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'Vicar' ously liable.The Courts have finally woken up.
A Judge has ruled that the Catholic Church can't pretend it isn't responsible for a priest when the priest abuses a child in his community.
Victorian Catholic diocese found vicariously liable for child sexual abuse in landmark ruling
Church’s argument that it was not responsible for the abuse was rejected and described as ‘affront to common sense’
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The church argued the priest who had committed the abuse was not a formal employee and so it could not be held liable for his actions. Photograph: Dave Hunt/AAP
Christopher Knaus
@knausc
Wed 5 Jan 2022 03.30 AEDT
Last modified on Wed 5 Jan 2022 03.32 AEDT
The Catholic church’s failed attempt to argue it was not responsible for a priest’s abuse of a five-year-old, because it took place during after-hours “social” visits, has been slammed as “ruthless” by the survivor and an “affront to common sense” by a judge.
In December 2021, the Victorian supreme court handed down a judgment finding the current diocese of Ballarat was vicariously liable for the abuse of the boy, who cannot be named, by Father Bryan Coffey in Port Fairy in the early 1970s.
The survivor’s lawyers, Ken Cush & Associates, say the ruling is a landmark win that will help countless other survivors.
Coffey abused the boy during pastoral care visits to his home on two occasions in 1971.
The critical issue in the case was whether Coffey, an assistant parish priest, could be considered a formal employee of the diocese at the time, thereby making it vicariously liable for his actions.
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Bid by Catholic church to stop child sexual abuse case rejected by NSW supreme court
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The church argued Coffey was not a formal employee and so it could not be held liable for his actions.
It also said Coffey’s home visits were “social outings” not connected to his work for the church.
The judge in the case, Justice Jack Forrest, described the suggestion as “sheer nonsense”.
“It is, in my view, both inconceivable and an affront to common sense to suggest (as the Diocese put it) that these visits to parishioners’ houses and [the survivor’s] home were unconnected with Coffey’s pastoral role within the Church and merely social outings separate to his role as an assistant priest,” he said.
The court found the abuse occurred and that the diocese was vicariously liable for Coffey’s actions.
Forrest found Coffey was not a formal employee of the church, given the absence of any formal employment contract or arrangement, and the lack of immediate control or supervision by the diocese of his work.
But it found the diocese was still vicariously liable for the abuse due to the close nature of relationship between the bishop, the diocese and the Catholic community in Port Fairy; the diocese’s general control over Coffey’s role and duties; and the fact that Coffey had a pastoral role in the town, which included home visits.
Victorian Catholic diocese found vicariously liable for child sexual abuse in landmark ruling
Church’s argument that it was not responsible for the abuse was rejected and described as ‘affront to common sense’www.theguardian.com
Another horrific story of child sex abuse.
This time it happened at the Footsrcay Football club in the 80's. Very ugly story. Certainly raises questions of accountability.
Adam's parents thought he was Footscray's water boy, but their shy little boy had entered 'perpetual hell'
When Adam Kneale was offered a chance to help out around the Footscray Football Club as an 11-year-old, he thought he was realising every kids' dream. Instead, he faced unimaginable trauma. WARNING: This story contains graphic descriptions of sexual abuse.www.abc.net.au
Terrible. But you have to ask why he kept 'volunteering' instead of just saying he didn't want to do it any more.
How did it happen indeed.Horrific story being broken regarding a child care worker who abused 91 children .
How did this happen ?
Former childcare worker from Gold Coast charged with more than 1,600 child sex offences
By Antonia O'Flaherty
Posted 4h ago4 hours ago, updated 2h ago2 hours ago
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The former childcare worker has been charged with 1,623 child abuse offences.
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A former childcare worker has been charged with 1,623 child abuse offences against 91 children, police have revealed.
Key points:
- The AFP says the offences occurred at childcare centres in Brisbane, Sydney and overseas
- Police will allege all offences were against pre-pubescent girls
- The AFP is "highly confident" all 87 Australian children involved have been identified
A Gold Coast man, 45, has been charged with 136 counts of rape and 110 counts of sexual intercourse with a child under 10.
An investigation involving the Australian Federal Police (AFP) as well as Queensland and New South Wales police led to the arrest of the man for offences committed in Brisbane, Sydney and overseas between 2007 and 2022.
He has been in custody in Queensland since August 2022 when the AFP arrested and charged him with two counts of making child exploitation material and one count of using a carriage service for child abuse material.
AFP Assistant Commissioner Justine Gough said the man recorded all offences on his phone and cameras and authorities are "highly confident" all children recorded in Australia have been identified.
"The process of identification took time, skill and determination," she said.
