Jesuit and Catholic Church - Clerical and Institutional Abuse Forum (Australia)

WARNING: Child Sex Abuse Content.

"there was a serious pattern of deviant criminal behaviour being perpetrated across the Society" Marilyn Warren - Victor Higgs Investigation


"We will continue to listen, consult, be open to criticism from people, including lay people, who are strong enough to give us honest, robust, reasonable, evidence-based feedback."
Brian McCoy SJ, former Jesuit Provincial. Media Release 17 December 2018

The Society of Jesus shoots the messenger
The Society of Jesus Australia has been trying and is trying to shut down this website.
Simply because they don't like the content and don't want survivors and the public to know about Jesuit child sex abuse and the offenders.
Aggrieved people usually sue for defamation, they don't because there is nothing defamatory.
So they use other legal means to try to silence us.

If you find this website useful and/or consider their actions morally and ethically wrong, please email the Jesuit Provincial, Quyen Vu SJ expressing your thoughts.
provincial@sjasl.org.au

Send email to Jesuit Provincial, Quyen Vu SJ
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The Men of God protect their temporal empire.

Simon_Davies_head
Simon Davies, Director of Professional Standards
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Preferred survivor status
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Fr. Quyen Vu SJ, Jesuit Provincial
Theo Overberg SJ convicted of indecent assault then gets off on appeal

Look into my eyes, can't you see they're open wide? Would I lie to you, baby, would I lie to you? (Roxette)

Theo_Overberg_sj_04 Brian_McCoy_head Peter_Quin_2 Stephen_Sinn_sj
  Theo Overberg SJ                     Brian McCoy SJ                    Peter Quin SJ               Stephen Sinn SJ
The Theo Overberg case began back in 2020. He was charged with 3 counts of indecent assault at St. Iganatius College, Riverview, in 1975

History:
Outcome of hearing on Dec. 23, 2020 . R v THEODORE GERARD OVERBERG , 20 January 2021, CASE NUMBER 2020/00254180, Criminal,Local Court HORNSBY NSW

July 15, 2023
Today he was found guilty of indecent assault (the more serious charge the cops were going for) of 3 students at Riverview.
Sentencing is scheduled for 19th September.

January 9, 2024
Theo Overberg is sentenced to 2 years jail with 5 months non-probationary period.
The Society of Jesus immediately appealed. He is out on bail waiting for the appeal.
♦ /www.austlii.edu.au

Appeal Upheld Decision Date: 7 February 2025
District Court New South Wales
Overberg v DPP [2025] NSWDC 18 (7 February 2025)
Hearing Date(s): 11 and 12 December 2024
♦ The judgement - www.austlii.edu.au

The essence of the judgement is:
"Nor am I satisfied ...that the method or circumstances of such strapping was not moderate or reasonable."

"I am, therefore, of the opinion that the Crown has not established that that form of chastisement was not a form of lawful chastisement available to the accused."

The judge also said there were no sexual overtones in Overberg's actions.
Very disappointing.... and a kick in the guts for the survivors.

The appeal judge could not be bothered reading the trial evidence.
A summary of that evidence was undertaken by the solicitor advocate for the Crown.


Evidence given at the trial by Brian McCoy SJ, Stephen Sinn SJ and Peter Quin SJ.

"Father McCoy gave evidence that strapping on the bare buttocks of boys was an acceptable practice at the time of the alleged offences. This did not mean it was practiced by all, but it was practiced by some as an extreme measure."

"Father Sinn gave evidence that strappings delivered to the bare buttocks was an acceptable form of punishment"


These statements by McCoy and Sinn are suspect and not supported by any evidence.
McCoy graduated from Xavier College in 1964, in 1975, the year he gave evidence about, he was about 27 years old and would only have been an ordained Jesuit a a few years.

Sinn also was about that age in 1974-75 when he was a scholastic and teacher at St. Ignatius College , Athelstone, Adelaide.

