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In the past week, a settlement scheme has been created for the victims of sexual abuse by Catholic clergy in the Netherlands. As a matter of course, the bishops and the Conference of Dutch Religious agreed with the plan. The plan, which aims at speedy recompense and settlement, has five stages of financial compensation, based on the type of abuse that was committed.
- Sexual acts or expressions which damage the physical or mental integrity: €5,000
- Touching of private parts: €7,500
- Touching of private parts over a prolonged period: between €10,000 en €20,000 depending on frequency, gravity and additional circumstances
- Rape, once or several times: €25,000
- Excessive sexual abuse, with substantial and verifiable damage to the victim: a maximum of €100,000
Victim support groups, such as Mea Culpa and Klokk are carefully satisfied with the plan, although some details, and the speed with which the bishops responded are not entirely to their wishes. Klokk, oddly enough, wants to be involved in establishing a pan of compensation and bringing the victims into contact with the bishops and the religious. Something that, in my opinion, has already happened, partly by the above plan.
Wim Deetman, who led the committee which set all this in motion, gives the advice that the conferences of bishops and religious need to acknowledge the abuse and be sympathetic to the victims. I think they have at east partially done so already, although there is always room for improvement. Another suggestion by Deetman may speed this improvement along: he suggests the appointment of one bishop who can be the link between victims and conferences. I think Bishop Gerard de Korte (right) has done this for the most part already: he is at least the face of the bishops’ conference in these matters, having appeared in television and in other media to discuss it.
In the past year or so, they way that the Church deals with the abuse crisis has crystallised into a system which can get things done, although it is still plagued by that most Dutch of problems: bureaucracy. If that problem can be solved, I think we are on the right track, although much work still needs to be done, especially when it comes to the contacts with the victims.
In a succinct yet thorough advice, the Lindenbergh Commission, established by the bishops’ conference and the Conference of Dutch Religious, has published their recommendations regarding financial compensation to victims of sexual abuse by priests, religious and others employed by Catholic institutions.
In essence, the advice foresees the creation of a collective financial responsibility for all Catholic institutions. In five categories, the Lindenbergh Commission recommends financial compensation ranging from 5,000 to 100,000 euros. An independent commission of non-Catholics is to judge the compensation in individual cases. No accused party may refer to the statute of limitations to avoid payment, and neither is appeal an option.
It’s a strict and clear advice, which has been welcomed by victims’ associations and spokesmen. Speaking for the bishops and religious, Bishop Gerard de Korte and Brother Cees van Dam have repeated that the interest of the victim comes first. They will be studying the advice given, and will await another report about the reorganisation of aid organisation Hulp & Recht, before deciding on the actual implementation.
“Please come forward, because there is a great problem! Not only within the Roman Catholic Church, but in a broader context in society. That problem was created because of the perpetrators and they can help making that problem smaller, also in the interest of victims. So that is a moral call: come forward.”
Words spoken today by Dr. Wim Deetman in a radio interview, aimed at the perpetrators of abuse, sexual and otherwise, within the Catholic Church in the Netherlands. Deetman and his commission gave been working largely in silence since December, but this plea is an important part of the work they are doing. In order to be able to present as complete a picture of the situation and its causes, Deetman needs the perpetrators to come forward just as much, if not more, as the victims have done. The former have until 4 April to do so. And if they don’t? Well, the commission has a list of possible perpetrators and they will be contacting them themselves after 4 April.
“There can be no doubt about that. And a question will then be: why didn’t you come forward? That is also important for the victims to get clarity about the past and so be able to accept the past.”
Many cases that the Deetman commission have been investigating happened many years or decades ago and therefore fall under the statute of limitations. Six cases have been passed on to the Public Prosecutor, but Deetman does not expect that number to rise very much. Closed cases are also not free from investigation.
“When cases have been closed, there may have been good reasons, let me make that clear. But you should investigate if that has happened with just cause. I can’t bear to think that I get asked at the end of the year: did you consider that they were closed for bad reasons? And that the answer would then be: no, we just mindlessly assumed so, but didn’t look into it. That can’t be true.”
The bishops and the Conference of Dutch Religious accept and support Deetman’s call. They will communicate it internally in orders and dioceses, and, by mouth of Bishop Gerard de Korte and Brother Cees van Dam, have said they won’t just appeal to the conscience of people but also make use the legal measures available within dioceses, orders and congregations.
