass in Latin, which apparently makes him in quite high demand in their home state of Utah. The Mayerles—Chris, his wife, and their seven children (some of whom are adults)—have moved around a good amount, since Chris was in the Air Force for a time. In each place they’ve lived, they’ve vetted churches and priests—“parish shopping,” as he puts it—before settling down with a congregation.

“We became very, very selective about which priests we would be around, and which priests we would let our children be around,” Mayerle says. “Everywhere we’ve been, we’ve been close to our priests. We have them over for dinner. You can get a sense when things are not quite right with a priest. But we never put our kids in a situation where they’ve been alone with a priest or where they could be compromised.”

The way a priest says Mass, Mayerle believes, is one clue to his personality, and that plays a role in whether or not Mayerle will trust him. At the first church the family went to in Utah, “the priest just skipped over major parts of the Mass,” he says. “That was off-putting to us. One of the things we look for is when they do things the way they’re supposed to. In other words, they’re obedient—it means they’re probably obedient to their vows also. When they just start winging it, it means they view themselves as their own authority, which I don’t think is healthy.”

Of course, many Catholic parents, while dismayed by how the scandal reflects on the Church as an institution, still trust their own parishes and priests. They say their churches have routine audits, training for adult volunteers, and policies that prohibit priests from being alone with children. Some Catholic parents we spoke to mentioned that their priests openly discuss the issue and share in their grief, and that the leaders in their churches seem willing to engage with parishioners in discussions on how to make Catholic churches safer places. Others emphasize that they believe the vast majority of priests are morally sound leaders, and that only a small portion have been accused of inappropriate conduct.

But perhaps the biggest change from earlier eras, when some of the abuse described in the Boston and Pennsylvania reports occurred, is that for some of today’s Catholic families, priests are not put on a pedestal. Several parents we spoke to for this piece said there is less of a sense among Catholics today than in decades past that priests are infallible, or more incorruptible than the average person. And so they teach their kids to be wary of inappropriate behavior from all grown-ups—priests and other spiritual leaders included.

“You want your kids to have respect for people in positions of authority, but perhaps overemphasized respect for the clergy allowed this culture of abuse to last in the shadows as long as it did,” Tierney says. “They’re not superheroes; they are humans. We are all capable of sin, and that’s the conversation I’ve had with my kids. You trust your gut, and if something doesn’t feel right, it probably isn’t.”

“It’s not that I would treat my priest differently from the way I would another grown-up, but I am very, very cautious about leaving my children alone with anyone,” says Haley Stewart, the writer behind the Catholic blog Carrots for Michaelmas and a 33-year-old mother of four in Waco, Texas. Her children are seven months, 5, 7, and 10, and she says she has talked about bodily autonomy with them from a young age.

“We start really young by teaching our kids the anatomical names of their body parts, saying, ‘This part of your body is not for anyone else to touch,’” she says. “It doesn’t have to be a big scary conversation with a small child. Also impressing upon them that if someone ever does something to your body that you did not like, that is not your fault, and you need to tell Mom and Dad so we can make sure you are safe from that person.”

Kirby Hoberg has noticed that the younger Catholic parents she knows seem angrier about the recent wave of sexual-abuse revelations than do older parents she knows who were adults during the first phase of the crisis, in 2002. “I think I was turning 12 when the news started to break … We watched things like the Dallas Charter [come into effect] and really believed that things were being taken care of,” she says. “I’m noticing a lot of people older than me [seem to feel] very helpless. Like, ‘We tried once, and now it’s gone.’”

Hoberg expects that Catholic parents of her generation will be reckoning with the aftereffects of the sexual-abuse crisis for years to come. “It’s going to be a long road,” she says. “The kids aren’t going away, and these questions are only going to get harder [as they get older].”

She’s uncertain, she adds, about how she might handle a future in which her son decides he wants to go to seminary—a sentiment that Chris Mayerle, the Utah dad whose son is an altar server, echoes. His son has expressed interest in becoming a priest, and if he were to follow through, Mayerle says, “we’d be excited, in all honesty. The Church is in great need of renewal, and it’s gotta start somewhere. But whatever seminary he wanted to go to, we would vet very closely.”

RETRIEVED: https://www.theatlantic.com/family/archive/2019/03/catholic-church-abuse-crisis-how-parents-are-grappling/584866/

George Pell: cardinal found guilty of child sexual assault

Vatican treasurer, the third most senior Catholic in the world, convicted on five charges in Australian court case 

 Cardinal Pell set to go straight to jail as bail application withdrawn
 Five times guilty: how Pell’s past caught up with him 
 Journalists accused of breaking suppression order may face jail

Tue 26 Feb 2019 

Cardinal George Pell, once the third most powerful man in the Vatican and Australia’s most senior Catholic, has been found guilty of child sexual abuse after a trial in Melbourne.

A jury delivered the unanimous verdict on 11 December in Melbourne’s county court, but the result was subject to a suppression order and could not be reported until now.

A previous trial on the same five charges, which began in August, resulted in a hung jury, leading to a retrial.

Pell, who is on leave from his role in Rome as Vatican treasurer, was found guilty of sexually penetrating a child under the age of 16 as well as four charges of an indecent act with a child under the age of 16. The offences occurred in December 1996 and early 1997 at St Patrick’s Cathedral, months after Pell was inaugurated as archbishop of Melbourne.

He is due to be sentenced next week but may be taken into custody at a plea hearing on Wednesday, having been out on bail since the verdict and recovering from knee surgery.

Pope Francis, who has previously praised Pell for his honesty and response to child sexual abuse, has yet to publicly react, but just two days after the unreported verdict in December the Vatican announced that Pell and two other cardinals had been removed from the pontiff’s council of advisers.

Pell’s conviction and likely imprisonment will cause shockwaves through a global Catholic congregation and is a blow to Francis’s efforts to get a grip on sexual abuse.

It comes just days after an unprecedented summit of cardinals and senior bishops in the presence of the pope at the Vatican, intended to signal a turning point on the issue that has gravely damaged the church and imperilled Francis’s papacy.

The suppression order covering the case was lifted by county court chief judge Peter Kidd on Tuesday morning.

Pell walked from the Melbourne courtroom to a waiting car surrounded by a phalanx of police and press. He was jeered by survivors of sexual abuse who had gathered outside.

“You’re going to burn in hell. Burn in hell, Pell,” one man yelled.

Pell did not comment but a statement released by his solicitor Paul Galbally said the cardinal “has always maintained his innocence and continues to do so.”

“An appeal has been lodged against his conviction and he will await the outcome of the appeal process.”

One of the complainants at the centre of the case, who cannot be named, asked for privacy in the wake of the suppression order being lifted, saying he was “a regular guy working to support and protect my family as best I can.”

“Like many survivors I have experienced shame, loneliness, depression and struggle,” he said in a statement.

“Like many survivors it has taken me years to understand the impact upon my life.

“At some point we realise that we trusted someone we should have feared and we fear those genuine relationships that we should trust. I would like to thank my family near and far for their support of me, and of each other.”

Before returning to Australia to face the charges, Pell was for three years prefect of the secretariat for the economy of the Holy See, making him one of the most senior Catholics in the world. He was one of Francis’s most trusted advisers, and was handpicked to oversee the Vatican’s complex finances and root out corruption.

On the day of the dramatic verdict, after a four-and-a-half-week trial, Pell stood in the dock showing no reaction and staring straight ahead. The room was silent as the foreman told the court that the jury had found the cardinal guilty on all charges. Pell’s defence barrister, Robert Richter QC, when asked by journalists if he would appeal, responded: “Absolutely.”