To our knowledge neither McCoy or Sinn were ever at Riverview in 1975. Can anyone confirm this?
Sinn was in Adelaide at the time, how would he know what goes on at Riverview?
How would McCoy know? I don't know he was ever in a school. he seems to speaking from a broad general perspective about all Jesuit schools.

The trial judge said “Strapping on the naked buttocks was not the norm, and was outside the usual practice of the school, and was frowned upon by the headmaster, Peter Quinn, at the time.”

I find this confusing. If naked buttocks was the norm then it attracted the common law defence of lawful chastisement.
But what about society at large in 1975? Was it acceptable and legal?

Could any former student please let us know his memory of strappings? Hands, backside, bare backside.
Was bare backside strapping common and accepted?

My own memory is struggling about strappings at Xavier College.
I don't recall an actual incident of bare backside strapping, only that one student put newspaper in his pants in case he was hit on the backside, clothed obviously.
At Xavier College there is no known incident of bare backside strapping.

You need to prove two things beyond reasonable doubt to convict:
(a) the accused assaulted the relevant complainant; and
(b) the relevant assault was indecent in that it was contrary to the ordinary standards of respectable people in the community.

It seems a fault that there is no evidence from or about "the ordinary standards of respectable people in the community".
The only evidence is from Jesuits who have a vested interest in saying it was acceptable.
Even if it were acceptable in Jesuit schools that does not make it acceptable to "respectable people in the community".
If it had been done to me in 1966-67 (13-14yo) and I told my father, he would have immediately driven 160 miles from western victoria to Xavier College and told them it was totally and utterly unacceptable. He had attended the school and knew the culture.

The trial judge said strapping a clothed backside in a "moderate and reasonable" manner was lawful at the time.

"The administration of punishment by means of strapping on the backside at Riverview at the time of the alleged offences included strapping on the bare buttocks, but that was not a practice followed by all members of staff."
There is no evidence to support this except the "unreliable" biased evidence from 3 jesuits.

The judgement says "that the lights were on and that the door to the bedroom (Overberg's) was probably open – and thereby visible to anybody in the vicinity, including those students in the dormitory."

"complainant 3 was not sure if the door was open, but it probably was left open by the accused"

I have received information that Overberg's door was closed while strapping the boys and that it is not possible to see the bedroom from inside the dormitory.
So how did the trial evidence get so messed up that the appeal judge concluded the above?
Or was it because he didn't read the trial transcript and relied on a summary?

This is important evidence because the appeal judge was swayed by believing the bedroom door was open and boys in the dormitory could see inside.

"(complainant 3) was totally naked, that the lights were on and that the door to the bedroom was probably open – and thereby visible to anybody in the vicinity, including those students in the dormitory. This, in my opinion, was an unlikely scenario . "

Riverview students: Is it possible to see inside the master's bedroom from the dormitory?

So now the appeal judge doesn't believe complainant 3 was naked and does believe Overberg was telling the truth. Question now is, is non-naked bare buttock strapping lawful chastisement or not (assault occasioning actual bodily harm)? And did it have a sexual intention (that makes it indecent assault)?

The trial judge said there was " “an inescapable inference” that the conduct of the accused, in each case, applying an objective standard, had a sexual element or connotation. ""

The appeal judge did not accept this. "the strapping of each complainant on his buttocks as an act of chastisement did not unambiguously give rise to a sexual connotation to those actions. "
The appeal judge then quoted case law:
"The fact is that right-thinking people do take into account the purpose or intent with which an act is performed in judging whether or not it is indecent." "
(R v Court [1998] 2 All ER 221, Lord Griffiths - from 1988 in England).

"why was he behaving in this way? "
(Lord Ackner in the same case above.)

The appeal judge said you need actual proof of sexual intent or gratification, perhaps meaning the accused would have to be masturbating or something.

