“If only….”

Tuesday November 9, 2004

Last Monday, I joined a host of victim/survivors of sexual abuse by priests, religious and teachers at a special hearing conducted by the finance committee of the NJ Assembly. It was convened by Assemblyman Cohan to hear the concerns of victims and their advocates in connection with a bill to eliminate the Charitable Immunities Clause as applied to charitable institutions in cases of the sexual abuse of minors. With only one abstention by Assemblyman McKeon of West Orange, the bill was voted out of committee for consideration by the general assembly.

Although I have been involved in the issue of sexual abuse by clergy and religious within the Roman Catholic Church for over twenty years, it is by no means an issue restricted to the Roman Catholic Church. Nevertheless, despite the impact of the issue at every level of Church life, there is still a great deal of denial among ’Catholics in the pew.’ It is not unusual to hear Catholics say, “What do they want? Why can’t they get on with their lives?” One bishop even remarked that SNAP (Survivors Network of those Abused by Priests) is out to destroy the Church!

As I listened to the testimonies of known and unknown victims, I watched the members of the committee, several of them Roman Catholics, as they listened intently to every story. Prior to their vote, each one, even the gentleman who abstained, expressed his heartfelt admiration of and appreciation for the courage of those who came forward.Kip Bateman of Somerset remarked, “In my time in the NJ Assembly, I have never heard such moving testimony.”

The only dissenting witnesses were the two attorneys representing the New Jersey Catholic Conference of Bishops one of whom was the spokesman for both and expressed the opinion of the bishops that the retroactivity of the bill be restricted to twelve years rather than removed completely. There were no other dissenting opinions expressed by any other institution or agency.

It was embarrassing if not humiliating to hear two representatives of the Catholic bishops of New Jersey expressing the mind of the bishops knowing that such a restriction would virtually eliminate most cases pending before the courts.

For those Catholics and others who might be concerned that the assets of the Church may be placed in jeopardy by the removal of the Charitable Immunity Clause, let me assure you that New Jersey is one of the few states that has retained immunity for charitable institutions in matters of the sexual abuse of minors. The Church and other charitable organizations have not folded up in other states. Not only that, but the elimination has resulted in greater attention to screening and supervision of employees particularly those who deal with minors. The elimination fo the clause has resulted in safer environments for children.

“If only …” our bishops had engaged victim/survivors in a genuine dialogue in Dallas leading to justice rather than a perfunctory response leading to a policy they knew could not be implemented under current Church law. Remuneration for therapy is only a partial response. As one victim stated in Trenton, “I will never benefit from this bill because my perpetrator is dead. But all the money in the Vatican could never compensate for what I and my family have suffered over the last 26 years.” His brother who was also abused by the same perpetrator took his life and his father died of a broken heart several years later.

In fact, the issue was never about money but about justice. When victims turned to the Church for help, the bishops turned to their attorneys for advice. That’s when it became an issue of money. Now it has become both—justice and money.

Nevertheless in the midst of pain there is hope in the hearts of those who hurt the most. I continue to be in awe at the determination of victims to get well as they move beyond the wounds that have handicapped them emotionally and spiritually. They have turned their anger to energy for good. Some have left the Church but they have not abandoned their belief in a compassionate God who spares no ‘expense’ to help those who hurt. Some even believe that God cries when we hurt. I think there’s something to that sentiment. Isn’t that what the incarnation is all about; God taking on human flesh to prove his undying love for all humanity, especially the poor and those who are most impoverished by sin. I have witnessed miracles among victims who will not give up. They are energized not by vengeance but by justice.

But my mantra remains firm, “There will be no healing without justice; no justice without truth; no truth without full accountability.”

It is a shame that justice for victims must come from the State legislature instead of from the Church whose mission it is to bring justice, healing and peace to the world.

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