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'The Church should not give any appearance of hiding behind the corporate veil. Justice demands that present church leaders agree to satisfy any judgment debt against their predecessors or their deceased predecessors' estates when there is an allegation of past failure to supervise or adequately investigate a sexual predator in the ranks. Any damages should be paid from church assets.' Frank Brennan addresses the Australian Lawyers Alliance Conference, Rydges Lakeside, Canberra, 26 October 2013.
How clever of you to choose the day of the federal election for me to offer these reflections. I come amongst you, not as a publisher or journalist but as an advocate in the public square animated by my own religious tradition as a Jesuit and Catholic priest engaged on human rights issues in a robustly pluralistic democratic society.
'The Towards Healing protocol is not a substitute for criminal prosecution of sex abusers. Nor is it a cheap alternative to civil liability for damages. It is a procedure available by choice to victims in addition to criminal prosecution of perpetrators or pursuit of civil damages for negligence by church authorities.' Full text from Frank Brennan's address to the Canon Law Society of Australia and New Zealand 47th Annual Conference, 4 September 2013 at Hotel Grand Chancellor Adelaide on Hindley.
ABC employee Jill Meagher was murdered by a man who had been granted parole while serving his sentence for a previous violent sexual crime. The largest threat to the security of the community comes from a view that sees punishment entirely in retributive terms. Unless the human development of prisoners is seen as central, imprisonment simply begets further risk.
AFL footballer Liam Jurrah had his prison sentence for an assault conviction reduced to three months. Hopefully he will not be too harmed by his experience, and afterwards may be given the chance to recommence his football career. But the conditions confronting his cousins and brothers will not change. In the NT there is a troubling confluence between harsher penalties and increasing incarceration rates.
Fr Frank Brennan's keynote address at the Archdiocese of Canberra and Goulburn Clergy Assembly, St Clement's, Gaylong, on 22 May 2013
A recent study of sexual violence in six Asia-Pacific countries revealed that one in every four men had committed rape. When men who don't rape tell the violent minority that they have no such right, the dreadful statistics will start to plummet.
In Australia the child's welfare is trumped by the demands of a justice system focused on containment of risk, and by populist calls to get tough on crime. When offending children are seen through a judicial lens, and justice is seen as retributive, the support society offers them to become responsible adults is fragmented.
Political trust is fragile and can be destroyed in many ways. The O'Farrell Government's environmental credibility has been forever undermined by its decision to let hunters loose in national parks. More than that, this arrogant and disrespectful act can only lead to the further destruction of public trust.
My friend was raped by a stranger at knife-point. When the police found the perpetrator she learned he had raped other women, and had murdered some of them. While he was being charged, she decided to opt out of the proceedings. She didn't believe prison would rehabilitate him, or aid her own survival.
'Might not the chief problem with Church language in the public square be that we tend to come from a position of moral superiority, approaching those dreadfully compromised politicians who will do anything to be elected? The abuse crisis reminds us that the Church is not irreproachable.' Text from Fr Frank Brennan's presentation at the Anglican Church of Australia's Public Affairs Commission Conference, November 2012.
What is to be done in the name of law and justice for the victims of abuse? Clearly the Church cannot be left alone to get its house in order. The State may have a role to play, but our elected politicians need assistance from lawyers committed to justice, not lawyers acting primarily to protect or condemn the Church.
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