Pell will now almost certainly face jail time.

The jury found that in the second half of December 1996, while he was archbishop of Melbourne, Pell walked in on two 13-year-old choirboys after a Sunday solemn mass at St Patrick’s Cathedral and sexually assaulted them.

The complainant, who is now aged 35, said he and the other choirboy had separated from the choir procession as it exited the church building. The prosecution’s case hinged on his evidence, as the other victim died in 2014 after a heroin overdose. Neither victim told anyone about the offending at the time.

After leaving the procession, the complainant said, he and the other boy sneaked back into the church corridors and entered the priest’s sacristy, a place they knew they should not be. There they found some sacramental wine and began to drink. The complainant alleged that Pell had walked in on them and told them something to the effect that they were in trouble.

Pell manoeuvred his robes to expose his penis. He stepped forward, grabbed the other boy by the back of his head, and forced the boy’s head on to his penis, the complainant told the court.

Pell then did the same thing to the complainant, orally raping him. Once he had finished, he ordered the complainant to remove his pants, before fondling the complainant’s penis and masturbating himself. The complainant said the attack lasted only a few minutes, and the boys left the room afterwards, hung up their choir robes and went home.

Being in the choir was a condition of the complainant’s scholarship to attend St Kevin’s College, an elite independent school in the affluent inner-Melbourne suburb of Toorak, the court heard.

“I knew a scholarship could be given or taken away even at that age,” the complainant told the court. “And I didn’t want to lose that. It meant so much to me. And what would I do if I said such a thing about an archbishop? It’s something I carried with me the whole of my life.”

The complainant alleged that either later that year in 1996, or in early 1997, Pell attacked him again. He said he was walking down a hallway to the choristers’ change room, again after singing at Sunday solemn mass at the cathedral, when Pell allegedly pushed him against the wall and squeezed his genitals hard through his choir robes, before walking off.

The complainant told the court that after the attacks he could not fathom what had happened to him and that he dealt with it by pushing it to the “darkest corners and recesses” of his mind.

In his police statement, the complainant said he remembered Pell “being a big force in the place”.

“He emanated an air of being a powerful person,” he said. “I’ve been struggling with this a long time … and my ability to be here. [Because] I think Pell has terrified me my whole life … he was [later] in the Vatican. He was an extremely, presidentially powerful guy who had a lot of connections.”

In his closing address, the crown prosecutor Mark Gibson told the jury their verdict would come down to whether they believed the complainant beyond reasonable doubt. They should find the complainant an honest witness, Gibson said.

Pell pleaded not guilty from the beginning. He was interviewed by a Victorian detective, Christopher Reed, in Rome in October 2016, and the video of that interview was played to the court. In that interview Pell described the allegations as “a load of garbage and falsehood”.

When Reed said the attacks were alleged to have occurred after Sunday mass, Pell responded: “That’s good for me as it makes it even more fantastically impossible.” 

Pell’s defence team told the jury there were so many improbabilities in the prosecution’s case that they should conclude the abuse could not have happened. Richter said it was unlikely that two boys could leave the choir procession after mass unnoticed or that the sacristy would be unattended or left unlocked, or that Pell would be able to manoeuvre his robes to show his penis in the way described by the complainant. The robes were brought into the court for jurors to view.

Richter used a PowerPoint presentation in the retrial during his closing address to the jurors, something he did not do in the first. One of the slides read: “Only a madman would attempt to rape two boys in the priests’ sacristy immediately after Sunday solemn mass.” 

In his directions to the jury, Kidd told them that the trial was not an opportunity to make Pell a scapegoat for the failures of the Catholic church.

The jury took less than four days to reach their unanimous verdict.

As many as 100 journalists accused of breaching the suppression order have been threatened with a charge of contempt of court and could face possible jail terms. Letters were sent to journalists from major media outlets which published or broadcast pieces in relation to the trial including News Corp, Nine Entertainment and the Australian Broadcasting Corporation in February.

The reason for the strict order was that Pell faced a second trial in relation to separate alleged historical offences. The first trial was suppressed temporarily so information from it would be less likely to influence the jury in the second. Suppression orders are not unusual in such cases.

But Kidd has now ordered that reporting restrictions be lifted after the Department of Public Prosecutions dropped the second set of charges. Kidd had ruled that key evidence was inadmissible and could not be used, significantly weakening the prosecution’s case. 

President of the Australian Catholic Bishops Conference, Archbishop Mark Coleridge, said the case had shocked many across Australia and around the world, “including the Catholic Bishops of Australia.”

“The bishops agree that everyone should be equal under the law, and we respect the Australian legal system. The same legal system that delivered the verdict will consider the appeal that the Cardinal’s legal team has lodged.”

“Our hope, at all times, is that through this process, justice will be served.”


Retrieved: https://www.theguardian.com/australia-news/2019/feb/26/cardinal-george-pell-vatican-treasurer-found-guilty-of-child-sexual-assault 15.03.19

George Pell’s ripple effect

Driven by the realisations of the Catholic Church’s mischievous use of their “crimen sollicitationis“, Australian Cardinal Pell’s guilt to multiple charges of Child Sexual Abuse is having an immense impact. Beyond solely Catholic Churches, Religions in general hid behind the veil of ‘blessed impunity’. This has now been ripped away, in both recorded phallacies of Pell’s innocence and Charges through a Court system.

Survivors and Solicitors

Survivors of child sexual abuse, who courageously gave evidence to The Royal Commission into Institutional Responses to Child Sexual Abuse, are now torn between applying for compensation through the Redress Scheme and/or launching legal proceedings against the perpetrating organisations. Neither pathway is easy and neither has a guaranteed outcome. Historical child sexual abuse cases are notoriously difficult…
— Read on notforgotten.tv/2018/10/27/survivors-and-solicitors/

Acknowledge the legal process will trigger trauma symptoms

Gather a support team

Commit to a rigorous self-care plan

Engaging a solicitor

Key points to remember when working with a solicitor

MANAGING COMMUNICATION

Supporting Survivors

LEGAL SUPPORT

EMERGENCY CONTACTS

Childhood abuse never ended for thousands of Australian adults

PHOTO After surviving years of abuse at the hands of her family, Sarah has started a family of her own. ABC NEWS: TRACEY SHELTON

Sarah is living proof that “life after hell” is possible. 

For more than 20 years she says she endured beatings, rape and degradation at the hands of her family.

She tells of being locked in sheds, made to eat from a dog’s bowl and left tied to a tree naked and alone in the bush.

Her abusers spanned three generations and included her grandfather, father and some of her brothers. She has scars across her body.

“This is from a whipper snipper,” she says, pointing to a deep gouge of scar tissue wrapped around the back of her ankle. Higher up is another she says was caused by her father’s axe.


Family violence support services:


But Sarah survived.

Now she is speaking out in the hope of empowering others trapped in abusive situations. 

“There is life after hell, but you need to learn how to believe in yourself,” she says.

A reality for many Australian adults

As confronting as Sarah’s case may be, she is not alone. 

While most people assume child abuse ends at adulthood, it can bring control, fear and manipulation that can last a lifetime.

Incestuous abuse into adulthood affects roughly 1 in 700 Australians, according to research by psychiatrist Warwick Middleton — one of the world’s leading experts in trauma and dissociation. If that estimate is accurate, tens of thousands of Australian adults like Sarah are being abused by family members into their 20s or even up to their 50s.

