Kelly Clark, Attorney | Boy Scout Sex Abuse

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Abusers, abettors deserve public wrath

Thursday, February 21, 2008
KELLY CLARK and PAUL MONES

The Oregonian series on sexual abuse in the public schools is as important a piece of journalism as the landmark 2002 Boston Globe series on the sexual abuse scandal in the Catholic Church.

Those school districts, administrators, teachers and teacher union representatives -- who The Oregonian exposed as turning a blind eye to the pain, suffering and exploitation of children and teens -- are every bit deserved of the public’s wrath as the bishops and priests who condoned and conspired to cover up the sexual abuse of children by priests. The power exercised by the teachers union in protecting its own is what dioceses have historically done with respect to predatory priests.

The response of our schools to sexual abuse sounds eerily familiar: confidential settlements, clandestine financial deals and abusive teachers moving from district to district. The actions of the schools are perhaps more egregious because state law requires that parents send their children to school and imposes on schools the legal obligation to protect the health, safety and welfare of children delivered into their care. That’s why the law mandates that teachers and administrators report suspicions of child abuse to appropriate authorities. Tragically, our schools have placed the avoidance of scandal and the good name of a teacher over the protection of children.

Though individual teachers and principals who ignore the complaints and obvious signs of abuse are to blame for this sordid situation, real responsibility also lies with the state Teacher Standards and Practices Commission, which is operating under remarkably naive and myopic rules and regulations. The commission that hears the complaints of abuse should not be in the business of giving second chances to teachers who admit to sex-related offenses with children. Teachers who engage in any sexually predatory behavior with children should not have contact with children. It is a no-brainer. The research is clear: Except in the most rare and unusual circumstances, adults who are attracted to, or sexually aroused by minors, do not typically change their behavior.

The commission can’t even keep up with hearing the complaints. To give it the added responsibility of rehabilitating even so-called "good educators" is foolhardy. As attorneys who have spent our careers protecting children, we abhor the executive director’s cavalier pronouncement that the commission makes discipline decisions based upon "gut feelings."

The message from our public educational establishment is clear: When it comes to the matter of sexual abuse, the first priority is not the children but the teachers.

We heartily support The Oregonian’s recommendations for reforming this abysmal situation; however there are two efforts that can be undertaken right now. First, there must be stringent enforcement of the mandatory reporting laws, which require teachers and school officials to report suspicions of abuse. There is no doubt that fellow teachers, administrators and school districts that ignore such complaints or agree to silent deals to allow predatory teachers to go quietly away are endangering children. Those who do not report their suspicions of abuse to lawful civilian authorities should be prosecuted. The other method that has proven especially effective for the Catholic Church is civil litigation. If there is one thing cash-strapped school districts can ill-afford, it is paying money damages for grossly negligent and reckless behavior.

Kelly Clark is a Portland trial and appellate attorney who has represented plaintiffs in litigation against the Catholic Church, the Mormon Church, the Boy Scouts, public schools, and other "institutions of trust." He is a former Oregon legislator. Paul Mones is an attorney specializing in the children’s rights.

It’s Not About Sex

By Christa Brown

01-22-08

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Christa Brown is Baptist coordinator for the Survivors Network of those Abused by Priests

Thinking that clergy sex abuse is about sex is like thinking the Bataan Death March was about marching.

Yet, over and over again, Southern Baptist leaders talk about clergy sex abuse as though it were just another form of "sexual sin." Repeatedly, I’ve seen them list child molestation along with such things as pornography, adultery and even lustful thoughts. They lump it all together and call it "sexual sin."

This suggests that they think it’s about sex.

It’s not.

It’s about a predator’s need to have absolute power over another human being. It’s about control and dominance.

Sexual abuse and sexual assault are powerful tactics to dehumanize and degrade others.

When you combine the tactic of sexual assault with the authority of a pastor and the weapon of God’s word, the dehumanization of the victim is complete.

There is no weapon more powerful than the word of God in the hands of a perverse pastoral con man who traps true believers as prey.

If a stranger had pulled out a knife, I might have stood a chance. At least I would have seen what confronted me and would have known it was a weapon.

But how should I have known to run from the word of God? How should I have known that Bible verses could be transformed into weapons?

With the coercion of God’s word, I didn’t see it as a weapon. My every instinct was to feel safe in the word of God and safe in the house of God.

Like a fish in a barrel, there was no escape from the boundaries of my own self-identity.

How do you run from the faith that you hold in your own head? How do you run from a faith so strong that it’s the very core of who you are? How do you run from your own soul?