Former childcare worker charged with 1,623 child abuse offences against 91 children
The Gold Coast man, 45, has been charged with 136 counts of rape and 110 counts of sexual intercourse with a child under 10.www.abc.net.au
Another horrific story of child sex abuse.
This time it happened at the Footsrcay Football club in the 80's. Very ugly story. Certainly raises questions of accountability.
Adam's parents thought he was Footscray's water boy, but their shy little boy had entered 'perpetual hell'
When Adam Kneale was offered a chance to help out around the Footscray Football Club as an 11-year-old, he thought he was realising every kids' dream. Instead, he faced unimaginable trauma. WARNING: This story contains graphic descriptions of sexual abuse.www.abc.net.au
The chickens have well and truly come home to roost.
Western Bulldogs face a $6m plus payout on this case. The outcome opens up a horrendous set of potential outcomes.
1) There are already a number of similar cases pending with other AFL cubs. If this precedent stands than other clubs already face multi million dollar claims
2) The case will almost certainly bring out other people who have been abused and until now been either sent away or just stayed quite. Again the financial outcome will be horrendous for clubs and the AFL.
3) With this precedent the thousands of other children who had been abused in schools and other institutions are very likely to renew actions for recompense along the lines already delineated in this case.
Legal system 'earthquake' as AFL club to pay out $6m
Emily Woods
Thu, 9 November 2023 at 5:20 pm AEDT·4-min read
A multi-million dollar payout to a child sexual abuse survivor awarded against AFL club the Western Bulldogs has been hailed as a landmark day.
Adam Kneale, 51, took legal action against Footscray Football Club, now the Western Bulldogs, after he suffered abuse between 1984 and 1990 at the hands of fundraising volunteer Graeme Hobbs.
Following a four-week trial in Melbourne's Supreme Court, a jury of six on Thursday found the club was negligent.
View attachment 165541
The Bulldogs must pay almost $6 million to Adam Kneale who sued over his sexual abuse as a boy.
Jurors awarded $5,943,151 in damages, the highest amount given by a jury to an abuse survivor in Australia and the first against an AFL club.
The Bulldogs will also have to pay legal costs.
Mr Kneale's lawyer Michael Magazanik said the verdict would be "an earthquake for the legal system", particularly the jury's choice to award $3,250,000 for pain and suffering.
"This is a landmark day for all abuse survivors," he said.
"In bringing his claim, and getting the result that he got, Adam has changed the legal landscape."
Legal system 'earthquake' as AFL club to pay out $6m
A jury has awarded a child abuse survivor almost $6 million, finding the AFL's Western Bulldogs were negligent in giving a pedophile special access to the boy.au.news.yahoo.com
I read one report which said that the Club were not aware of any problems that the victim went straight to the Police.The chickens have well and truly come home to roost.
Western Bulldogs face a $6m plus payout on this case. The outcome opens up a horrendous set of potential outcomes.
1) There are already a number of similar cases pending with other AFL cubs. If this precedent stands than other clubs already face multi million dollar claims
2) The case will almost certainly bring out other people who have been abused and until now been either sent away or just stayed quite. Again the financial outcome will be horrendous for clubs and the AFL.
3) With this precedent the thousands of other children who had been abused in schools and other institutions are very likely to renew actions for recompense along the lines already delineated in this case.
Legal system 'earthquake' as AFL club to pay out $6m
Emily Woods
Thu, 9 November 2023 at 5:20 pm AEDT·4-min read
A multi-million dollar payout to a child sexual abuse survivor awarded against AFL club the Western Bulldogs has been hailed as a landmark day.
Adam Kneale, 51, took legal action against Footscray Football Club, now the Western Bulldogs, after he suffered abuse between 1984 and 1990 at the hands of fundraising volunteer Graeme Hobbs.
Following a four-week trial in Melbourne's Supreme Court, a jury of six on Thursday found the club was negligent.
View attachment 165541
The Bulldogs must pay almost $6 million to Adam Kneale who sued over his sexual abuse as a boy.
Jurors awarded $5,943,151 in damages, the highest amount given by a jury to an abuse survivor in Australia and the first against an AFL club.
The Bulldogs will also have to pay legal costs.
Mr Kneale's lawyer Michael Magazanik said the verdict would be "an earthquake for the legal system", particularly the jury's choice to award $3,250,000 for pain and suffering.
"This is a landmark day for all abuse survivors," he said.
"In bringing his claim, and getting the result that he got, Adam has changed the legal landscape."
Legal system 'earthquake' as AFL club to pay out $6m
A jury has awarded a child abuse survivor almost $6 million, finding the AFL's Western Bulldogs were negligent in giving a pedophile special access to the boy.au.news.yahoo.com
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