Two Soldiers arrested over Afghanistan child abuse claims

UK troops arrested over Afghanistan child abuse claims

Soldier on patrol The Ministry of Defence said it takes abuse allegations “extremely seriously”

Military police are investigating allegations of child abuse by two British soldiers in Afghanistan.

The Sun newspaper said the separate incidents were filmed and shown to colleagues on laptop computers.

The Ministry of Defence said it took such claims “seriously” and the Royal Military Police were investigating.

The BBC understands that the two soldiers do not belong to the Mercian battle group as was originally reported by the MoD.

The army is not willing to name their unit.

“We are aware that an allegation has been made concerning alleged inappropriate behaviour by two servicemen in Afghanistan,” said a spokeswoman.

“The Royal Military Police (Special Investigations Branch) has launched an investigation into this. We take any such allegation extremely seriously.”

BBC News Link

“If a service member is found to have committed an offence, or behaved in a manner not in keeping with the appropriate moral standards expected of them, they will be dealt with appropriately through the respective nation’s military judicial system.”

We have been approached before by victims of assault by soldiers. 

Those victims may have rise to a civil claim for damages/compensation.  If the assault occurred outside of Britain and was by a British Soldier, it can still be pursued under the English jurisdiction.

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Queen Mary 2 and Queen Elizabeth child abuse claims investigated

Police are investigating allegations that children were abused by a worker on two luxury Cunard cruise ships.

The unnamed man from Wiltshire no longer works for the company, a spokeswoman for Wiltshire Police said.

The abuse is alleged to have happened on the Southampton-based Queen Mary 2 and the Queen Elizabeth over five years, the Mail on Sunday reported.

A Cunard spokesman said it was co-operating fully with the police inquiry.

It said in a statement: “We are deeply shocked by these allegations as the safety and wellbeing of our customers is of paramount importance to us.

“A thorough police investigation is under way which we are supporting and co-operating with fully.

“And we are working closely with the NSPCC to ensure that affected families and children are cared for and offered appropriate support.”

At this moment in time the amount of children who have made allegations is unknown.

The children who make such allegations may have rise to a civil claim for damages/compensation.  They will have to act soon as age dependant they may face time restrictions under the Limitation Act 1980 if they leave their claims too long.

BBC News Link

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Monk jailed for abuse at Downside School

Monk jailed for abusing two boys at Somerset school

Richard David White
Richard David White taught at Downside School in the 1980s
A monk who taught at a Roman Catholic school in Somerset has been jailed for five years for child sex offences.

Richard David White, 66, pleaded guilty to five counts of indecent assault and two of gross indecency with a boy at a previous hearing last November.

He asked that four offences against another boy, who has never complained to police, also be taken into account.

White, of Hyde, Fordingbridge, Hampshire was sentenced at Taunton Crown Court.

The offences took place in the 1980s when he taught at Downside School in Stratton-on-the-Fosse.

The court heard that White was warned about his behaviour after molesting one 12-year-old boy but, instead of being reported to police, the Benedictine abbot of the monastery, which is attached to the school, simply prevented him from teaching younger students.

He went on to indecently assault a second boy – the one he was charged with assaulting – over the course of several months while he was aged 12 and 13.

‘Truly sorry’

Sentencing White, Judge Graham Hume Jones said: “You targeted this complainant and took advantage of his interest in old books and maps, you gave him access to the monastery library which is not normally open to pupils to indulge in your own sexual gratification.”

White groomed the victim by giving him small sums of money.

The judge said he acknowledged there was no evidence to show he committed any further offences beyond 1989.

One of his victims who attended court said it was an “appropriate” sentence and would highlight to Downside School “the risks of religious orders running educational establishments without the necessary safety nets”.

He called for an apology from the Roman Catholic Church which runs the school.

The Abbott for Downside School said: “Our first thoughts are for those who were abused as children.

“Being conscious that the care of children is our paramount concern as educators, we are truly sorry that any child should have been abused at Downside.”

He added that White has lived under restrictions since 1998 and has been withdrawn from active ministry.

http://www.bbc.co.uk/news/uk-england-somerset-16397016

Those who were abused by Richard White may have rise to a civil claim for damages.

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JGE -v- The English Province of Our Lady of Charity and The Trustees of the Portsmouth Roman Catholic Diocesan Trust

Further to our blog post on the 17 November 2011, the judgment for the above case is now available on the Judiciary website.

It makes for an interesting and enlightening read.  It is considered that this judgment will assist Claimant solicitors in establishing vicarious liability between an office holder and the Diocese/Bishop/Dean.

http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/jge-judgment.pdf

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High Court rules that the Catholic Church are liable over priests

The High Court has ruled the Roman Catholic Church can be held liable for the wrongdoings of its priests. This is a decision that is welcomed by Claimant Solicitors as it does not allow for the Catholic Church to hide behind curtains and evade liability.