Following yesterday’s publication of the first report by the Deetman Commission, the news of the Dutch Church’s abuse crisis has broken internationally. Not all of the international headlines refer to proper news, speaking as they do about the number of reports made to Hulp & Recht (almost 2,000), which has been known for at least a number of weeks already. Most articles luckily also mention the main points from yesterday’s report, and also the preliminary response from the Dutch bishops and the Conference of Dutch Religious.
That response is not very remarkable, but considering the attention the case has received lately, I will offer a translation below. The text will also be available via the Translations tab above, but I think this is important enough to warrant a place on the main page of my blog.
Possibly in response to questions raised (especially in the United States) about the legal position of dioceses, religious orders, bishops, and the Vatican when it comes to child abuse cases, the Dutch bishops and the Conference of Dutch Religious have created a commission that will look into exactly that. The three-person commission consists of Prof. Mr. Siewert D. Lindenbergh (chairman), professor in Civil Law at the Erasmus University in Rotterdam; Mr. Jacqueline Meyst-Michels, a lawyer specialising in liability and injury law, especially in the medical field; and Mr. Joost Wildeboer, a lawyer specialising in injury and insurance law.
The new commission is tasked to take all relevant aspects of limitations, liability and damages according to civil and church law into account and come with an advice in early 2011. Until then, they will be working in private, being unavailable for the media until the aforementioned aspects have been considered.
An attempt to save skins, or to create clarity? The optimist in me favours the latter, and I think it has things going for it. Although the Netherlands is not (yet) a society as fond of the courtroom as the United States, the legal battles fought there do offer a lesson. How should the law treat a diocese or a bishop? Are they autonomous entities or employees of the Vatican or the local archbishop? Church law and customs have answers, but are these the same as the answers that civil law has?
The abuse crisis is not over. The accusations and stories of terrible crimes are being collected now. It remains to be seen how the legal battle turns out.
The Dutch bishops and the Conference of Dutch Religious have today fully accepted the proposal for an investigation into sexual abuse in the Catholic Church in the Netherlands, from 1945 to today. Msgr. Gerard de Korte, spokesman on the abuse issues, announced this in a press conference.
This is the text of the press release, in my translation:
Press release Dutch Bishops’ Conference and Conference of Dutch Religious on proposal for investigation sexual abuse
Utrecht, 11 May 2010 – The Dutch Bishops’ Conference and the Conference of Dutch Religious (KNR) have today expansively discussed the proposal for investigation of sexual abuse of minors in the Catholic Church in the Netherlands. They express an honest word of gratitude towards drs. W. J. Deetman who has succeeded in presenting a thorough and very complete proposal on short notice.
The bishops and the manager of the KNR once again emphasise that they condemn forcefully every form of sexual abuse. Abuse is contrary to the Gospel and the dignity of the human person. To those who were victims of abuse within the Catholic Church, religious superiors and bishops again offer their heartfelt sympathy and apologies. Victims who have not yet come forward are called to do so at either Hulp & Recht or the committee.
The number of reports of abuse necessitates a thorough investigation, according to religious superiors and bishops. On 9 March of this year they asked Mr. Deetman to advise them on how to best shape a broad, external and independent investigation. The asked the former chairman of parliament to gather the required expertise, formulate a plan and set out a timeline.
The bishops and the managers of the KNR fully agree with the proposal as it is now and the intended composition of the committee. They promise their full cooperation and will work to make all relevant information available to the committee. In that context they support the call from Mr. Deetman to the perpetrators of sexual abuse to come forward and report to the committee.
Regarding the time line, the bishops and religious superiors agree that priority will be given to advice on the aid to the victims. Although relief is already started through the procedures of Hulp & Recht or through meetings between victims and confidential counsellors of dioceses, orders and congregations, the bishops and religious superiors consider it very important to hear from the committee on short notice whether the available help is desired and how existing procedures may be optimised.
Bishops and managers of the KNR request Mr. Deetman to take on the duties of chairman of the committee. They thank the members of the committee who are willing to participate in the investigation. The religious superiors and the bishops have full confidence that this committee will run a transparent, independent and scientific investigation. That independence and transparency is exactly what the victims have a right to and which is necessary for the Church to help the victims as well as possible and to effectively prevent future abuse.
In my opinion this is the best decision they could have made. This is such an enormous issue, both in size and gravity, that the only way to reach a solution is full openness. A patient can’t cure himself. He needs someone else for that, someone who can clinically and objectively consider the problem, analyse it and search for a solution. In the case of the abuse crisis, the Church needs it to heal and the victims need it be heard and recognised.