There’s a reason why clergy abuse victims are almost invariably the most devout of kids. It’s the strength of their own faith that renders them vulnerable. It makes them gullible and trusting of religious leaders. It makes them easy prey.

Because it’s all so incomprehensible, the ways we find to survive often seem incomprehensible as well. Survival often means pushing it as far back to the darkest corner of our brain as we possibly can. We bury our memories to save our sanity. But the pain lives on.

We are people who have been violated and degraded not only physically, emotionally and psychologically but also spiritually. The very essence of who we areour very soulsare sullied, stomped, stripped and subjugated.

And how are we to heal when our primary resource for healingour faithis something we can no longer trust? How are we to heal when the part of our brain that held our faith is now the scorched land of the predator, and our instinct is now to run from it?

If this were all simply about sex, it would be so much easier. But it’s not.

It’s not about sex for the perpetrator, and it’s not about sex for the victim.

Most Southern Baptist leaders just don’t seem to understand this. It’s a huge disconnect in their thinking. And it’s a disconnect that degrades the survivors still more and expresses itself in the way Baptist leaders treat them.

So why don’t they get it? Why do Baptist leaders persist in acting as though clergy sex abuse is about sex?

Perhaps it’s because it makes it easier for THEM. Perhaps it allows them to think about clergy sex abuse in a way that seems to make some sense and that fits with things they know. Perhaps it makes their own world feel safer and more normal. Perhaps it’s because it allows them to perceive their clergy colleagues as men who have merely "fallen into sexual sin" instead of as predators who have wielded faith as a weapon for assault.

I can’t actually know the reason for the disconnect in Baptist leaders’ thinking. But this much I do believe: If Baptist leaders keep thinking clergy sex abuse is about sex, they will keep minimizing the horror of it.

Christa Brown <mailto:christa@stopbaptistpredators.org> is the founder of Voice to Stop Baptist Predators <http://stopbaptistpredators.org/index.htm> and Baptist coordinator for the Survivors Network of those Abused by Priests. This column appeared previously on her blog <http://stopbaptistpredators.blogspot.com/> .

Previous columns by Christa Brown:

Good Samaritan Holds Lesson for Treatment of Clergy Abuse Victims <http://www.ethicsdaily.com/article_detail.cfm?AID=9774>

Baptist Leaders Must Take Action for Protection of Kids <http://www.ethicsdaily.com/article_detail.cfm?AID=8394>

Menorahs’ Lights Bring Thoughts on Denial and Evil <http://www.ethicsdaily.com/article_detail.cfm?AID=8285>

Language of Foley Report Might Also Apply to Baptist Leaders <http://www.ethicsdaily.com/article_detail.cfm?AID=8272>

Baptist Autonomy Ignored in Investigating Gays, But Not Clergy Child Molesters <http://www.ethicsdaily.com/article_detail.cfm?AID=8174>

SBC Clergy Predators ‘Wolves’ in the Church <http://www.ethicsdaily.com/article_detail.cfm?AID=8070>

Clergy Predators Are As Crafty As Cyber-Predators <http://www.ethicsdaily.com/article_detail.cfm?AID=8046>

Baptist Leaders Blind to Their Responsibilities <http://www.ethicsdaily.com/article_detail.cfm?AID=7984>

Give victims more time to file sexual-abuse claims

BY MARCI A. HAMILTON
Newsday.com
Marci A. Hamilton is a professor of public law at the Benjamin N. Cardozo School of Law and author of the forthcoming "Justice Denied: What America Must Do to Protect Its Children."

November 9, 2007


Who would have thought that the Oprah Winfrey Leadership Academy in Johannesburg, South Africa, could be a place where girls could be physically and sexually abused by one of the dormitory matrons?

Winfrey, after all, has been a vocal and active advocate for survivors of child abuse, having experienced this horror as a child herself. You can only imagine her anguish when she heard that the institution she created to nurture girls was doing the opposite.

There is a lesson here for everyone: Those who abuse children typically select careers close to them. Whether they choose to be teachers, dormitory matrons, clergy or Boy Scout leaders, they position themselves to have the greatest access to children.

