Sexual abuse cases in the Congregation of Christian Brothers: Difference between revisions

The sexual abuse scandal in the Congregation of Christian Brothers is a major chapter in the series of Catholic sex abuse cases in various Western jurisdictions.

In Australia, there were allegations that during the 1970s sexual abuses took place at the junior campus of St Patrick's College and St Alipius Primary School in Ballarat, Victoria. After investigation, Brothers Robert Best, Edward Dowlan and Stephen Francis Farrell were all convicted of sex crimes. Dowlan and Best were later transferred to the senior campus, and continued to offend.^[1] "Four of the school's brothers and their chaplain, Gerald Ridsdale, were accused of sexually assaulting children — all but one, who died before charges could be laid, have been convicted."^[2][3]

Robert Best taught at Catholic primary and secondary schools in Ballarat, Box Hill, and Geelong (all in Victoria, Australia) between the 1960s and 1980s. He was convicted by a jury after pleading guilty to more than 40 child sex offences against dozens of students, some as young as eight years old.^[4] Robert Best was sentenced to fourteen years and nine months jail on August 8, 2011.

The Commissioners found that in one instance a complaint was made to a Brother Nangle about Brother Dowlan's  putting his hands down students’ pants : a student was required to apologise to the school assembly for “spreading lies”.^[5] (Dowlan was later jailed for multiple instances of sexual abuse.^[6]) Dowlan (Ted Bales) pleaded guilty to 33 counts of indecently assaulting boys under the age of 16 and one count of gross indecency between 1971 and 1986.^[7] The judge found that he had preyed on vulnerable boys as young as eight years old over a 14-year period at six different schools from the first year he became a Christian Brother in 1971. Dowlan has been jailed twice, first in 1996 for six-and-a-half years and then again in 2015.^[6]Blair Smith had been one of the first detectives to properly investigate Christian Brother abuse in Victoria, his work in the early 1990s leading to the conviction of Edward Dowlan.^[8] The Royal Commission also found that the Christian Brothers spent almost $1.5 Million defending Best, Dowlan, and Farrell.^[9]

The Royal Commission into Institutional Responses to Child Sexual Abuse found that Gerald Leo Fitzgerald, a Christian Brother, was moved to new locations with continued access to children after abuse allegations had been made.^[10] One victim described the type of behaviour of Fitzgerald to the Commission: "...Brother Fitzgerald was his grade 3 teacher in 1974. He said that at the end of school every Friday Brother Fitzgerald would line up his students and kiss them goodbye. He kissed some with his tongue." He died in 1987 before any charges were laid against him.

Minutes of the meeting of the Christian Brothers Provincials with their lawyers on 7 December 1993 showed that the meeting was not focused on settling the proceedings: the concern was the cost, and there was no sentiment of recognising the suffering of the survivors.^[11] In May 2013, the Christian Brothers admitted to Victoria's parliamentary inquiry into child abuse that they did what they could to defend order members accused of sexual assault against children.^[12]

During the 2016 Royal Commission into Institutional Responses to Child Sexual Abuse in Ballarat it was found that 853 children were sexually abused by one or more Christian Brothers with the average age of 13.^[13] 281 Christian Brothers have had abuse complaints substantiated, and the Christian Brothers have paid $37.3 million in compensation.^[14] During the Ballarat Case Study of the Royal Commission it was found that Glynis McNeight, a private investigator, was paid by the Christian Brothers (through a retained law firm) to investigate two individuals who had alleged having been sexually abused by Brother Edward Dowlan.^[15][16] McNeight's report was tabled^[17] which contained a strategy to manipulate witnesses such as a victim could "easily be torn down in the witness box" and "The person himself is a very nervous, excitable type who will reduce to tears and bad language easily".^[18] It was also shown that the Christian Brothers knew of abuse at the hands of Brothers but did not tell police^[19] and spent almost $1.5 million defending paedophile Brothers Robert Best, Edward Dowlan and Stephen Farrell.^[20]

The Christian Brothers in Canada more than 300 former pupils alleged physical and sexual abuse at the Mount Cashel Orphanage in Newfoundland. When allegations of physical and sexual abuse started to surface in the late 1980s, the government, police and local church leaders conspired in an unsuccessful cover-up. In Ontario in January 1993 the Christian Brothers reached a financial settlement totaling $23 million with 700 former students who alleged abuse.^[21]

Allegations of sexual abuse at Mount Cashel Boys Home orphanage in Newfoundland (Canada) led to a royal commission, (The Hughes Inquiry) and further investigations followed into allegations at other institutions across Canada.

