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TESTIMONY OF
THOMAS DOYLE, J.C.D., C.A.D.C.,
IN SUPPORT OF S.B. 29, STATE OF DELAWARE
April 4, 2007
State Capitol
Dover, Delaware
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Personal and Professional background
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I am a Catholic priest and a member of the Dominican Order.
I was ordained in 1970 and have served in a variety of assignments
including parish work, college and university teaching and
administrative work. I served as an Air Force chaplain from
1986 until 2004. My first assignment was at Dover AFB. While
on active duty I served in several conflicts including Operation
Iraqi Freedom in Iraq. I have five master’s degrees
and a doctorate. I am also a certified addictions therapist.
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From 1981 to1986 I served at the Vatican embassy in Washington
D.C. I was the staff canon or church lawyer. While serving
there I was assigned to monitor the correspondence concerning
a case of clergy sexual abuse from Lafayette, Louisiana.
The perpetrator’s name is Gilbert Gauthe. He was (and
still is) a true pedophile in that all of his victims were
pre-pubescent boys. One of his many victims was a pre-pubescent
girl. This case received national media attention because
of the extensive cover-up by the bishop of the diocese as
well as the number of very young victims. The media focused
on the fact that the accused priest was transferred from
parish to parish for twelve years before pressure from parents
and adverse publicity forced the diocese to act. The priest
was sentenced to 20 years in prison. No one knows the exact
number of young boys whose lives were ruined because of his
abuse. All are adults now. Some have committed suicide. Many
have led traumatic and difficult lives as they have sought
in vain to ease the pain that the sexual violation has caused
them.
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Since that time I have been deeply involved in trying to
help victims find support, healing and justice. I have worked
with hundreds as a pastoral minister, a supporter and a friend.
I have been wit their families and friends. I have also worked
with the accused priests in several capacities: as a legal
advisor, pastoral minister and therapist. I have remained
committed to this cause primarily because of the profound
effect that contact with the victims and their families has
had on me. The most important aspect of my contact with the
victims, indeed perhaps the most important act of pastoral
ministry I have ever done, is to apologize to victims. I
first attempt to gain some minimal degree of trust between
the victims, their families, especially their parents, and
myself. I fully realize that this is most difficult for them
because I am still considered a priest and am associated
in their minds with the institutional Church, and it was
priests and bishops in this institution that perpetrated
the initial abuse and followed this up with the spiritual
abuse by the way they were often treated when they disclosed
to the Church authorities. After this trust is established
I then honestly apologize to them for what a fellow priest
has done to them and for what the clerical establishment
has done to them. Without exception, I have been told by
victims and/or their families that this was the first
time anyone from the Church had ever apologized to them. Some
have recalled meetings with various Church officials including
bishops but they have remarked that none ever apologized.
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I have been a consultant and expert witness in several
hundred civil cases throughout the U.S., Canada, Ireland,
England, Australia, New Zealand and Mexico. I have been involved
as a supporter and advisor to victims in several more countries.
I have been a consultant and expert witness to several grand
juries in the U.S.
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I have published several articles in professional journals,
written contributions to books and co-authored a book on
the subject of child sexual abuse. The book is not a polemic
but a factual history of clergy sexual abuse in the Catholic
Church based on the Church’s own internal documentation.
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In the course of this painful, shocking and scandalous
journey I have been forced to accept the shameful fact that
the Church that has been an essential part of my life has
intentionally placed its own image, power and financial stability
far above the lives of the most vulnerable in its midst.
I have regretfully accepted the fact that those in positions
of power have forgotten that the Church is not the clergy,
the buildings and the power structures, but it is the people
and among those people, by far the most important are the
most vulnerable, marginalized and hurt. It is certainly shocking
and scandalous when we realize that the people most grievously
harmed by the churches are their own faithful and devoted
followers.
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Clergy sexual abuse has been a reality in the Catholic
Church not just since 1984 but throughout its history. This
terrible dark side was always known by a few but in 1984
it became known to the Catholic and general public. The shocking
revelations from Boston in January 2002 were not the beginning
but rather a point of “critical mass” when it
seemed that the wall of denial that surrounded many of the
Catholic laity and the general public was finally shattered.
These revelations confirmed what had been the practice in
Boston and throughout the Catholic Church in the U.S.: accused
priests were not turned over to law enforcement authorities
but rather were routinely transferred to other assignments
where they continued to sexually abuse the young and the
vulnerable.
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Since 2002 the public has been exposed to this terrible,
dark underside that exists not only in the Catholic Church
but in other religious denominations and with both private
and public institutions as well. The proposed changes in
State legislation that are being urged in Delaware and in
several other States are not about the Catholic Church.