PHOTO Warwick Middleton is one of the world’s leading experts in trauma and dissociation. ABCNEWS Tracey Shelton

“It’s a mechanism of ongoing conditioning that utilises every human’s innate attachment dynamics, and where fear and shame are used prominently to ensure silence — particularly shame,” says Professor Middleton, an academic at the University of Queensland and a former president of the International Society for the Study of Trauma & Dissociation.

He has personally identified almost 50 cases among his patients, yet there was no literature or studies on this kind of abuse when he began publishing his findings.

Hidden in ‘happy’ families, successful careers

Sydney criminologist Michael Salter has found similar patterns in his own research. He said cases of incest are “fairly likely” to continue into adulthood, but this extreme form of domestic abuse is unrecognised within our health and legal systems.

“It’s unlikely that these men are going to respect the age of consent,” says Mr Salter, who is an associate professor of criminology at Western Sydney University. “It doesn’t make sense that they would be saying, ‘Oh you’re 18 now so I’m not going to abuse you anymore’. We’re just not having a sensible conversation about it.”

The ABC spoke with 16 men and women who described being abused from childhood into adulthood.

They said their abusers included fathers, step-fathers, mothers, grandparents, siblings and uncles.

Medical and police reports, threatening messages and photos of the abuse supported these accounts. Some family members also confirmed their stories.

PHOTO Sarah’s father often recorded the abuse. This image is the first in a series of five she discovered in the family home.

Sarah says her father and his friends photographed some of her abuse. One image shows her beaten and bloodied with a broken sternum at five. In another photo (pictured here), she cowers as her father approaches with a clenched fist.

Most victims described their families as “well-respected” and outwardly “normal-looking”, yet for many the abuse continued well after their marriage and the birth of their own children, as they navigated successful careers. 

“You see a lot of upper-income women who are medical practitioners, barristers, physiatrists — high functioning in their day-to-day lives — being horrifically abused on the weekends by their family,” Mr Salter says.

Helen, a highly successful medical professional, says she hid sexual abuse by her father for decades.

“They didn’t see the struggle within,” she says. 

A mental ‘escape’

Professor Middleton describes abuse by a parent as “soul destroying”. In order to survive psychologically, a child will often dissociate from the abuse.

Compartmentalising memories and feelings can be an effective coping strategy for a child dependent on their abuser, says Pam Stavropoulos, head of research at the Blue Knot Foundation, a national organisation that works with the adult survivors of childhood trauma.

‘I learnt to disappear’

Like a “shattered glass”, three women discuss the myths and challenges of living with Dissociative Identity Disorder.

The extreme and long-lasting nature of ongoing abuse can result in dissociative identity disorder, which on the one hand can shield a victim from being fully aware of the extent of the abuse but can also leave them powerless to break away, Ms Stavropoulos says.

Claire*, 33, describes her dissociation as both her greatest ally and her worst enemy.

“You feel like you’ve keep it so secret that you’ve fooled the world and you’ve fooled yourself,” she says.

In her family, women — her mother and grandmother — have been the primary physical and sexual abusers and she says some of her abuse is ongoing.

“In a way you have freedom, but at the same time you are trapped in a nightmare,” she says.

‘It’s like he’s melted into my flesh’

For many, the attachment to an abuser can be so strong, they lose their own sense of identity.

Kitty, who was abused by her father for more than five decades until his recent death, says she did everything her family said to try to win their love.

“I thought I was some kind of monster because I still love my father,” she says. “It’s like he’s melted into my flesh. I can feel him. He is always here.”

Raquel’s rage grew from her family’s dark past

Four years into my relationship with my new partner, I realised I was continuing a cycle of abuse. I am a survivor of family sexual abuse who was raised by a child molesterer, and I was releasing my rage on the closest person to me, writes Raquel O’Brien.

Mr Salter says the conditioning is difficult to undo, and often leaves a victim vulnerable to “opportunistic abuse” and violent relationships.

“If the primary deep emotional bond that you forge is in the context of pain and fear then that is how you know that you matter,” he says. “It’s how you know that you are being seen by someone.”

Many of those the ABC spoke with were also abused by neighbours or within the church or school system. Others married violent men.

“They don’t have the boundaries that people normally develop,” Mr Salter says, adding that parental abuse could leave them “completely blind to obvious dodgy behaviour because that’s what’s normal for them”.

‘You believe they own your body’

Professor Middleton said premature exposure to sex confuses the mind and the body and leaves a child vulnerable to involuntary sexual responses that perpetrators will frequently manipulate to fuel a sense of shame, convincing them they “want” or “enjoy” the abuse.

For Emma*, violent sexual assaults and beatings at home began when she was five and are continuing more than 40 years later.

“When you are naked, beaten, humiliated and showing physical signs of arousal, it really messes with your head. It messes with your sexuality,” she says.

“Your sense of what is OK and what isn’t becomes really confused. You come to believe that they literally own you and own your body. That you don’t deserve better than this.”

A medical report viewed by ABC shows Emma required a blood transfusion last month after sustaining significant internal tissue damage from a sharp object. The report stated Emma had a history of “multiple similar assaults”.

She said medical staff do want you to get help and sometimes offered to call police.

“What they don’t understand is that for me police are not necessarily a safe option,” she says.

As a teenager she had tried to report to the police, but was sent back home to face the consequences.

She said a “lack of understanding about the dynamics of abuse and the effects of trauma” mean victims rarely get the response and help they need.

While Emma has been unable to escape the abuse, she has made many sacrifices to shelter her children from it. But they still suffer emotionally, she says.

“It makes it hard for anyone who cares about you having to watch you hurt over and over again.”

Incest after marriage and kids

For Graham, it was devastating to find out his wife Cheryl* was being sexually abused by both her parents 10 years into their marriage.

“I had no idea it was going on,” he says, of the abuse that continued even after the birth of their children. “The fight between wanting to kill [her father] and knowing it’s wrong wasn’t fun. I don’t think people know what stress is unless they’ve been faced with something like that.”

With Graham’s support, the family cut contact with his in-laws. He says the fallout of this abuse ripples through society impacting everyone around both the abused and the abuser.

Mr Salter urges anyone suffering abuse to reach out for help, and for those around them to be supportive and non-judgemental.

“You can get out — don’t take no for an answer. Keep fighting until you find someone who is going to help you keep fighting,” he says.

A new life

Sarah met Professor Middleton after a suicide attempt at 14, but it took many years for her to trust and accept that things could change.

“I just couldn’t grasp I was free. It didn’t matter what anyone did,” she says. 

“I still felt overall that my family was in control of me and at any moment they could kill me.”

Through therapy with Professor Middleton — who she spoke of as the only father figure she has ever known — and the support of her friends and partner, Sarah finally broke away from her abusive family to start a new life of her own.

“You need people to help you through it. In the same way that it took other people to cause you the pain, it takes new people to replace them and help you give yourself another go,” she says.

“If I can give hope to one other person out there, then all my years of pain will not have been for nothing.”

*name changed to protect identity

https://mobile.abc.net.au/news/2018-09-01/family-sex-abuse-survivor-took-rage-out-on-partner/10155992

Terminology, Key Messages & What is Child Abuse & Neglect?

What is child abuse and neglect? 

CFCA Resource Sheet— September 2018

If you require assistance or would like to talk to a trained professional about the issues described in this paper, please call Kids Helpline on 1800 55 1800 or Lifeline on 13 11 14.

If you believe a child is in immediate danger call Police on 000.

Overview

The purpose of this resource sheet is to provide practitioners, policy makers and researchers with a working definition of child abuse and neglect. It provides a general definition of child abuse and neglect and definitions of the five commonly regarded subtypes.

