Why I am taking civil action against the Marianist Brothers. Mairead Ashcroft 14/1/16


Sadly it has been documented that, "In 98% of all child abuse cases reported to officials, children’s statements were found to be true." (NSW Child Protection Council, cited in Dympna House 1998) I am in no way shocked by this statistic. Disclosing Childhood Sexual Abuse is a grueling experience. Hidden memories are often awakened, not only in the mind but also horrifyingly in the body. Whilst undertaking the criminal justice system, a survivor is often signing themselves up for years of triggering torture. Anger, grief and despair might also arise, particularly when the devastating and disappointing statistics of actually getting a conviction are realized.
"Only 1 in 100 (1%) sex offenders in a given year ends up convicted of sexual assault. Each year in NSW, about 40,000 women will be sexually assaulted. About 1000 men
will be brought to court for sexual assault and about 400 of those men will either
plead guilty or get found guilty." (Weatherburn, D., NSW Bureau of Crime Statistics,
Chan 9 TV Sunday Program 3.7.2001)
So you might ask why anyone might peruse a sex offender through the court system. Statistically ,
"90% of reported sex assaults do not end up in convictions" (Fitzgerald, 2006) but this also means that 10% do. This may not necessarily mean jail time although it does mean that those convicted may be registered as sex offenders and be monitored. But will this protect others from falling prey to these offender in the future?
"In relation to measuring recidivism, (repeat offending)  a Canadian study found that when ‘unofficial’ data relating to sexual re-offending such as re-arrests and probation/parole records were combined with re-convictions, the recidivism rate was increased by 170%." (Barbaree & Marshall, 1988) { Unofficial - Much of child abuse may be documented with medical/psychological doctors and counsellors but not to police.}
I was one of the "Lucky Ones". Hartman is in jail for the next 18 months. He has served 6 months of a 3 year sentence with 1 year suspended or a 1 year discount, 33.33% sale price, buy 2 get one free. This is a result of 4 people taking him to court. But what will this mean for his order, the Marianists,
and the Catholic Church as a whole? I am afraid that it might mean little more than one embarrassment done and dusted, with little consideration of the long term impacts on the survivors or consideration for future abuse. I personally believe that an institution as enormous as the Catholic Church, one of the largest conglomerates in the world, can sweep this glitch under their very large carpets without batting an eyelid. It would seem that they are very well practiced at harm minimization when it benefits their own needs.  http://www.theage.com.au/victoria/a-plea-for-an-inquiry-and-a-tale-of-the-one-who-got-away-20111202-1obq3.html   This is why I am taking civil action despite the pain and re-triggering involved in this process. A business values the dollar and the bottom line. I am not expecting the bottom line to be greatly adjusted with what I may be awarded but if everyone was to pursue this course of action, the financial impact may make enough of a curve that stronger action against offenders and their protectors might be realized and children might be less likely to experience the devastation that is childhood sexual abuse.
It is possible that offenders may be attracted to joining large, respected institutions purely for the purpose of gaining access to victims under the guise of offering support and/or guidance during difficult times.
These morally and criminally aberrant acts are very damaging to the reputations of those in ministry who have entered orders in true faith that they may offer hope, help and the benefits of a loving community to their parishioners. The damage to those who identify closely to the Catholic ideology and all that this encompasses could be potentially life shattering. I feel that until the cost of the actions of corrupt leaders and perpetrators can be quantified and found detrimental to the Catholic Church, not only on a criminal level but also on a monetary level, little changes will be carried out within the culture of the institution. I want my 16 year battle against my perpetrator to make a lasting change. This is why I am still fighting.
Live your Bliss
Mairead



Reference
*Barbaree, H.E. & Marshall, W.L. (1988). Deviant sexual arousal, offense history, and
demographic variables as predictors of reoffense among child molesters.Behavioral Sciences and the Law, 6 (2): 267-280.
*Fitzgerald, J. (2006). The Attrition of Sexual Offences from the New South Wales
Criminal Justice System. Sydney [NSW]: NSW Bureau of Crime Statistics & Research
*NSW Child Protection Council, cited in Dympna House 1998
*Weatherburn, D., NSW Bureau of Crime Statistics,
Chan 9 TV Sunday Program 3.7.2001)


















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