Pell’s failed appeal an opportunity for the Catholic Church
If it wasn’t already beforehand, there should be little doubt left that the Catholic Church is well and truly on notice. Now, they owe it to survivors to heed that message, once and for all, writes Michelle James.
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Today’s decision by the Victorian Court of Appeal to uphold the conviction of Cardinal George Pell has delivered much-needed justice at long last for those abused by Cardinal Pell and for their families.
It’s a decision that will no doubt send shockwaves around the world and one that goes to the very top of the Catholic Church. It also speaks volumes of the incredible bravery of those who brought this very hard-fought case, with the significance of today’s decision impossible to understate.
For me, however, this decision is particularly momentous for the many hundreds of abuse survivors from right around the world, most notably those abused by members of the Catholic Church.
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I have acted for countless clients who suffered appalling sexual, physical and psychological abuse at the hands of Catholic Church priests, clergymen and nuns. For many, it has taken decades to come forward to speak out about the horrors that plagued them as children. I have no doubt that there are just as many still yet to tell their stories.
For those who did speak out, the path for almost all of them has been anything but fair and just. Many were silenced or outright not believed. Many fought on anyway, only to encounter countless stonewalling from the Catholic Church or be forced to accept paltry settlements that went nowhere near close to properly compensating for the harm caused.
And some could no longer keep fighting, with the might of the Church and its vast wealth and resources proving too much.
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Which is why today’s Court of Appeal decision, and the incredible bravery shown by those who pushed this case all the way, will serve as a lightning rod to so many – a truly pivotal moment that will give a great number of abuse survivors hope.
It is a hope however, that risks being quickly diminished if the Catholic Church too does not equally treat this decision with the significance it warrants, and to match that significance with action.
Today’s decision provides once more an opportunity for the Church to show that it does at last accept the extent of the harm caused to abuse survivors, both here in Australia and more widely.
It is an opportunity too for the Church to show that it is genuine in its commitment to do the right thing by survivors of abuse.
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Those efforts could start with a proper attempt to ensure that the Catholic Church legitimately joins the National Redress Scheme instead of the piecemeal approach that has been taken so far where the Church’s own internal dysfunction has continued to allow some Dioceses and Orders to get away with not joining the scheme to date.
It could start also with the Church acknowledging that its deeply entrenched opposition to lifting the seal of the confession to report admissions of abuse is utterly unacceptable – not only to abuse survivors but to the broader public, many of whom struggle to accept the Church’s logic that it is somehow above the law in not being held to the same standards as every other profession when it comes to the reporting of child abuse.
And it must certainly extend to the Catholic Church’s conduct with respect to the acceptance and processing of legal claims brought by survivors seeking justice and redress for harm caused.
For decades now the Church has gone out of its way to make what is arguably an already incredibly difficult process significantly worse for survivors, throwing up constant legal challenges, delays and road blocks in the path to justice.
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Such behaviour, which goes against the very principles of compassion and common decency, cannot be allowed to continue.
If it wasn’t already beforehand, following numerous inquiries and Royal Commissions, then there should be little doubt after today that the Catholic Church is now well and truly on notice that abuse survivors must and will continue the fight against the wrongs of the past.
And the Church owes it to those survivors to heed that message, once and for all.
Michelle James is the National head of Abuse Law at Maurice Blackburn Lawyers.
Originally published as Pell’s failed appeal an opportunity for the Catholic Church