Hope For Historic Sexual Abuse Victims In Major High Court Decision
Yesterday was a major victory for Australian historical sexual abuse victims. The High Court of Australia made a landmark decision in the case of GLJ v the Trustees of the Roman Catholic Church for the Diocese of Lismore. As a result, fair compensation is more likely for survivors of abuse.
This result has overturned the ruling that the Church can use “permanent stay” to prevent victims of abuse from seeking compensation. David Shoebridge, Greens Senator for NSW and Justice Spokesperson, stated:
“Institutions that have protected paedophile priests for years should not be able to use this as a reason to not face survivors in court. It’s now time to unfreeze all cases where survivors of abuse are affected by unfair and oppressive permanent stays.”
High Court and permanent stay on Historical Sexual Abuse Victims case
It was the first time that the High Court had considered the principles of permanent stay for historical abuse claims. Often, in these cases, the long period that has passed since the crime can pose problems for the victim accessing justice. For example, there might not be any direct evidence or the guilty person might have died.
What is a permanent stay?
A permanent stay operates to benefit the defendant only. It allows for continuing immunity from prosecution. A permanent stay is for “extreme cases”.
In most cases, there must be “a fundamental defect that goes to the root of the trial of such a nature that nothing a trial judge can do in the conduct of the trial can relieve against it’s unfair consequences.” (Dupas v R (2010) 241 CLR 237)
What happened in GLJ v the Trustees of the Roman Catholic Church for the Diocese of Lismore?
In 1968, GLJ was a victim of a violent sexual assault at the hands of Father Clarence Anderson. She was only 14 at the time. Anderson was a priest of the Roman Catholic Church, and he died in 1996.
On 31 January 2020, the victim commenced proceedings against the Diocese of Lismore. As a result, the Diocese filed a Notice of Motion in November to seek a permanent stay of the proceedings.
However, Justice Campbell refused to grant a permanent stay and dismissed the Notice of Motion. In response, the Diocese then sought leave to appeal the order of the Supreme Court. However, the Court of Appeal then overturned the decision.
The Court of Appeal said that even though there was evidence which signalled Anderson’s alleged sexual abuse of young boys, there were exceptional circumstances in this case. Namely, it being a once-off assault against a young female. They said this meant they can use a permanent stay.
GLJ and the battle against permanent stay on historical sexual abuse victims
However, GLJ was not giving up. Next, the plaintiff filed an application for special leave to appeal in the High Court of Australia.
They explained that The Court of Appeal made an error in how they measured the significance of Anderson’s death. GLJ said the Diocese can defend itself against these allegations, despite the lack of Father Anderson’s direction.
In response, the Diocese explained that Anderson had no chance of receiving a fair trial. They said this was because Father Anderson could not make a statement or reply to questioning.
Slater and Gordon Associate in Abuse Law, Selva Dankha, stated:
“A permanent stay ignores the fact that adult claimants were once vulnerable young children, who believed the threats of their abusers and who never dared to report the abuse.” Adding:
“These abuse claims are historical, we have to accept that it takes decades for a victim of child abuse to come forth with their story, and with that we must not be surprised if perpetrators of abuse are now deceased.”
Read our full legal summary of the case – written by one of our top civil lawyers, Sarah Walsh.
If you, or someone you know, experienced historical abuse, it is important to seek legal advice and support. Our law firm has experience in handling such cases and we can help guide you through the legal process. We’ll ensure that you understand your rights, and provide you with the support you need to seek justice. Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office.
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The Case of Martin and Historical Child Sexual Abuse by Church
Client awarded compensation for child abuse claims
Civil Claims for Sexual Assault, Battery and Child Sexual Abuse
Nicole Byrne
Content Creator | Media Coordinator
O'Brien Criminal & Civil Solicitors
www.obriensolicitors.com.au