These changes are proposed to help any victim of any Church
or institution and indeed any victim of family or incestuous
abuse.
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If anything, the experience with the Catholic Church has
served as a catalyst that set off a series of explosive revelations
about many other institutions, religious and secular alike.
These revelations can be summed up thus:
- Children and the vulnerable have been devalued because
of their powerlessness.
- Churches will speak out against injustices perpetrated
by other institutions, public or private, or by individuals,
but they will not acknowledge or admit to similar injustices
and immoral acts committed by their own clergy.
- Churches and institutions tend to hide and deny internal
problems and the more socially unacceptable and potentially
damaging the problem, the stronger and more organized the
cover-up.
- Churches have hidden behind the protections of the First
Amendment in order to avoid legal accountability for criminal
behavior
- Churches and some private institutions have relied on presumed
deference and privilege to avoid answering to society for
internal crimes
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Some have criticized victims for waiting
years or even decades before “going public.” One
retired district attorney even had the audacity to argue
that young children sexually
abused by priests should have known enough to report to the
police at the time it happened. Because of the public revelations
of widespread sexual abuse of minors and vulnerable adults
over the past twenty-five years, we have learned much about
the complex nature of the sexual abuser but more important,
we have learned that the sexual violation of any person but
especially a child or young adolescent is not a passing event
that can be set aside and forgotten as life takes its course.
- Sexual abuse is a profound violation that has tragic physical,
emotional, psychological and spiritual consequences
- The trauma of sexual abuse is deeply embedded and
long lasting, often for the duration of one’s life
- Most younger victims are abused at the age of 12 and only
reveal their sexual abuse at the age of 40.
- Youthful victims generally do not reveal their abuse because
of fear, guilt, confusion and fear that no one will believe
them
- The impact on victims of Catholic clergy is especially
toxic because of the almost total trust the victims place
in priests and because of their belief, instilled by Church
teaching and tradition, that priests take the place of God.
Why is Legislative Reform Necessary
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Legislative change is needed, in fact it is essential,
because the churches and most private institutions will not
take proactive measures to reach out to victims, to intervene
with sexual predators or to change a toxic climate that protects
sexual abusers. The experience with the Catholic Church has
proven this denomination and other denominations as well
as other private and public institutions, will only change
when forced to do so by a power greater than themselves and
that power has been the media, public opinion and especially
the U.S. legal system.
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The changes that the institutional Catholic Church has
instituted since 2002 have come about only because the Church’s
authority structure, the bishops, has been forced to
acknowledge that its policies and its very culture had protected
the institution to the detriment of the victims. Various
official bodies in the Church including its lobbyists in
the State Catholic Conferences have boasted that the institutional
Catholic Church in the U.S. has done more than any other
organization to respond to the problem of the sexual abuse
of minors. This assertion needs to be supported by factual
evidence which is never produced by those who make it. More
important, the historical fact remains: the institutional
Catholic Church has acted only in response to force and pressure
from the media, public outrage and lawsuits.
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Legislative change is essential to hold churches and other
private institutions accountable because without the external
pressure derived from the realization that the protection
of sexual abusers will not be tolerated, this scourge will
continue and thousands more children will be violated and
grow into severely damaged adults.
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This is not a ploy engineered by greedy attorneys who see
bundles of money in their victim-clients. Victims of Catholic
clergy abuse reluctantly approached the civil courts over
two decades ago only because they had been totally frustrated
in their attempts to receive justice and support from Church
authorities. Their entreaties were nearly always met with
disbelief, denial, empty promises or intimidation to remain
silent. While Church sponsored critics of victims and their
supporters have erroneously focused on the monetary damages,
none have acknowledged that Church attorneys do not work pro
bono and that in the course of defending the institutional
Church, they have reaped millions.
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The vast majority of adult victims were incapable and not
unwilling to disclose their abuse until well into
adulthood. Even then, disclosure often comes with intense
guilt and shame and the severe pain of having to re-open
old wounds. This of course leads to well-justified anger
with the abuser but more important, with the institution
that protected him. Recently a high placed Catholic priest
spoke to the Minnesota legislature and told them he opposed
legislative reform because it would invoke victim anger.
Was he concerned about victims? Hardly. He was however,
deluded into thinking that the legal process is the cause
of the anger. The anger comes from the very fact of having
been viciously violated by the powerful and trusted person
of a priest. The ability to bring court actions for crimes
that were committed years maybe even decades ago impacts
the present and the future. Many of the abusers are still
alive, living well and quite capable of finding other victims.
The claim that these are “old cases” means
nothing. The pain for the victims has not only endured
but intensified and in many instances their abusers have
been able to roam unheeded, ruining the lives of many others.