In Ireland, during the latter part of the 20th century, corporal punishment was casual, frequent and brutal in Artane Industrial School, which was run by Christian Brothers.^[22] Artane's staff included a number of Brothers who had been warned for “embracing and fondling” boys. Accused Brothers were excused, lightly admonished or, typically, moved to other institutions.

In Ireland in March 1998, the Congregation of the Christian Brothers published half-page advertisements in newspapers apologizing to former pupils who had been ill-treated whilst in their care. The advertising campaign expressed "deep regret" on behalf of the Christian Brothers and listed telephone lines which former pupils could ring if they needed help.^[23]

Commission to Inquire into Child Abuse

In the Irish Commission to Inquire into Child Abuse's five-volume report of its investigation of systemic abuse of children in Ireland, the Congregation of Christian Brothers, which was the largest provider of residential care for boys in the country, received more allegations of abuse than all of the other male religious orders combined.^[24] Artane was the largest industrial school. The Commission to Inquire into Child Abuse found that Artane was under-staffed by a small number of largely inexperienced and untrained Brothers.^[25]

In 2003, the order took legal action against the Commission to Inquire into Child Abuse, to prevent the Commission from naming deceased brothers and brothers who were too old to competently defend themselves. The High Court rejected the challenge, but did stipulate that the Commission must take into account the corroboration of accusations and the testing of witness evidence, and to allow the representatives of deceased brothers to cross-examine witnesses.^[26] However, Justice Seán Ryan later overruled this when he took over the commission, and declared that individual perpetrators of abuse would not be named unless they had already been convicted ^[27]

The congregation issued a statement saying ""The Christian Brothers accept, with shame, the findings of the Commission to Inquire into Child Abuse ... The congregation is deeply sorry for the hurt we have caused - not just for the mistakes of the past, but for the inadequacy of our responses over recent years." ^[28]

Financial settlements

In late November 2009 the organization announced they would supply a €161 million (£145 million sterling) package as part of reparations for child abuse in Ireland.^[29] This includes a donation of €30 million to a government trust and €4 million donated to provide counselling services.^[30] Playing fields owned by the organisation and valued at €127 million would be transferred to joint ownership of the government and the trust that runs former Christian Brothers schools.^[29]

In 1998, a member of the Congregation of Christian Brothers was arrested for indecent solicitation of a minor.^[31]

In 2011, the North American chapter of the Congregation of Christian Brothers filed for Chapter 11 bankruptcy due to the financial burden caused by sex abuse lawsuits. The North American Province includes brothers in the United States and Canada. The majority of the claims were regarding the now-defunct Briscoe Memorial School, an orphanage and boarding school in Kent, Washington jointly run by the Archdiocese of Seattle and the Christian Brothers.^[32]

In 2013, the North American chapter agreed to pay approximately $16.5 million in damages to more than 400 men and women who were sexually or physically abused as children by members of the order. Between 2006 and 2011, the order had already paid approximately 25.6 million to victims in 50 abuse cases.^[33]

In December 2012, the Christian Brothers school St Ambrose College, Altrincham, Greater Manchester, was implicated in a child sex abuse case. A former lay teacher was convicted of nineteen counts of sexual assault occurring between 1972 and 1991.^[34]

In 2016, an ex-pupil of St Aidan's Christian Brothers school in Sunderland was paid £17,000 compensation after claiming two members of the Christian Brothers abused him at school in 1960s.^[35]

In 2016 two former Christian Brothers were sent to prison for the both sexual and physical abuse. John Farrell the former Headmaster of St Ninian's Falkland received 5 years and Paul Kelly ten years.

• Audits, Child And Youth Protection; US Conference of Catholic Bishops
• Charter For The Protection Of Children And Young People; US Conference of Catholic Bishops
• Child And Youth Protection; US Conference of Catholic Bishops
• National Review Board, Child And Youth Protection; US Conference of Catholic Bishops
• Safe Environment, Child And Youth Protection; US Conference of Catholic Bishops
• Victim Assistance, Child And Youth Protection; US Conference of Catholic Bishops