The resource sheet provides information about: whether the abuse types constitute grounds for protection of a child under child protection law; and whether the abuse types are a crime under criminal law, with the possibility of punishment of the offender.

Introduction

For individuals working with children, it is important to be able to recognise child abuse and neglect when they come across it. For example, if a practitioner knows that, or has reason to believe that, a child is being hit or disciplined in a concerning way, the first question the practitioner must ask themselves – is this, or might this be, child abuse? If a practitioner believes or suspects child abuse or neglect, then a report must be made to child protection or the police (for more detail, see Mandatory Reporting of Child Abuse and Neglect).

Throughout this resource sheet, the term ‘children and young people’ is used. Although young people under the age of 18 are legally children (Australian Institute of Health and Welfare [AIHW], 2018)1, calling a young person a child can fail to acknowledge some important differences between children and young people, such as the difference in their desire and capacity for self-determination.

It is important to note that within much of the professional literature the terms ‘child abuse and neglect’ and ‘child maltreatment’ are used interchangeably. In this resource sheet, the term ‘child abuse and neglect’ is adopted because this is the term that is most commonly used in Australia.

Definition

The World Health Organization ([WHO], 2006, p. 9) defines child abuse and neglect as:

All forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.

Definitions of child abuse and neglect can include adults, young people and older children as the perpetrators of the abuse. It is commonly stated in legislation that the term ‘child abuse and neglect’ refers to behaviours and treatment that result in the actual and/or likelihood of harm to the child or young person. Furthermore, such behaviours may be intentional or unintentional and can include acts of omission (i.e. neglect) and commission (i.e. abuse) (Bromfield, 2005; Child Family Community Australia [CFCA], 2016).

Legal definitions of child abuse and neglect

Definitions of child abuse and neglect can be both legal and medical/psychological. Legal definitions tend to be broad, while medical definitions (such as what is provided by WHO, 2006) usually provide a more detailed explanation.

The way legislation defines child abuse and neglect matters. These laws have a direct influence on the outcomes of cases that are brought before a court. Legal definitions affect the attitudes and decisions of lawyers and judges. They affect the policies and practices of child protection agencies, and the training and attitudes of practitioners generally (Tomison & Tucci, 1997). They also set out acceptable standards of behaviour for the community (Australian Law Reform Commission [ALRC], 2010; Mathews & Bross, 2014).

There are two legal systems set up to respond to and prevent child abuse and neglect (ALRC, 2010; Plum, 2014):

  • the civil legal system
  • the criminal legal system.

The differences between the two legal systems are outlined in Table 1.

Table 1: Differences between the civil and criminal legal systems
  Civil child protection law Criminal child protection law
Focus Focus is on the future: the child’s safety and best interests Focus is on the past: judging the guilt of the accused
Outcome Decision about whether the child is in need of protection Punishment of the offender, which may involve incarceration
Standard of proof Lower standard of proof: ‘On the balance of probabilities’ Higher standard of proof: ‘Beyond reasonable doubt’

Child protection proceedings focus on whether the child is in need of protection (ALRC, 2010; Plum, 2014). They do not make a judgment about the guilt of an accused. For example, a child may have alleged sexual abuse by a parent. Although the truth of these allegations is clearly relevant to the child’s future safety, the focus of the child protection court is solely on the child’s future safety. The criminal court may have judged an individual innocent of the crime of child sexual abuse but this does not mean that the civil child protection courts cannot make a ruling about the future safety of the child.

A child protection response is not, nor should it be, contingent on securing a conviction. (ALRC, 2010, p. 939).

Criminal proceedings focus on judging the guilt of the accused, with the outcome providing for the punishment of the offender. Criminal proceedings generally focus on the past. An exception to this is the placement of a convicted child sex offender on a sex offender register, which is future focused and based on crimes the offender may commit in the future (Plum, 2014).

Subtypes of child abuse and neglect

Different types of child abuse and neglect have different features. It is important to distinguish between what are commonly regarded as the five main subtypes of child abuse and neglect:

  1. physical abuse
  2. emotional abuse
  3. neglect
  4. sexual abuse
  5. exposure to family violence.

The features of these subtypes are detailed below. Box 1 unpacks some of the difficulties and controversies around defining these five subtypes. 


Box 1: Difficulties and controversies around defining the subtypes

Although there is a broad consensus on the five subtypes of child abuse and neglect (see below), disagreement exists about exactly how to define and therefore recognise these subtypes. For example:

  • Parenting practices that are acceptable in one culture may be considered abusive in another culture. Some parenting practices are abusive regardless of culture. It can be difficult to know the difference.
  • There is debate in the literature (Broadley, 2014) – and variation across Australian jurisdictions (CFCA, 2016) – on whether definitions of child abuse should refer to the parental behaviours or to the harm to the child, or whether evidence of both should be required for its recognition (e.g. do we need to know that a parent has hit a child and for there to be a resulting injury to constitute physical abuse?).
  • Sometimes it can be difficult to know whether the parental behaviours are harmful enough to constitute child abuse. For example, in neglect cases practitioners can have different perceptions about what constitutes ‘good enough’ parenting (Turney, Platt, Selwyn, & Farmer, 2012).
  • The child protection legislation used in many Australian jurisdictions defines child abuse as a behaviour or action that causes a child significant harm. It can be difficult to know the point at which a child is suffering significant harm.
  • The child protection legislation used in many Australian jurisdictions also defines child abuse as a behaviour that is likely to cause significant harm. However, it can be difficult, even impossible, to predict whether a child who is apparently suffering no harm or suffering minor harm is likely to suffer significant harm in the future.
  • There is also the tricky issue of intent. Although there is no consensus among experts about whether the intent to cause harm is a necessary component of child abuse and neglect, some suggest that notions of culpability, motive and intent are important to many practitioners when making decisions about whether to describe an incident as child abuse and neglect (Platt & Turney, 2013).
  • Many parents who neglect their children do not intend to do so. Many of these parents struggle with issues such as poverty or a disability. When these issues are present, there is a responsibility on the state to provide support and assistance to the family. Are there limits on what support and assistance the state is to be expected to give?
  • Is child abuse and neglect an objective or subjective reality? For example, if legislators, policy makers and practitioners say that a sexual ‘relationship’ between a 19 year old and a 15 year old is sexual abuse but the 15 year old says that it is not, whose opinion holds the most weight? How might these judgements change as the age gap becomes greater?

It is not possible to provide definite answers to any of these questions. By drawing from research, their experience, using empathy and listening well, practitioners must exercise good professional judgement as they work with each unique child in each unique context. It is also important for human services, health, criminal justice and other professionals to make decisions collaboratively. For example, in the case of Indigenous children and children from culturally and linguistically diverse backgrounds, it is important to involve specialist cultural advisers in planning and decision making.

1.  Physical abuse

The WHO (2006, p. 10) defines child physical abuse as:

The intentional use of physical force against a child that results in – or has a high likelihood of resulting in – harm for the child’s health, survival, development or dignity. This includes hitting, beating, kicking, shaking, biting, strangling, scalding, burning, poisoning and suffocating. Much physical violence against children in the home is inflicted with the object of punishing.

In all Australian jurisdictions, civil child protection legislation exists to protect children and young people from physical abuse. As previously stated, this civil legislation does not focus on the innocence or guilt of the alleged perpetrator, instead it focuses on the safety – particularly the future safety – of the child.

Jurisdictional criminal laws in Australia deal with severe cases of child physical abuse (such as those resulting in permanent or fatal injury) as offences of violence. The specific wording of these laws varies across jurisdictions (ALRC, 2010).