Mr Justice MacDuff gave a decision in favour of a woman, who claims she was sexually assaulted as a child by a priest of the Portsmouth Diocese.

The woman, now aged 47, alleges she was abused by the late Father Wilfred Baldwin at a Hampshire children’s home.

The judge said the Portsmouth Diocese “may be vicariously liable” for Father Baldwin’s alleged wrongdoings.

It is the first time a court had been asked to rule on whether the “relationship between a Catholic priest and his bishop is akin to an employment relationship”.

The NSPCC has welcomed the ruling and said it will look closely at the wider implications.

Jon Brown, from the children’s charity, said: “All organisations that work with children have a clear responsibility to ensure their safety. Religious organisations are no different.

“This is a ruling in favour of children and rightly places the responsibility on the Church to ensure that they select and monitor priests carefully and have robust procedures in place to take steps to protect children when there are concerns.”

The Church had claimed it could not be held vicariously responsible because there was no formal employment relationship with its priests.  The formailities of a contract and contract law have in the past enabled the Church to evade liability and pass the onus on to the individual.

But Mr Justice Macduff decided the professional relationship between a priest and his bishop was sufficiently close so as to impose responsibility. A decision we agree with.  The implementation of a role, the Church attire provided, and often a residence and monies for food are supplied by the Church for Office Holders is sufficient to show a professinal relationship between the parties.

The woman claims she was sexually abused and raped by Father Baldwin, who died in 2006, when she was resident at the home in the 1970s.

Lord Faulks QC, for the defendants, said the Catholic Church “takes sexual abuse extremely seriously and it is entirely concerned to eradicate it”.

The hearing to determine the Church’s responsibility took place in July, but judgment was withheld.

The trustees of the Portsmouth Roman Catholic Diocesan Trust were given leave to appeal.

A statement issued by the Roman Catholic Diocese of Portsmouth said: “The diocese is committed to creating a safe environment for all.

“By adopting the Catholic Church’s national safeguarding policies and procedures, and through its safeguarding commission, the Diocese of Portsmouth works hard to ensure the welfare of children and vulnerable individuals within the diocese.

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Haut de la Garenne

Both the BBC and ITV have covered the Haut de la Garenne victims’ fight for justice.

To quote from the report filed by the BBC:

“A group of former residents of the Haut de la Garenne children’s home are suing the Jersey government at the High Court in London. They are seeking compensation over abuse at the home and say the States has taken too long to agree a deal.

 Their lawyers believe the High Court can hear the case and it is the only way they will get redress.

 The States said such cases had to be heard in Jersey’s courts and it was dealing with compensation claims.

 The compensation claims follow an inquiry, between 2007 and 2010, into historical abuse at the island’s children’s homes.

The report goes on to quote me:

 “Not only must justice be done, it must be seen to be done,” 

 ”For them, that means taking proceedings to the High Court in London, they feel that is the only opportunity they now have to be recognised and to be compensated.”

 Jersey’s Chief Minister, Senator Terry Le Sueur, insisted a system for compensation claims had been set up and the “process is ongoing”.

 ”[However] the States of Jersey is not aware of any moves to bring action in the English High Court in relation to claims for compensation made in relation to the inquiry,” he said.

 ”In any event, the English Courts have no jurisdiction to entertain an action for damages against the States of Jersey that relate to events that are said to have occurred in Jersey, and any such claim would need to be made through the island’s separate and independent judicial system.”

But Mr Collins disagreed and said: “The High Court in London is well used and has many years of experience of dealing with cases of this nature, I am unaware of any such case being tried in the Jersey court.”

 One victim, a woman who spent several years at Haut de la Garenne in the 1970s, said she was forced to have sex with a member of staff up to five times a week.

 She said no one at the home seemed to notice or care and now feels the Jersey authorities are deliberately delaying dealing with compensation claims.

 ”They think if they ignore it for long enough, it will go away but it won’t not this time, there are too many people, there’s too much come out,” she said.

 ”The only thing they’ll understand is when, if necessary, we all stand up in a court and say ‘Look this is what you did, this wasn’t our fault, we were kids, we were wards of court, you had a duty of care, simple’

The BBC‘s Sancha Berg covered the story on the “Today” programme on 30th October. To listen to the piece click on the following link:

 http://www.bbc.co.uk/news/world-europe-jersey-15488518

On the following Monday (2nd November) I understand that Senator Terry Le Sueur announced that proposals to compensate the victims were now going to be presented to them. According to the BBC:

Senator Terry Le Sueur told the States that despite delays, they were now ready to begin settling claims.

He said that any barriers causing delays had been removed.

Senator Le Sueur said: “During the delay the States’ lawyers met with the claimants’ representatives and assured them that as soon as the claims could be progressed the States’ lawyers would be in contact.

