Sex abuse victim Jennifer Herrick seeking damages from former parish priest

By Lorna Knowles
ABC News
August 10, 2014

http://www.abc.net.au/news/2014-08-07/sex-abuse-victim-seeking-damages-from-former-parish-priest/5656326

Jennifer Herrick is fighting against the Catholic Church's use of the 'Ellis defence' in sexual abuse cases.

A disabled woman has begun a legal case against her former parish priest for sexually abusing her over a 14-year period.

Jennifer Herrick is seeking aggravated damages from Father Tom Knowles and three senior members of his Catholic Church order, the Blessed Sacrament Fathers.

Ms Herrick says Father Knowles repeatedly exploited her vulnerability as a disabled and sexually naive parishioner.

In June, Ms Herrick spoke exclusively to the ABC about how the church was using the controversial Ellis defence to fight her claim.

Today, she took the long train ride from her home on the NSW Central Coast to Sydney for the first day of her hearing in the Supreme Court.

"It felt surreal in some ways, when you'd had a close knowledge of someone that was so betrayed, as I'd had, to then be in a courtroom discussing that same person it's not a normal circumstance and it's very difficult," Ms Herrick told the ABC outside the court.

She sat silently in court as a church barrister described her claims as excessive.

"I was really affronted by that term, it was insulting and I thought frivolous on his part to something that's extremely serious," she said.

Ms Herrick is seeking aggravated and punitive damages from Father Knowles and three senior members of his order. They include the provincial leader, Father Graeme Duro, Father Pat Negri and Father James Dekker.

Her lawyers argue Father Knowles breached his duty of care to Ms Herrick by instigating and maintaining a secret sexual relationship with her.

They allege Fathers Duro, Negri and Dekker were liable because they did not take reasonable care to protect Ms Herrick from the sexual misconduct of Father Knowles.

Ms Herrick was 22 years old when Father Knowles first initiated sex with her. She says the encounters were rushed, painful and often in public places.

"The basis of the claim is to try and help society understand that the issue here is not just about me personally, it's about the position of women in the Catholic Church," Ms Herrick said.

"Sexual abuse, exploitation, use, assault, the whole range is just not recognised if you're over 18. There's still this magic number of over 18 and that has to change. And so I'm trying to expose that, lead the way, hope that other women will come forward, I know there's hundreds out there.

"And I'm trying to bring about an acknowledgement of equality, if that will ever happen, between the genders in the Catholic Church so that there's not this culture of entitlement, that women are respected, not just as parishioners, but as women, and that just isn't happening at the moment."

The legal argument on the first day of proceedings centred on a report done in 2011 by social worker Dr Sharon McCallum.

The head of the order, Father Graeme Duro told the court he asked Dr McCallum to do a risk assessment on Father Knowles.

"The risk was the likelihood of Father Knowles further engaging in behaviour that was in breach of his commitment to a vow of celibacy," Father Duro told the court.

The church is arguing the report, based on an interview with Father Knowles, should not be made public.

"The fact that they are refusing to divulge what was written in this report and ... the fact that they are so determined to hide what they have learnt about him that tells me that these sorts of perpetrators need to be cleared from the church," Ms Herrick said.

"And the only way the rest of us can do that is to know what has been revealed and at the moment it's a mystery."

Judge Joanne Harrison has reserved her decision on whether the church should release the report. She has given Father Knowles two weeks to lodge his defence.

"I think that they've been dragged kicking and screaming to this point, they certainly haven't come willingly and I'm not going away, they need to realise that," Ms Herrick said.

"They need to understand that I'm here for the long haul, as I said, for all the women out there. This is not just about me as a person, it's about 51 per cent of the Catholic Church who are not recognised adequately and have been used and exploited."

Father Duro said in a statement to the ABC in June that the congregation had sought to deal fairly and openly with Ms Herrick.

"She initially raised her complaint through Towards Healing and a settlement was reached," Father Duro said.

"We deeply regret that having reached a settlement with us, she is now seeking to overturn that settlement. We hope that these matters will reach a rapid resolution through the courts."