There is controversy about whether offences against children such as child physical abuse should be contained in civil child protection or criminal legislation. For example, some submissions to the ALRC (2010) argued that child abuse offences should be located in the criminal law and that violence against a child should not be considered less serious than such acts against an adult. Alternatively, it was suggested that such offences should be located in civil child protection legislation, then decisions about whether to recommend criminal action could be managed by child welfare experts.

The Commission’s view was that the best way forward was through cooperative relationships between professionals (i.e. child protection workers, police, health professionals and other human services workers), who can make joint decisions about which legislation to use depending on factors such as the nature and severity of the child abuse offence (ALRC, 2010). On the basis of the submissions received, the Commission made no specific recommendation for change.

2.  Emotional abuse

Emotional abuse is also sometimes called ‘emotional maltreatment’, ‘psychological maltreatment’ and ‘psychological abuse’.

Emotional abuse refers to a parent or caregiver’s inappropriate verbal or symbolic acts towards a child and/or a pattern of failure over time to provide a child with adequate non-physical nurturing and emotional availability. Such acts of commission or omission are likely to damage a child’s self-esteem or social competence (Bromfield, 2005; Garbarino, Guttman, & Seeley, 1986; WHO, 2006). According to a popular conception by Garbarino and colleagues (1986, p. 8), emotional abuse takes five main behavioural forms:

  • rejecting: the adult refuses to acknowledge the child’s worth and the legitimacy of the child’s needs
  • isolating: the adult cuts the child off from normal social experiences, prevents the child from forming friendships and makes the child believe that he or she is alone in the world
  • terrorising: the adult verbally assaults the child, creates a climate of fear, bullies and frightens the child, and makes the child believe that the world is capricious and hostile
  • ignoring: the adult deprives the child of essential stimulation and responsiveness, stifling emotional growth and intellectual development
  • corrupting: the adult ‘mis-socialises’ the child, stimulates the child to engage in destructive antisocial behaviour, reinforces that deviance, and makes the child unfit for normal social experience.

In all Australian jurisdictions, emotional abuse is grounds for ‘when a child is in need of protection’ (CFCA, 2016). These civil child protection laws enable child protection practitioners to intervene in cases of emotional abuse and make an application to the children’s court for a child’s protection. However, the difficulties in doing this are well documented (Broadley, 2014; Goddard, 1996; Sheehan, 2006).

In most jurisdictions child protection practitioners are required to provide the children’s court with evidence of a link between the actions of a parent and the outcomes for a child (Bromfield & Higgins, 2004). In cases of emotional abuse it can be ‘difficult, even impossible, to prove a direct link between the abuse and/or neglectful parental behaviours and the poor child outcomes’ (Broadley, 2014, p. 272).

Given these challenges, it is particularly important for child protection and child welfare professionals to work collaboratively to support families to build protective factors and protect children from emotional abuse.

3.  Neglect

According to WHO (2006, p. 10):

Neglect includes both isolated incidents, as well as a pattern of failure over time on the part of a parent or other family member to provide for the development and wellbeing of the child – where the parent is in a position to do so – in one or more of the following areas:

  • health 
  • education 
  • emotional development 
  • nutrition 
  • shelter and safe living conditions.

In all Australian jurisdictions, neglect is grounds for ‘when a child is in need of protection’ (CFCA, 2016). These cases can be difficult for child protection practitioners to take before the child protection court, particularly if the concerning parental behaviours are low impact and high frequency (as opposed to high impact and low frequency). The difficulty may be in proving a link between the parental behaviours and/or omissions and the child outcomes.

Courts may also be reluctant to determine a child needs protection when the parents are poor or when for some other reason they struggle to provide for their child’s basic needs. In these situations, there is a responsibility on the state to provide support and assistance to the parents; and the parents have a responsibility to engage with and utilise these supports (CFCA, 2016). NSW child protection legislation explicitly states that the children’s court ‘cannot conclude that the basic needs of a child or young person are likely not to be met only because of a parent’s or primary care-giver’s disability or poverty’ (CFCA, 2016).

In many Australian jurisdictions it is a criminal offence for those with parental responsibility to fail to provide a child with basic needs such as accommodation, food, education and health care. Across the jurisdictions, these laws are all drafted differently. For example, in the Northern Territory the offence relates to a child under two years. In NSW and Queensland, the offence relates to a child under seven years (ALRC, 2010).

For a more detailed overview of the issues surrounding child neglect, see the CFCA paper Understanding Child Neglect.

4.  Sexual abuse

The WHO (2006, p. 10) defines child sexual abuse as:

The involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violates the laws or social taboos of society. Children can be sexually abused by both adults and other children who are – by virtue of their age or stage of development – in a position of responsibility, trust or power over the victim.

In all Australian jurisdictions, sexual abuse is grounds for ‘when a child is in need of protection’ (CFCA, 2016). Commonly the child will not have a parent who has or who is likely to protect them.

Various jurisdictions have civil child protection legislation that provides for specific types of sexual abuse. For example, in the Northern Territory it is ‘involving the child as a participant or spectator … (in) an act of a sexual nature’ (CFCA, 2016); and in New South Wales where a child under the age of 14 has exhibited sexually abusive behaviours and requires intervention and treatment (CFCA, 2016).

There is a diversity of perpetrator characteristics, relationships and contexts within which child sexual abuse occurs (Quadara, Nagy, Higgins, & Siegel, 2015). In this resource sheet these different types of child sexual abuse are presented as:

  • adult abusers with no familial relationship to the child
  • adult abusers who are family members of the child
  • adult abusers who are in a position of power or authority over the child
  • sexual abuse that is perpetrated by children and young people
  • sibling sexual abuse
  • online child sexual abuse
  • commercial child sexual exploitation.

Australian jurisdictional criminal laws are referred to in each of these types.

Adult abusers with no familial relationship to the child

Extra-familial child sexual abuse is sexual abuse that is perpetrated by acquaintances of the child victim or the child victim’s family (Quadara et al., 2015).

Criminal laws across Australia consider sexual abuse to be sexual activity between any adult and a child under the age of consent. The age of consent is 16 years in most Australian jurisdictions (see CFCA resource sheet Age of Consent Laws for a more detailed discussion). Therefore, in Australia, consensual sexual activity between a 20 year old and a 15 year old is a crime, while in most jurisdictions2 the same activity between a 20 year old and a 17 year old is not a crime.

Under civil child protection legislation, a child or young person is in need of protection from an extra-familial abuser if the parents or carers are unwilling or unable (or are likely to be unwilling or unable) to protect the child or young person from the sexual abuse.

Adult abusers who are family members of the child

Intra-familial child sexual abuse is considered to be the most prevalent type of child sexual abuse (Quadara et al., 2015). Perpetrators within this context include fathers, mothers, step-fathers, step-mothers, brothers, sisters, aunts, uncles, cousins and grandparents. (The following sections ‘Sexual abuse that is perpetrated by children and young people’ and ‘Sibling sexual abuse’ can involve intra-familial child sexual abuse.)

In most Australian jurisdictions, sexual activity in the context of biological, step-family and adoptive relationships are covered by incest provisions (ALRC, 2010). In some jurisdictions, the incest offence applies regardless of age. In other jurisdictions, general child sexual abuse offences are applicable to children and the incest offence relates to situations where the victim is over the age of 16 years (ALRC, 2010).

Under child protection legislation, a child or young person needs protection from an intra-familial abuser if there is no parent or carer who is (or who is likely to be) willing and able to protect the child or young person from the sexual abuse.