“States’ lawyers are now able to meet the claimants representatives to explain the agreed framework and the assessment of claims may begin”.

The victims are still waiting…

Alan Collins

0044 (0)2392492472

alc@verisona.com

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Haut de la Garenne – Press Release

Proceedings have been issued in the High Court in London against the States of Jersey in relation to the claims for compensation that are being pursued by the victims of alleged physical and sexual abuse at the Jersey children’s home, Haut De La Garenne.

Alan Collins, Solicitor-Advocate of Hampshire solicitors, Verisona, who act for 38 victims, said today:

“Proceedings have been issued because, in spite of assurances from the States of Jersey that there would be an attempt to address the victims’ claims outside the adversarial process, no proposals have been forthcoming and as far as I am concerned, no serious attempt at dialogue let alone negotiation has been made by the States of Jersey.

“The victims’ cases have been treading water for far too long. Many have had to give evidence in criminal proceedings which has resulted in abusers being convicted. This was a harrowing experience. They have shown great fortitude and patience with the States of Jersey, and so they can be forgiven for concluding, given the complete failure to attempt to resolve the claims on its part, that enough is enough. Let’s get the case before the court and allow the judge to decide whether we should be compensated”.

Mr. Collins explained that proceedings will be issued on a case by case basis. Damages are being sought for the pain and suffering arising from the physical and sexual abuse sustained whilst the clients resided at Haut de la Garenne. Many were abused by members of staff (some of whom have been convicted). He argues that the States as the employers are legally responsible for the abuse committed by the staff, and as a consequence, should compensate the victims.

For further information on the above press release please contact either Alan Collins on 023 9249 2472.

You can read the BBC report by clicking here.

Listen to Alan Collins interview on ITV News here.

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Sexual abuse allegations in Australian defence force

Three former members told ABC’s  “Four Corners” programme that they were either beaten or sexually assaulted and then urged to keep quiet.

One was a former naval cadet who described being raped as a 17-year-old by three male cadets and said she was told by investigators to lie on tape by stating that the sex was consensual.

The review into sexual abuse in the Australian military received such a high volume of complaints that it is being extended.

The government asked a law firm to begin a review following a sex scandal at an Australian defence academy.

The Australian defence minister said investigators were dealing with more than 1,000 allegations of abuse.

Investigations began after two cadets from the Australian Defence Force Academy were accused of secretly filming a female cadet having sex and broadcasting it on the internet.

They have now been charged in connection with the incident, which raised questions about the treatment of women within the Australian defence establishment.

For more on this story and up-dates go to:

 www.bbc.co.uk/news

 and

 http://www.abc.net.au/lateline/content/2011/s3242875.htm

 Alan Collins

 alc@verisona.com

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One small step for the Church but a giant step for humanity

Whether you are a victim of sexual abuse in England or in Australia the biggest hurdle that you have to overcome in the fight for justice is the law on limitation.

In simple terms in England and the Australian states there are laws which prohibit the bringing of so-called stale claims. When the parliamentarians were making these laws they probably never thought about victims of abuse, let alone the fact that by the very nature of the injuries suffered would never think about making a claim until many years later. Consequently victims’ lawyers have to work very hard to get round these difficult  and seemingly unjust laws.

In my experience defendants invariable raise limitation as a defence regardless of the merits, and so it seems a great shaft of light is with us now that  the Anglican Church in Brisbane has resolved to negotiate a protocol for waiving the time limit blocking child sex abuse victims from suing.

A motion calling for the church to stop invoking the statute, which is 21 years in Queensland, was debated at the Brisbane diocese annual Synod reported The Age, but did not pass.

However, an amended motion was passed as follows:

“(Synod resolved to) Ask the archbishop and council to continue its ethical lead by undertaking negotiations with the diocesan insurers to establish a protocol for dealing with claims by victims of child sex abuse when the diocese considers it appropriate not to invoke the time limitation defence without losing indemnity from our insurers,” the motion read.

A church spokesman told The Age that the synod, a parliament of 400 clergy and lay people, backed continuing discussion of the issue.

“We’ll be writing to our insurers and saying we want to meet with you to formulate an agreement that allows us to instruct you to waive the provision of the stature where it’s appropriate,” he said.

The synod also supported continued lobbying by Anglican leader Archbishop Phillip Aspinall for a uniform national statute of at least 37 years, the current level in NSW, Victoria and Tasmania.

“We’ve written to all national heads of churches to ask them to join us in appealing for unity,” the church spokesman said.

“We want victims of sexual abuse to be treated fairly and we don’t think the current statute of limitations does that.

“We want to make sure that if people want to sue us through the court system the statute of limitations is not going to be an impediment … but there are cases where the statute of limitations is actually quite valid.”