The passage of years does not lessen the criminal nature
of the sexual abuse, the devastating impact on the victims
and their families or the culpability of the predator.
The passage of a bill to suspend the statute of limitations
for a period of time will have significant impact:
- It will expose predators who are still active and often
known to Church or institutional leadership
- It will alert Churches and other institutions t the reality
that they must put the welfare of the victims ahead of the
perceived needs and security of the institution
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This is not a “dead issue” that
has become history because of the changes instituted by the
Catholic Church or
by any other denomination or institution. Sexual abuse happens
because of sexual dysfunction, not sinfulness, lack of fidelity
or an on-going sexual revolution. Sexual predators will always
be in our midst but that does not mean we need not take every
possible precaution to protect children, minors and the vulnerable
from them. There are fewer contemporary cases of clergy sexual
abuse because of public enlightenment, a diminished trust
in the clergy and a significantly heightened awareness by
parents,
children and others of the warning signs of sexual abuse
and assault. Though there are fewer cases there still are
instances
of clergy sexual abuse and institutional cover-up and lack
of adequate and responsible action. Some bishops have refused
to disclose the names and whereabouts of known sexual abusers.
Some Church leaders continue to intimidate and punish victims
who come forward or those who support victims. Some bishops
and other institutional leaders have not removed proven sexual
abusers until forced to by civil authorities. Others have
refused to heed reports and complaints from parents or others
who have
stepped forward.
The Opposition to Legislative Reform and their Objections
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. In this State and in several others there is opposition
to legislative reform that would protect children from sexual
abuse or allow victims with time-barred suits to once again
approach the civil courts for redress against the institutions
that enabled the abuse. The legislative reforms have included:
- Mandatory reporting by clergy and Church employees
- Extension or elimination of the Statute of Limitations
for criminal cases
- Extension or elimination of the Statute of Limitations
for civil cases
- Suspension of the Statute of Limitations on civil cases
for a specified period of time
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Those who have opposed such changes have included the insurance
industry, trial lawyers, private organizations such
as the Boy Scouts and several religious denominations. By
far the most vociferous and aggressive opposition has come
from the institutional Roman Catholic Church.
I purposely use the term “institutional Catholic
Church” because by its own self-description
and biblical roots, the Church is not defined by the clergy
or the power structure, but by the people themselves. This
is amazing and scandalous because of the public exposure
of the Church’s culture and policy of cover-up and
mismanagement of clergy sexual abuse over the past decades
and even centuries. In several States the State Catholic
Conferences have employed a variety of tactics, some of
which were scandalous and patently dishonest, to persuade
legislators to vote against any legislative reforms. The
tactics have included wide dissemination of erroneous information,
defamation of victims, their attorneys and their supporters
and the use of sensationalistic statements that gain attention
but are untrue.
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The objections include:
- The cases of many adult victims are too old to defend.
The Church or institutions would be placed in a disadvantageous
position of not being able to defend themselves
- Response: The legislature is being asked to allow
victims the opportunity to bring a case
to court. If there is no available evidence from documents
or witnesses the court process will determine that it is
not provable.
- There are no records reaching back decades
- Response: The Catholic Church has an extensive, detailed
and well preserved archival system that goes back not only
decades but centuries.
- There will be a deluge of false claims
- Response: Over the past twenty years there have been
thousands of civil and criminal cases of clergy sexual
abuse. Of these only a minuscule number have turned out
to be intentionally falsified claims. A very few others
have turned out to be based on mistaken assumptions by
the alleged victims but these have been limited to abuse
that has been limited to touches or verbal statements.
- In California the suspension of the Statute resulted
in about 800 cases throughout the State and there are only
two known false claims
- There will be a flood of claims that will cause a severe
curtailment in the Church’s good works such as
parish and charitable ministries and will end up in
bankruptcy.
- Response: There have been no negative effects on Church
parishes, ministries or charitable activities as a result
of any sexual abuse cases anywhere. In the U.S., about
85% of the funding for al Catholic Charities comes from
various government sources. Also, a significant portion
of the settlements or jury awards to victims have been
paid by insurance carriers. The financial support base
of the Catholic Church includes properties that are not
used for any Church related activities. It also includes
various other holdings generally not publicly known.
- The claims will drive the Church to bankruptcy
- Response: Although five dioceses have filed for bankruptcy
protection none have actually gone bankrupt. The process
has revealed not only significant holdings but has also
resulted in attempts to set up agreements that would impose
unjust stipulations and conditions on actual or potential
victims.
- The true reason for the bankruptcy filings has not
been fear of impending financial disaster. It has been
to temporarily stop the trial and discovery processes which
would have resulted in the revelation of very embarrassing
and incriminating information.