Adult abusers who are in a position of power or authority over the child

Child sexual abuse occurs when there is any sexual behaviour between a child and an adult in a position of power or authority over them (e.g. a teacher).

Under child protection legislation a child or young person needs protection if the parents or carers are not able, or are unlikely to be willing, to protect the child or young person from the sexual abuse.

The general age of consent laws are inapplicable in these cases due to the strong imbalance of power that exists between children and young people and authority figures, as well as the breach of personal and public trust that occurs when professional boundaries are violated. For example, in NSW there is a provision for the criminal offence of ‘sexual intercourse with a child between 16 and 18 under special care’ (e.g. when the adult is a teacher, health professional or religious leader) (ALRC, 2010; Australian Legal Information Institute, 2018).

Sexual abuse that is perpetrated by children and young people

The terminology used to describe child sexual abuse that is perpetrated by children and young people is changeable (El-Murr, 2017). It is important not to demonise the children and young people engaging in the abusive behaviour by calling them perpetrators or sex offenders (El-Murr, 2017; Fernandez, 2016). These children and young people are still developing and growing. Labelling them may shame them and may deter them and their families from engaging with treatment and support (Fernandez, 2016).

However, it is important not to deny or minimise the harm that these children and young people cause to their victims and to themselves (El-Murr, 2017; Fernandez, 2016). El-Murr (2017) uses the term ‘problem sexual behaviours’ to describe ‘sexual behaviours that lie outside the range of age-appropriate behaviours and are demonstrated by children below the age of criminal responsibility’, and ‘sexually abusive behaviours’ as ‘behaviours displayed by those 10 up to 18 years and which have legal consequences’ but acknowledges that these terms also have their risks (see CFCA paper Problem Sexual Behaviours and Sexually Abusive Behaviours in Australian Children and Young People for a more detailed discussion).

Research suggests that this type of sexual abuse is common, and that children and young people are most likely to experience sexual harm from other children and young people (El-Murr, 2017). Such abuse often involves an older child or young person coercing or forcing a child who is younger, smaller or where there are marked developmental differences (e.g. if the victim child has a disability) into sexual activity (El-Murr, 2017). Even when there is no information to suggest coercion, manipulation or force, this does not mean an absence of manipulation or pressure. If a child’s sexual activity is out of the ordinary for his or her age, then regardless of whether or not there is an apparent power imbalance, professional help should be sought.

Some Australian jurisdictions have child protection legislation (e.g. New South Wales, Queensland, South Australia and Victoria) that allows for a diversionary pathway in place of a criminal justice response (El-Murr, 2017).  In most other jurisdictions these offences are dealt with by the criminal division of the children’s court (El-Murr, 2017).

In some jurisdictions young people who have been found guilty of a child sexual abuse offence may be included on the sex offender register (Victorian Law Reform Commission (VLRC), 2014).

Sibling sexual abuse

Research suggests that sibling sexual abuse occurs at similar or higher rates to other types of intra-familial sexual abuse (Quadara et al., 2015; Stathopoulos, 2012). This type of sexual abuse is when there is sexual activity between a child or young person and a sibling that is non-consensual or coercive, or where there is an inequality of power or development between them.

As stated above, there is civil child protection legislation in some Australian jurisdictions to enable therapeutic treatment for these children and young people in place of a criminal justice response. In other jurisdictions the question of whether there will be criminal justice intervention will depend on the age of the children and the nature of the offence (El-Murr, 2017).

Although consensual and (apparently) non-coercive sexual behaviour between similarly aged siblings may not be considered child sexual abuse, it is considered problematic and harmful, and professional intervention should be sought.

Online child sexual abuse

Online child sexual abuse can cause additional harm to children and young people beyond the abusive experience itself (Quayle, 2013). Due to digital technology, offenders are able to take photos and videos of children and young people being sexually abused with little cost or effort, and often in the privacy of their own homes (Broughton, 2009). They are then able to communicate with other offenders via the internet and distribute their material online. These photos and videos are a permanent product of the abuse. They may resurface at any time and this leaves victims with a lifelong fear of exposure, exacerbating the damage (Broughton, 2009; Quayle, 2013). Offenders often use these images to manipulate victims into silence by threatening exposure should the child or young person ever talk about the abuse (Broughton, 2009).

Online child sexual abuse may also involve sexting (sending messages with sexual photos or videos via a mobile phone or posting online) (Queensland Sentencing Advisory Council, 2017). A decision about whether or not sexting constitutes child sexual abuse will depend on the particulars of the situation, including the ages of the children and young people involved. Sexting laws differ across Australian jurisdictions. For example, in Victoria it is a criminal offence for someone over the age of 18 years to send an image of someone who is under the age of 18 years posing in an indecent sexual manner to a third party, even if the child or young person has given consent (Victoria Legal Aid, 2014). (See CFCA resource sheet Images of Children and Young People Online for further details).

Civil child protection legislation provides protection for children and young people who are or who are likely to be victims of online child sexual abuse. This may, for example, involve statutory child protection authorities intervening to protect a child whose parent has accessed child exploitation material on the internet.

Online child sexual abuse and child exploitation material offences over the internet are international crimes constituting a global problem (Queensland Sentencing Advisory Council, 2017). Online child sexual offences are dealt with in Commonwealth and jurisdictional criminal legislation. These laws cover access, possession, distribution and the making of material. Although there are definitional differences across jurisdictions, all Australian jurisdictions agree that such activities and materials must be criminalised (Queensland Sentencing Advisory Council, 2017).

Commercial child sexual exploitation

Commercial child sexual exploitation includes:

  • the production and distribution of child exploitation material
  • exploiting children for prostitution (sometimes called child prostitution), which may involve promising money, food, clothing, accommodation or drugs to a child, or more often to a third person, in exchange for sexually abusing the child
  • the abduction and trafficking of children for sexual abuse purposes, which can occur within or across countries
  • sexual exploitation of children in the context of tourism (sometimes called child sex tourism)3 where individuals (generally Western men) travel from higher to lower income countries for the purpose of sexually exploiting children (Cameron et al., 2015; Interagency Working Group in Luxembourg, 2016; Johnson, 2014).

In Australia, the individual states and territories have their own unique sets of laws that criminalise all forms of commercial sexual exploitation of children. Although there are differences in how it is defined across jurisdictions, there is an overall commitment to working with other governments (domestic and international) to prevent commercial child sexual exploitation, to prosecute perpetrators and to protect victims (Cameron et al., 2015). For example, in Australia the sexual exploitation of children in the context of tourism offences have been in place since 1994. In 2010 the laws were reformed to broaden the scope of criminalised activities and increase penalties. The Australian Federal Police are active in their efforts to protect children in foreign countries and to prosecute child sex offenders in the context of tourism. There have been a number of successful prosecutions of Australians involved in these crimes (Johnson, 2014).

5.  Exposure to family violence

Children and young people are often a hidden population within the family violence literature and discourse. Richards (2011, p. 1) refers to them as ‘silent, forgotten, unintended, invisible and/or secondary victims’. Forcing a child or young person to live in an environment where a primary caregiver experiences sustained violence is in and of itself emotional and psychological abuse (Goddard & Bedi, 2010). Children and young people who are forced to live with violence are at increased risk of experiencing physical and sexual abuse (Dwyer & Miller, 2014; Goddard & Bedi, 2010; Mitchell, 2011). These children and young people tend to experience significant disruptions in their psychosocial wellbeing, often exhibiting a similar pattern of symptoms to other abused or neglected children (Kitzmann, Gaylord, Holt, & Kenny, 2003; Mitchell, 2011).

