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  Uniform Approach Needed to Abuse Issue

By Paul Osborne
Sydney Morning Herald
June 19, 2009

http://news.smh.com.au/breaking-news-national/uniform-approach-needed-to-abuse-issue-20090619-cnn9.html

Anglican leader Archbishop Phillip Aspinall has called on all states to make it easier for child sexual abuse victims to sue churches.

Archbishop Aspinall's call comes in the wake of an independent report commissioned by his church which found it took on average 23 years for a victim of sexual abuse to report their abuse.

All states set a time limit, known as the statute of limitations, for abuse victims to bring their cases to court.

In Queensland, this requires a victim to launch legal action by the time they turn 21, but other states take a different approach.

Archbishop Aspinall said it was time for a uniform national approach to the issue, with all states moving at least in line with NSW and Victoria which have the longest period available.

He has written to all Australia's heads of churches asking for their support.

"Given what we've learned about child sexual abuse in the last few years, I think it is a discussion which could well be had nationally to see if we can do better to provide for those people," Archbishop Aspinall said.

"I believe some relaxation in the statute of limitations is warranted.

"Queensland has the strictest regime in Australia, along with the Northern Territory."

The Queensland government has previously rejected a change to the statute of limitations, arguing it would be unfair to defendants and that there was sufficient flexibility in the courts to deal with any problems.

Archbishop Aspinall said that his Brisbane diocese had provided compensation to "dozens" of victims over the past five years who either lost their court cases or did not claim in time.

"We have a responsibility to the victims," he said.

"At another level there are constraints. The church's supply of money isn't endless and in terms of healing and care for victims, no amount of money is going to take away the hurt and pain caused by child sexual abuse.

"We have to do what we can to assist them in a way which is fair, but is fair in relationship to everyone else we are trying to help as well."

Meanwhile, the Brisbane diocese's annual synod - a "parliament" of 400 clergy and lay people - will this weekend debate a motion calling for the church to stop invoking the statute of limitations in abuse cases.

The motion says that the legal defence causes "great injustice to victims of child sexual abuse by preventing them bringing cases, whether they have merit or not".

While Archbishop Aspinall declined to back the motion in its current wording, he said the debate was worthwhile.

 
 

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