- Many claims are based on recovered memory which has
been “debunked” by
the False Memory Foundation and by other experts.
- Recovered memory is recognized as authentic by
the mental health, especially the psychiatric community.
On
the other hand, the basic assumptions of the “False
Memory Foundation” are not based on any scientific
evidence. According to Dr. Stephanie J. Dallam, “The
False Memory Syndrome Foundation has never performed any
epidemiological research to support its claims” (cf.
Whitfield, Silberg, Fink, editors, Misinformation
Concerning Child Sexual Abuse and Adult Survivors.
New York, Haworth
Press, 2001, p. 20
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The most bizarre accusation to arise out of the opposition
to legislative reform has been that it constitutes Catholic
bashing. There is absolutely no evidence, credible or
not, that anyone has either proposed or supported legislative
changes because of an innate prejudice or emotional dislike
of the Catholic Church. The Maryland Catholic Conference
published the ridiculous statement that a series of victim-witnesses “excoriated” the
Catholic Church in their testimony. Acknowledging the proven
failures of the institutional dimension of the Catholic Church
or any other Church is not “bashing” but truth-telling.
There is ample evidence to support the clams that the Catholic
Church has systematically covered up cases of clergy sexual
abuse for years. To label this “Catholic bashing” is
nothing more than a form of malicious denial.
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The Delaware News Journal published a full page
advertisement on June 16, 2006. It was paid for by an organization
known as the “American Society for the Defense of Tradition,
Family and Property.” This advertisement was followed
up by another statement directed at the Delaware lawmakers
on their website, dated March 12, 2007. Both the advertisement
and the web page statement are filled with half-truths, falsehoods,
empty assumptions which betray not only a misunderstanding
of the issue but a hostile attitude toward victims of clergy
abuse. The advertisement is based on an erroneous understanding
of the meaning and mission of the Catholic Church.
- The American Society for the Defense of Tradition, Family
and Property is an American branch of an organization of
the same name found in Brazil in 1973 by Plinio Correa de
Oliveira, author of Revolution and Counter-Revolution which
contains the ideological foundation of the organization.
It is a conservative, traditionalist organization made up
of Catholics lay persons who hold to a highly conservative
view of the Church. The founder strongly opposed the Liberation
Theology Movement in Latin America as well as any classic
liberal or egalitarian ideas. The organization believes that
there is a natural elite in all societies, the basis for
the belief in a natural aristocracy in a stratified society.
It claims a world-wide membership of 120,000.
- This organization is not affiliated with or officially
approved by the Roman Catholic Church in any way. It basic
ideology is contrary to the contemporary official teaching
of the Catholic Church and its overall goals and ideals run
directly contrary to many of the teaching of the Second Vatican
Council.
- The objections in the advertisement center on the
mistaken assumption that Catholic Church property has
been or will
be “confiscated” to pay for clergy abuse
settlements. This is completely erroneous.
- The advertisement uses the emotional term “veiled
persecution of the Church” in connection with
proposed legislative changes. This connection is too preposterous
for any mature adult to accept.
- The societal response to the clergy abuse revelation
is not, as the society contends, an “assault on the Church,” a “cultural
war” or a “test of the faith of millions.”
- The advertisement reflects the Society’s view that
the clergy sexual abuse problem is the result of a “hypersexualized
culture.” There is no credible sociological or
anthropological evidence to support this assertion.
Furthermore, it speaks
to the actual acts of sexual abuse but it does not
in any way speak to the culture and policy or organized
cover-up
of cases nor to the institutionalized failure to report
known crimes to law enforcement authorities.
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There is an up-side. The legacy of civil suits, grand jury
investigations with their devastating reports and attempts
to bring about legislative reforms will prove to be a blessing
for the Church and private institutions alike. It will continue
to force them to evaluate their meaning and their mission.
This is especially essential for Churches which can tend to
forget that they are about serving the spiritual needs of the
people and not only those in positions of authority. The secular
society needs to re-think why it has allowed such deference
and privilege for organized religions especially when such
deference allows these religions to lose their way, stray from
their path and bring unspeakable harm to their own members.
For the Catholic Church this legacy has focused on the reality that the Church
is not buildings but people and that without buildings, money and political
power, there will still be a Church. What are essential are not the external
structures but the internal commitment to compassion and love.
The tragedy of clergy sexual abuse has enlightened our society in general
to the terrible nightmare we have allowed to unfold in our midst. It has
forced us to put organizations, structures and even financial stability in
a clearer and more realistic perspective. There is nothing about any Church
or anything in the power of any church leader that is so important that it
justifies the sacrifice of the emotional, psychological or spiritual well
being of even one child.
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