This strict literal legal interpretation ignores anecdotal and psychological evidence (not introduced) of the nexus between physical and sexual abuse.
The appeal judge thinks he needs to know the unknowable, what is going on the head of the perpetrator?

Why is it necessary to lie a boy on your bed to strap his bare backside?
Bent over a table or chair would be easier I think. But a boy lying face down on your bed is much more vulnerable isn't he?

I am reminded of a former Jesuit scholastic who left the order when he found himself getting an erection when he strapped boys, it disturbed him that much.
♦ more about Theo Overberg

"there was a strict rule of silence (“the great silence”)" , “the great silence” as a thing is a total fabrication.
This is lawful chastisement. It has no sexual intent. It was moderate and resonable. So says Judge Andrew Colefax SC
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Senior Jesuit St Ignatius’ College Riverview Jailed For Child Abuse

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03/09/2024
Lawrence Leonard SJ, a former senior Jesuit brother at St Ignatius’ College Riverview in Sydney,
was recently sentenced to nine months in prison for historical child sex abuse.
Leonard was found guilty of two counts of indecent assault against a 12-year-old student in the mid-1970s.

The incidents occurred while the boy was playing on the basketball courts during lunch or recess.

Timeline: The abuse occurred in 1974, but it wasn’t reported until 2017.
This delay is not uncommon in such cases of historical child sexual abuse, as survivors often struggle with feelings
of shame and fear for decades before they find the courage to come forward.

Position at St Ignatius’ College Riverview: Leonard held a senior position at the school (boarder master),
which gave him significant authority and influence over students.
Legal Proceedings: Leonard was charged and found guilty of two counts of indecent assault.

The court proceedings highlighted the severe breach of trust, given Leonard’s position of authority at the school.

Impact on the Victim: The victim described the long-lasting psychological impact of the abuse, which affected his personal and professional life.
The court acknowledged the survivor’s bravery in coming forward after so many years.

Institutional Response: Like many institutions, St Ignatius’ College Riverview has faced scrutiny over how it handled allegations of abuse.
The case has prompted discussions about better safeguarding measures and support systems for victims.
Community Involvement: He was involved in various school activities and had a reputation for being a dedicated educator.
This made the revelations of his misconduct particularly shocking to the community.

Legal Consequences: Leonard’s conviction and sentencing to nine months in prison for historical child sex abuse have brought attention to the need for accountability and justice for survivors of abuse.
♦ koffels.com.au


A comment on that article:
Prefer Nottosay says:
18/12/2024 at 7:47 am

Im Glad. Deserves everything he gets & longer.
This Bastard was a cruel man & this does not surprise me.
He was Boarding master of my year in 1981. Used to take young boys ( boarders) into a cold bathroom on a winters night, make us sit there in the cold.
( If we were caught talking after lights out)
After a couple if hours he would strap us 4-6 times on a bare arse and send us off back to bed.
Not my happiest memory of the place.
Only he was the problem.

The word on the street is that Leonard served some time (unknown how much) and was "removed from ministry", that is put out to pasture somewhere to be looked after until he goes to heaven.

♦ more about Lawrence Leonard


Messages of support
Message of support from a survivor.
Hi Mark,
Hang in there and stay strong. All you can do is what you think is the best thing for you.

You have done a fantastic job over the past 5 years with your website holding them to account and letting other survivors know that they were not the only one, and that there were many abusers in the Order.

Keep fighting for your child self who had no one to protect him.
Kind regards,
______________________________

Very strangely, a barrister for the Jesuits said that this website was harming survivors by showing how hard it is to get justice and that would make them reluctant to seek compensation.
looking_down_the_barrel
More messages:

"And so the abuse continues.
Emotional abuse if the worst kind.
Continuing their display of power.
There really is a special place in hell for these people"

"It’s reabuse
Patent reabuse of the adult survivor
No admissions
No apology
No remorse
Invoking and evoking terror in the claimant
That terror, I contend, was a major contributing factor in the completed suicide of our friend Jesuit victim (name redacted)
Actively silencing victims and terrifying them is reabusive and dangerously destructive
Whereas, justice has therapeutic effect."



Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.
(Dylan Thomas)



In their own words

Xavier College grapples with historical sex abuse claims
January 26, 2020
Staff inside the church division, which is led by former Australian Federal Police officer Simon Davies, say they take a survivor-led approach, which means they are unlikely to take any action against the website administrators.


The administrators of the website argue that the school’s approach lacks the transparency needed to prompt survivors to step forward with their complaints. They say that many survivors often suffer in isolation and have no idea their abusers also preyed on other students.

It is understood some Jesuits have had contact with the Xavier old boys who run the website,
but have stopped short of telling them how to run it, or to pull it down, as part of an approach to let survivors respond how they want.

♦ www.theage.com.au


"...there are serious matters warranting resolution.
It may be reasonably expected that the Society is or will be conducting further investigations into these matters. In my view, it is highly desirable that it do so."

"The Society has made further inquiries with Xavier's archivist who has confirmed that there are no records relating to any students prior to 1980 (other than being able to confirm a student attended the School) as they were all destroyed for the purpose of saving space. "
Marilyn Warren, Victor Higgs investigation.

"As Provincial of the Society of Jesus in Australia, I am committed to facing the truth about the abuse of children and young people that has occurred in our past and the terrible effects it has had on their adult lives."
Brian McCoy SJ, Provincial 2015 - 2020

What do you say to the survivors of abuse?
We deeply regret the pain and suffering that has been caused by a number of our community.
Words will never heal the suffering, but we unreservedly apologise for the trauma caused by any
member of our Society who betrayed others in this way. We are committed to doing all we
can to prevent any further incidents and will continue to offer support for survivors and their families.


Will you accept the Royal Commission’s recommendations?
We are likely to accept all the Royal Commission’s recommendations unless any of them conflict with
Canon or Jesuit Law (which is unlikely) and we urge all Australian Governments to accept and implement all of the recommendations also.

Why have you failed to deal with child abusers in the past?
Clearly mistakes have been made in the past which have caused great suffering.
For that, we give our unreserved apology to the survivors and their families.
We don’t believe there was an intentional systemic failure but we clearly failed to protect children and young people.
We can’t change the past, but we can do everything possible to maintain a safe environment now and into the future.
The measures we have announced today are important steps in this ongoing journey.

Brian_McCoy_sj_head
Brian McCoy SJ, Provincial 2015 - 2020


February 20, 2019
“we commit ourselves to help eliminate abuses inside and outside the Church, seeking to ensure that victims
are heard and properly helped, that justice is done, and that harm is healed.”
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Arturo Sosa, SJ, the superior general of the Society of Jesus


Professor Stephen Smallbone is also a member of the Society of Jesus Consultative Panel.
In the Tasmanian inquiry Professor Smallbone found the Department of Education's response was "to ignore students, shield abusers and protect itself from legal, financial and reputational risks " .....
There are major identified deficiencies in how allegations of sexual abuse in public schools are recorded and handled to this day."


Stephen_Smallbone
Professor Smallbone advised former Jesuit Provincial Brian McCoy s.j. that it would be a "denial of natural justice" to publish the names of alleged sex offenders.


"We are committed to owning the past"
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William Doherty, Xavier College Principal

"The only basis for long term healing is truth and the only basis for justice is truth, because justice means truth for all."
George Pell

" Let’s speak truth to power.  Let’s enact justice where there is oppression. "
Bill_Uren_02
Bill Uren SJ

"The heart-wrenching pain of these victims, which cries out to heaven, was long ignored, kept quiet or silenced. But their outcry was more powerful than all the measures meant to silence it, or sought even to resolve it by decisions that increased its gravity by falling into complicity."