Whilst the last sentence is unwelcome, because I struggle to see why the “statute of limitations” could ever be valid in a sexual abuse case, the approach being adopted is more than welcome. One small step for the Church but a giant step for humanity.

If you have been sexual abused and want confidential legal advice please contact me.

Alan Collins

alc@verisona.com

Or you can contact my colleague Charles Derham

crd@verisona.com

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Rowing back from reporting sexual abuse?

Is the Anglican Church going to change tack and not report all allegations of sexual abuse to the police?

It has been reported in The Australian that Anglican Primate Phillip Aspinall has given personal support to the two Catholic Church leaders in the eye of the Hepworth sexual abuse affair, urging people not to rush to judgment over what happened to the future archbishop or the handling of the case

The Australian reports that Dr Aspinall praised the Catholic Archbishop of Adelaide, Philip Wilson, as “one of the church leaders in the country most educated” in dealing with sex abuse complaints, while archdiocese vicar-general David Cappo was “deeply understanding” of victims’ needs.

The report goes on to say that it has been revealed that Dr Aspinall had commissioned a review into the policy he had developed in Brisbane to report all sexual abuse complaints against Anglican clergy and church staff to police, regardless of the complainant’s wishes or any time lapse.

Dr Aspinall emphasised that he could not comment on the Catholic hierarchy’s management of the complaint by Archbishop John Hepworth of the breakaway Traditional Anglican Communion that he suffered systematic sexual abuse for more than a decade at the hands of Catholic clergy in Adelaide and Melbourne, forcing him to flee the priesthood.

The Anglican Primate told The Australian he knew Archbishop Wilson and Monsignor Cappo and had great respect for both.

“You know, I think there are two sides to the story,” he said.

“And I recognise the restrictions on some of the people in authority in churches about being able to tell what they know.”

The unresolved response of the Catholic archdiocese in Adelaide has been contrasted unfavourably with that of Melbourne’s, which handles sex abuse claims differently to the rest of the church in Australia.

It dealt with Archbishop Hepworth’s complaint within a year, apologised, offered a financial settlement and acknowledged he had been sexually abused by late Catholic priest Ronald Pickering and in “many other instances” by clergy in South Australia.

Archbishop Hepworth according to The Australian says he told Monsignor Cappo of his ordeal four years ago, but the archdiocese disputes that he requested a church probe in 2008. This began in February this year, as the Melbourne archdiocese was approaching its settlement with Archbishop Hepworth, reached in August.

I mentioned last week in my blog that independent South Australian senator Nick Xenophon subsequently used parliamentary privilege to name serving Adelaide priest Monsignor Ian Dempsey as the only survivor of the trio alleged to have raped and sexually abused Archbishop Hepworth between 1960 and 1972 in Adelaide and Melbourne. Monsignor Dempsey has rejected the claim he was involved in any abuse.

The Australian further reports that Dr Aspinall said he was “very slow to judge other churches”, having had extensive experience in dealing with sex abuse complaints against clergy and church workers, including the claimed cover-ups in Queensland in the 1990s that caught up with his predecessor as archbishop of Brisbane, Peter Hollingworth, and forced him to quit his post as governor-general in 2003.

“I know when you are dealing with any abused person how much pain and trauma this causes to people,” Dr Aspinall said.

“And I know I have done my utmost . . . to make sure that we do the right thing by people.

“And I know how often we still disappoint people, and seem unintentionally to exacerbate their hurt.

“Sometimes what we try to do is misunderstood and misinterpreted because there is a lack of trust there, which I understand.

“Sometimes what is recorded is to my mind not accurate it doesn’t fully reflect what I know we have bent over backwards to try to do, and I am restricted in what I can say about the particular circumstances because of the need to protect the privacy of the person.

“So it just makes me pause when I hear stories of other churches, and particularly about people whom I know personally and have great respect.”

The Catholic archdiocese in Adelaide has said Archbishop Hepworth was encouraged over a “significant period of time” to take his complaint to the police.

Archbishop Hepworth says he has spoken to the police three times since this newspaper broke the story of his ordeal, but the South Australia police would not say last week if this meant a criminal probe.

Surely all allegations of sexual abuse should be reported to the police? If the complainant subsequently prefers for charges not be brought then so be it. That is a matter for them and the police. Experience has shown me that victims are to put it mildly are very nervous of reporting the abuse in the first place and should be shown and given support to follow through. It is not in my opinion for the church or any other organisation to decide what should and should not be reported to the police. That is a recipe for brushing serious criminal offences under the carpet. I hope that the Anglican church does not recoil from its policy of reporting all crime to the police.

If you have been abused and would like to me Alan Collins or my colleague Charles Derham please contact us in confidence.

Alan Collins

alc@verisona.com

Charles Derham

crd@verisona.com

(0) 2392492472

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