Yes, I do expect there will be very painful consequences as more cases emerge and conclusions are drawn. Painful for the victims, for the responsible parties, offenders but certainly also religious superiors and bishops, and painful for all Catholics. But that is what we need now. Healing can hurt sometimes, nothing to be done about it. We can no longer tranquilise ourselves in a culture of silence.
In the course of 2011 there will be a report with an overview of what happened, how it could have happened and exactly what penance and justice, according to Church and state, must be achieved. But the slate will then be clean.
In The Hague, Wim Deetman is wrapping up his press conference where he presented the advice that he has given to the Dutch bishops’ conference and the Conference of Dutch Religious (KNR) about how they should tackle the abuse crisis. I’ve been taking notes as the details were given, and there are two main points I want to highlight. First of all the five points on which the investigation must focus, and secondly the people who will form the committee. The two conferences will be discussing the advice on Tuesday. As Dr. Deetman said, his is only an advice. We must wait until Tuesday to see how it will be received and implemented, but, judging by the attitude of the bishops and the KNR towards Deetman’s work, I would be very surprised if they did not take this advice in total.
The five main points of the investigation:
The committee must collect data, either via the existing lists of known victims or, if these are not adequate, via their own survey. They should not only appeal to the victims, but also to the offenders, if these are yet unknown.
Archives: Deetman decided to look at the period from 1945 until now, so that requires a certain amount of archival work. This will also allow show how authorities dealt with abuse in the past.
Comparison: Once collected, the numbers must be compared to the data from outside the Catholic Church and the Netherlands. The question of whether this is a problem endemic to Catholic institutions or to the Netherlands, or if it is wider social problem must be answered. The answers may seem clear now, but they must be supported by facts.
How could it have happened? What is the reason for the ‘culture of silence’, as Deetman put it? Society and the norms that were used, within and without Catholic circles, must be considered, as well as the legal framework. This calls for historical and sociological research.
The future. Advice about that can only be based on the investigation, but it is a clear goal for the committee.
Deetman expects that the investigation will take one year to eighteen months, at the most. Then the answers must be clear.
Deetman suggests a core of five people to form the committee. If needed, they can appoint others for specific topics and expertise. They are:
Dr. Nel Draijer, professor in Trauma and Personality at the Medical Centre of the Free University of Amsterdam, for her practical experience.
Mr. Pieter Kalbfleisch, Chairman of the board of the Netherlands Competition Authority, for his experience as a judge.
Prof. Dr. Harald Merkelbach, professor of Psychology at the University of Maastricht and member of the Royal Dutch Academy of Sciences, for the psychological angle.
Prof. Dr. Marit Monteiro, professor of History of Dutch Catholicism at the Radboud University in Nijmegen, for the historical and sociological side.
Prof. Dr. Eng. Gerard de Vries, member of the Scientific Council of Government Policy and professor in Philosophy of Science at the University of Amsterdam, for an empirical weighing of the facts.
This advice generally follow what the conferences asked, but in some cases, Mr. Deetman advised an increased focus on things where he felt that was needed. Among these is the care for the victims. Although the committee will perform a factual investigation, but it will also take an immediate and close look at the support that exists for the victims. As he said, “There is no excess of specialists in the Netherlands”, so in order for the investigation to proceed adequately, the support and guidance that exists must be firmly established and well-documented.
A second point which Deetman added was an agreement with the office of the Attorney General that if there is a suspicion that a crime does not fall under the statute of limitations, those involved will be informed, so that they can still press charges if they so wish.
On Tuesday, the bishops and the KNR will release a press statement in which they’ll respond to this advice.
Yesterday the Dutch bishops announced that on 7 May Dr. Wim Deetman will present his advice about the independent investigation of sexual abuse in the Catholic Church in the Netherlands. Deetman was appointed to assemble a committee for the investigation and to establish how the investigation would proceed.
On 11 May the bishops and the Conference of Dutch religious will come with a joint statement about their reaction to Deetman’s advice. Until that date they will not respond on the content.
It’s all a bit later than expected (Deetman originally expected to be done before the end of this month), but it’s good to see it’s going ahead with only a minor delay. The investigation will be an independent one, which, I assume, is one of the reason that a non-Catholic was appointed to form the committee and give the advice.