...We feel shame when we realize that our style of life has denied, and continues to deny, the words we recite.
Pope Francis, Vatican City, Aug. 20, 2018

"In his letter of October 7, 2015 our Provincial, Fr Brian McCoy SJ, himself an old boy of Xavier, committed the Australian Province in this Year of Mercy, to ongoing support of those “who have been wounded, felt rejected or abused in any of our works."

"The Province does not believe that the complaints made against Fr Stephenson have been substantiated, but nor has it dismissed the allegations as being wrong. It believes that, on the available evidence, there is room for genuine misunderstanding as to his intentions, as is explicitly acknowledged by one complainant. "
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Chris Middleton SJ, Xavier College Rector

"I had been exposed to the human condition as a policeman and witnessed extreme depravity.
However, I had not witnessed this moral corruption in the context of a faith organisation that proclaims that human life is sacred and that the dignity of the human person is the foundation of a moral vision for society.

This was at odds with my childhood experiences growing up in the church and has taken me a long time to reconcile."

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Simon Davies, Society of Jesus Director of Professional Standards

"For many, this is a difficult and painful matter, but is one that we must own and be proactive in responding to for it is inextricably entwined with the care of all Xaverians and is central to our mission and values."
From the press release letter to Old Xaverians. Signed by William Doherty, Chris Middleton SJ (Rector) and Tony Nunan (Chair of Board)
Sept. 26, 2023
Tasmanian commission of inquiry report into institutional child sexual abuse
5.3 Effects of institutional responses
How an institution responds to a child or young person who discloses abuse can either compound the distress and trauma they experience, or it can contribute to their healing and sense of justice.
Inappropriate responses—including disbelief, hostility, or non- supportive and dismissive responses—can compound the negative effects of abuse and retraumatise a victim-survivor

...adopting an adversarial, delayed or overcomplicated approach to redressing the abuse—further compound the trauma of the abuse for victim- survivors.

'Institutional betrayal' describes the experience of a victim-survivor who is harmed
by a trusted and powerful institution on which they depend for their security and wellbeing.
Institutional betrayal can refer to the failure of an institution to provide a safe environment for a victim-survivor, therefore putting that person at risk.

It also refers to institutions that do not act once a disclosure of abuse is made, which can result in the continuation of abuse of the victim-survivor or other children.199 We identified
a sense of institutional betrayal in many of the victim-survivors and staff in the out of home care system, youth detention, schools and hospitals.

Victim-survivors reported to the National Royal Commission and to our Inquiry that being silenced or disbelieved after disclosure, punished, blamed for the abuse, or accused of lying, resulted in intense feelings of injustice, anger and shame.

Victim-survivors reported to us that poor institutional responses to their disclosures
of abuse had adversely affected their capacity to work, participate in society and to trust or engage with institutions in general.


The complaints policy and procedure should be published on the Department’s website.


"We will continue to listen, consult, be open to criticism from people, including lay people, who are strong enough to give us honest, robust, reasonable, evidence-based feedback."
Brian McCoy SJ, former Jesuit provincial. MEDIA RELEASE 17 December 2018

The revelations never end about priests and brothers, of monsignors and bishops with their secret sexual lives, masturbating, buggerizing, sodomizing and raping boys and girls – protected by an amoral hierarchy and a few corrupt members of the upper-echelons of various police forces.
Chris Geraghty (former priest and NSW Judge)

Betrayal Trauma
Betrayal Trauma: The phrase "betrayal trauma" can be used to refer to a kind of trauma independent of the reaction to the trauma.
From Freyd (2008): Betrayal trauma occurs when the people or institutions on which a person depends for survival significantly violate that person’ s trust or well-being: Childhood physical, emotional, or sexual abuse perpetrated by a caregiver are examples of betrayal trauma.

Betrayal Trauma Theory: From Sivers, Schooler, & Freyd (2002): A theory that predicts that the degree to which a negative event represents a betrayal by a trusted needed other will influence the way in which that events is processed and remembered.
dynamic.uoregon.edu

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