Family violence commonly occurs with inter-related problems such as drug and alcohol misuse and mental illness. These inter-related problems exacerbate and increase the risks to children in these families (Bromfield, Lamont, Parker, & Horsfall, 2010; Mitchell, 2011).

In all Australian jurisdictions, exposure to family violence is grounds for ‘when a child is in need of protection’ (CFCA, 2016). It is normally dealt with under the category of emotional and psychological abuse. However, in some jurisdictions (e.g. NSW and Tasmania) there is specific mention of family violence as grounds for protection (CFCA, 2016).

Additional forms of child abuse and neglect

As well as the five main subtypes of child abuse and neglect, researchers have identified other types, including:

  • fetal abuse (e.g. unborn babies who are harmed or placed at risk of harm as a result of maternal drug or alcohol use)
  • exposure to community violence
  • institutional abuse (i.e. abuse that occurs in institutions such as foster homes, group homes, and religious and sporting groups)
  • state-sanctioned abuse (e.g. female genital mutilation in parts of Africa, the Stolen Generations in Australia) (Corby, 2006; Miller-Perrin & Perrin, 2007).

The relationships between the different subtypes of child abuse and neglect

Although it is useful to distinguish between the different subtypes of child abuse and neglect in order to understand and identify them more thoroughly, it can also be slightly misleading. It is misleading if it creates the impression that there are always strong lines of demarcation between the different abuse subtypes, or that abuse subtypes usually occur in isolation. There is a growing body of evidence to suggest many children who are abused or neglected are subjected to multiple forms of abuse and neglect (Price-Robertson, Rush, Wall, & Higgins, 2013). White, Hindley, & Jones (2015), for example, found that neglect (as opposed to other abuse types) is a particularly strong predictor of all other abuse types. Goddard and Bedi (2010, p. 7) found there were ‘high rates of overlap’ between intimate partner violence and child physical and sexual abuse. Vachon, Krueger, Rogosch, & Cicchetti (2015, p. 1140) found that child sexual abuse is ‘almost always accompanied’ by other types of child abuse and neglect.

Conclusion

Answering the question ‘what is child abuse and neglect?’ is not always a straightforward task. Cultural differences, questions about thresholds (at what point is the child experiencing significant harm?), determining ‘good enough’ parenting, and predicting likelihood of harm all give reason for pause and reflection. In order to make appropriate determinations about whether a child is or is not being abused it is important that professionals in all parts of the service system know the relevant laws and research findings, that they value and practice interdisciplinary work, and that their assessments and decisions are informed by the voices and experiences of children, young people and families.

For further reading see the CFCA publications:

References

  • Australian Institute of Health and Welfare (AIHW). (2018). Child Protection Australia 2016–2017 (Vol. Cat. no. CWS. 63). Canberra: AIHW.
  • Australian Law Reform Commission (ALRC). (2010). Family violence: A national legal response. Canberra: ALRC.
  • Australian Legal Information Institute. (2018). Crimes Act 1900 – Sect 73, Sexual intercourse with a child between 16 and 18 under special care. Sydney: University of Technology Sydney and University of New South Wales. Retrieved from www5.austlii.edu.au/cgi-bin/viewdoc/au/legis/nsw/consol_act/ca190082/s73.html
  • Broadley, K. (2014). Equipping child protection practitioners to intervene to protect children from cumulative harm: Legislation and policy in Victoria, Australia. Australian Journal of Social Issues49(3), 265–284.
  • Bromfield, L., & Higgins, D. (2004). The limitations of using statutory child protection data for research into child maltreatment. Australian Social Work, 57(1), 19–30.
  • Bromfield, L. M. (2005). Chronic child maltreatment in an Australian statutory child protection sample (Unpublished doctoral dissertation). Deakin University, Geelong.
  • Bromfield, L., Lamont, A., Parker, R., & Horsfall, B. (2010). Issues for the safety and wellbeing of children in families with multiple and complex problems. Family Matters, 88, 76.
  • Broughton, D. D., (2009). Child exploitation in the 21st century. Paediatrics and Child Health, 19, S197–S201.
  • Cameron, G., Sayer, E. M., Thomson, L., Wilson, S., Jones, D. N., & Florek, A. (2015). Child Sexual Exploitation: A study of international comparisons. Virtual Staff College [Online]. Retrieved fromthestaffcollege.uk/wp-content/uploads/CSE_exec_sum_final_publish_1.0.pdf
  • Child Family Community Australia (CFCA). (2016). Australian legal definitions: When is a child in need of protection? (CFCA Resource Sheet). Melbourne: Australian Institute of Family Studies.
  • Corby, B. (2006). Child Abuse: Towards a knowledge base (3rd Ed). Berkshire, England: Open University Press.
  • Dwyer, J., & Miller, R. (2014). Working with families where an adult is violent. Melbourne: Department of Human Services.
  • El-Murr, A. (2017). Problem sexual behaviours and sexually abusive behaviours in Australian children and young people (CFCA Paper No. 46). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/cfca/publications/problem-sexual-behaviours-and-sexually-abusive-behaviours-australian-children
  • Fernandez, C. (2016). Sibling Sexual Abuse Series: Part 1. Australian Childhood Foundation Prosody Blog. Retrieved from www.childhoodtrauma.org.au/2016/may/sibling-sexual-abuse-1
  • Garbarino, J., Guttman, E., & Seeley, J. W. (1986). The psychologically battered child: Strategies for identification, assessment, and intervention. San Francisco, CA: Jossey-Bass Inc.
  • Goddard, C. (1996). Child abuse and child protection: A guide for health, education and welfare workers. South Melbourne: Churchill Livingstone.
  • Goddard, C., & Bedi, G. (2010). Intimate partner violence and child abuse: A child centred perspective. Child Abuse Review, 19, 5–20.
  • Interagency Working Group in Luxembourg. (2016). Terminology guidelines for the protection of children from sexual exploitation and sexual abuse. Bangkok, Thailand: ECPAT International
  • Johnson, A. K. (2014). Protecting children’s rights in Asian tourism. The International Journal of Children’s Rights22(3), 581–617.
  • Kitzmann, K. M., Gaylord, N. K., Holt, A. R., & Kenny, E. D. (2003). Child witnesses to domestic violence: A meta-analytic review. Journal of Consulting and Clinical Psychology71(2), 339–352.
  • Mathews, B., & Bross, D. C. (2014). Using law to identify and manage child maltreatment. In J. Korbin, & R. Krugman (Eds.). Handbook of child maltreatment (pp. 477–502). Dordrecht, NL: Springer.
  • Miller-Perrin. C. L., & Perrin, R. D., (2007) Child maltreatment: An introduction. Thousand Oaks, CA: Sage Publications.
  • Mitchell, L. (2011). Domestic violence in Australia: An overview of the issues (Parliamentary Library, Information Analysis Advice). Canberra: Parliament of Australia.
  • Platt, D., & Turney, D. (2014). Making threshold decisions in child protection: A conceptual analysis. British Journal of Social Work, 44(6), 1472–1490.
  • Plum, H. J. (2014). Legal responses to child maltreatment. Child Abuse and Neglect Worldwide1, 181–204.
  • Price-Robertson, R., Rush, P., Wall, L., & Higgins, D. (2013). Rarely an isolated incident: Acknowledging the interrelatedness of child maltreatment, victimisation and trauma (CFCA Paper No. 15). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/cfca/publications/rarely-isolated-incident-acknowledging-interrelatedness-child-maltrea
  • Quadara, A., Nagy, V., Higgins, D., & Siegel, N. (2015). Conceptualising the prevention of child sexual abuse: Final report (Research Report No. 33). Melbourne: Australian Institute of Family Studies. Retrieved from aifs.gov.au/publications/conceptualising-prevention-child-sexual-abuse
  • Quayle, E. (2013). Child pornography. In Y. Jewkes, & M. Yar (Eds.), Handbook of Internet Crime (pp. 343–368). New York: Routledge.
  • Queensland Sentencing Advisory Council. (2017). Classification of child exploitation material for sentencing purposes: Final report. Brisbane: Queensland Sentencing Advisory Council. Retrieved from www.sentencingcouncil.qld.gov.au/__data/assets/pdf_file/0017/531503/cem-final-report-july-2017.pdf
  • Richards, K. (2011). Children’s exposure to domestic violence in Australia. Trends and Issues in Crime and Criminal Justice419.
  • Sheehan, R. (2006). Emotional harm and neglect: The legal response. Child abuse review15(1), 38–54.
  • Stathopoulos, M. (2012). Sibling sexual abuse (ACSSA Research Summary). Melbourne: Australian Institute of Family Studies.
  • Tomison, A. M., & Tucci, J. (1997). Emotional abuse: The hidden form of maltreatment (National Child Protection Clearing House). Melbourne: Australian Institute of Family Studies.
  • Turney, D., Platt, D., Selwyn, J., & Farmer, E. (2012). Improving child and family assessments turning research into practice. London: Jessica Kingsley Publishers.
  • United Nations. (1989). Convention on the Rights of the Child.  Geneva: United Nations. Retrieved from www.refworld.org/docid/3ae6b38f0.html  
  • Vachon, D. D., Krueger, R. F., Rogosch, F. A., & Cicchetti, D. (2015). Assessment of the harmful psychiatric and behavioral effects of different forms of child maltreatment. JAMA Psychiatry, 72(11), 1135–1142.
  • Victorian Law Reform Commission (VLRC). (2014). Sex Offenders Registration Final Report. Melbourne: VLRC. Retrieved from www.lawreform.vic.gov.au/sites/default/files/SOR_Final%20Report_Full%20text.pdf
  • Victoria Legal Aid. (2014). Sexting and child pornography. Melbourne: Victoria Legal Aid. Retrieved from www.legalaid.vic.gov.au/find-legal-answers/sex-and-law/sexting-and-child-pornography
  • White. O. G., Hindley, N., & Jones, D. P. H. (2015). Risk factors for child maltreatment recurrence: an updated systematic review. Medicine, Science and the Law, 55(4), 259–277.
  • World Health Organization. (2006). Preventing child maltreatment: A guide to taking action and generating evidence. Geneva: WHO. Retrieved from www.who.int/violence_injury_prevention/publications/violence/child_maltreatment/en/

1 In Australia children and young people are those under the age of 18 (AIHW, 2018). The United Nations Convention on the Rights of the Child also defines a child as any human under the age of 18 years (United Nations, 1989).

2 In Queensland, consensual anal sex is considered to be an offence when the activity involves any person under the age of 18 years.

3 The use of terms such as child prostitution and child sex tourism imply that the child has given informed consent to the sexual abuse. The terms used in this resource sheet have been chosen because they better reflect the fact that the child is a victim of abuse and exploitation (Interagency Working Group in Luxembourg, 2016).


Authors and Acknowledgements

This paper was updated by Karen Broadley, Senior Research Officer with the Child Family Community Australia information exchange at the Australian Institute of Family Studies. 

Previous editions have been compiled by Kathryn Goldsworthy, Rhys Price-Robertson, Leah Bromfield and Nick Richardson.

The feature image is by Aurimas, CC BY-ND 2.0.


Publication details

CFCA Resource Sheet
Published by the Australian Institute of Family Studies, September 2018. 
Last updated September 2018

Retrieved from https://aifs.gov.au/cfca/publications/what-child-abuse-and-neglect

Former Mildura detective Denis Ryan pens a fresh chapter

FORMER Mildura detective Denis Ryan has released an updated ­version of his book Unholy Trinity with a new chapter.

Unholy Trinity documents Mr Ryan’s story as a young detective in Mildura in the 1960s who tried to bring paedophile priest Monsignor John Day to justice, only to be blocked by the Catholic Church and the police force. 

He was forced out of Victoria Police in 1972 without receiving his pension, which led to a 46-year battle for justice, which he won in May last year when he received compensation from the State Government.

For more of this story, purchase your copy of Tuesday’s Sunraysia Daily 8-1-2019. To subscribe to our Digital Edition Click here

Former Mildura cop Denis Ryan has updated his book about his fight to bring a paedophile priest to justice. 

pens-a-fresh-chapter/?cs=1511http://www.sunraysiadaily.com.au/story/5839870/former-mildura-detective-denis-ryan-

Delays in Institutions run similar to Facebook tactics

Delay, Deny and Deflect: How Facebook’s Leaders Fought Through Crisis” is what a New York Times Article is titled, followed by the overplayed icon photograph:

Facebook has gone on the attack as one scandal after another — Russian meddling, data sharing, hate speech — has led to a congressional and consumer backlash.CreditCreditTom Brenner for The New York Times

https://www.nytimes.com/2018/11/14/technology/facebook-data-russia-election-racism.html

Having paid significant attention to moments that FB-Facebook has appeared on Australia’s ABC, I recognised similarities between one monolith & that of church Institutions in Australia. National Redress Scheme is applicable to any Child Abuse Survivour, yet hearing of deaths before Compensation &/or Redress is made seems to reignite the fire.

The long, painful wait for abuse survivors to see redress

Please read through the linked Article above: “The long, painful wait …” to read information such as the following:

“These figures confirm what we have known; there is huge inequity between the Catholic Church’s wealth and their responses to survivors,” said Helen Last, chief executive of the In Good Faith Foundation, which supports abuse survivors.

“The 600 survivors registered for our foundation’s services continue to experience minimal compensation and lack of comprehensive care in relation to their church abuses. They say their needs are the lowest of church priorities.”

Healy said the church’s meeting the claims of survivors whose complaints of abuse were upheld was “amongst its highest priorities”. He said that since that report the church had paid an extra $17.2 million to survivors.

The Age’s investigation also calls into question the privileges the church enjoys, including exemptions from nearly all forms of taxation and billions of dollars in government funding each year to run services – $7.9 billion for its Australian schools alone in 2015.

It involved obtaining property valuations from 36 Victorian councils, including most of the Melbourne metropolitan area, Geelong, Ballarat and Bendigo, many under freedom of information.

It identified more than 1860 church-owned properties with “capital improved value” (land plus buildings) of just under $7 billion.

SOURCES: https://www.theage.com.au/interactive/2018/catholic-inc-what-the-church-is-really-worth/

https://newviralstory.com/the-long-painful-wait-for-abuse-survivors-to-see-redress/

EREA, Anglican Church Australia & GPS

Following COPIED message has now been distributed amongst Private Schools in SEQ:

An interim response is requested, to repost on our LinkedIn, WordPress, Social Media & ABC/SBS News Networks.
As some of your Schools have been involved in the Royal Commission (CARC) Hearings, this eMail is querying how your Bodies administrate, for the benefit of the Students’ (I.E. Children & Minors) ‘Safety & Security’? Public News publications have been sourced re: some of your places of education.
This query has been sent on behalf of an evolving network of School-Swapping, alike Church-Swapping. Inclusion of these details are for benefit of previous Survivors-Victims of these Institutions (Private Damages Claims & National Redress Scheme).
/ END
CC ABC News, SBS Portals & Prue Montgomery | knowmore Principal Lawyer