They are scheming and devious to serve their sexual compulsions. Even when the one who is supporting the organization is especially sensitive to child abuse, as is Winfrey, these are people who are very hard to identify.
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Church representatives hear how to reduce kids’ victimization

By RICHARD KOE

Christian News Northwest

    PORTLAND — More than 70 pastors and church leaders got a heavy dose of information about sex offenders in the church and faith community at a seven-hour advanced workshop on Oct. 25 at the Quality Inn & Suites in northeast Portland.
    The main message they received from four featured speakers — a treatment specialist, lawyer, and police members of a child abuse team — was to simply report any incident of child sex abuse in a church or faith community, and let the professionals investigate and follow up.
    The conference was organized and co-sponsored by Eric Bahme of Eastside Foursquare Church and Jim Cottrell of Freedom House, Noting that some 3,500 churches nationally have responded to allegations of sexual misconduct in programs involving children and youth the past 10 years, they said the conference sought to help reduce the rate of child victimization in the faith community.
    Cory Jewell Jensen, co-director of the Center for Behavioral Intervention in Beaverton, treats adult sex offenders and provides training or consultation to the National Center for the Prosecution of Child Abuse as well as law enforcement and advocacy groups.
    She suggested a safety plan for churches regarding child sex offenders who may frequent their organization, such as treating everyone the same, training the pastor and staff, reviewing work contracts, checking a person’s history, requiring workers to sign a release, and encouraging offenders to keep up their training.
    Churches have been too forgiving and gullible and need training, Jensen noted. Leaders should be informed of any sex offender in their midst, and share that information with other churches and within their denomination.

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“I Wish I Could Just Blame the Democrats”--Child Abuse, Institutions of Trust, and Public Policy.

Kelly Clark, Esq.
O’Donnell and Clark Annual Firm Dinner
September 19, 2007,
Monarch Hotel
Clackamas, Oregon.

A Defense of Our Work.

Mark asked me to speak to you tonight about the work on the child abuse cases that I and the litigation team at O and C have done for the last several years. Many of you know something about these cases, some of you probably know very little. Anyway, I told MOD I was happy to do it, but that it didn’t seem to me to fit the general context of our dinners– which have always been concerned with some aspect of public policy. "Well," he said, "you blame everything else on the Democrats; I’m sure you can find some way to blame them for child abuse." Hmmm… tempting.

As I thought about it, however, it did occur to me that, while these cases against churches, schools, youth groups and such do not lend themselves directly to a political discussion, yet there are aspects of this work that, I have come to believe, do raise interesting questions of public consequence. It will be my goal tonight to explain what is at stake in these cases, why it is important to bring them– first of course for the survivors, for whom it is all about justice and healing. But also, more to the context of our dinner, why it is important for society that the institutions of trust in which these cases usually happen regain and retain our trust. For I will argue that these institutions of trust– elsewhere called Mediating Structures, elsewhere called 1000 Points of Light– are a critical component of any free society, an important guardian of liberty. And I will also argue that the litigation we bring against them is necessary, a radical surgery, but one unavoidable if the infection of child abuse is to be healed and these entities cleansed.

Now if it sounds like this thesis is a bit defensive, I confess defensiveness. So often I am confronted by those who, of course do not condone child abuse, still seem confused or even angry that we would regularly sue such rightly revered institutions as the Catholic Church, the Boy Scouts, the Mormon Church, schools, athletic leagues, youth organizations and others. I know very few people who are not loyal to one or more of these groups, and I often sense they are troubled in some way that they seem not to be able fully to articulate. Well, I will try tonight to articulate what it is that troubles them, and you, about these cases, and at the same time to offer a defense of our work– an apologia pro labore sua, to borrow a phrase from John Henry Newman.

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The Silent Survivors: Cases against the Catholic Church may end, but the struggles of the abuse victims go on

The Register Guard
Op-Ed


Amidst all the congratulations going around these last days concerning the long-awaited resolution of the Archdiocese Bankruptcy, I have noticed a particular tendency among nearly all involved to want to move on and put the past behind us. At one level, I wholeheartedly agree with those sentiments. It is time for this Archdiocese to heal. As a lawyer who has represented over one hundred individuals with claims against the Catholic Church, including forty-one in this Bankruptcy, I have pledged my assistance to the Archbishop, and to his lawyers, in doing whatever I can do to facilitate that healing. The Archdiocese needs it, the larger faith community needs it and our city and state need it.

At the same time, however, the duty I have to the courageous men and women I have represented requires me to remind the community that, while it is all well and good to say let us move on, it is not that simple for the abuse survivors. Between the long delays of the bankruptcy, the breathtakingly broad gag orders, and the natural tendency of child abuse survivors to stay silent, their voices have not been heard in many, many months. As I have listened over the last fifteen years to the stories of boys and girlsnow men and womenwho were abused by priests, teachers, nuns, and others they trusted from a Church they loved, and then as I have heard comments from the community these past days and months, I am reminded that there is still much misunderstanding about the nature of priest sexual abuse and its impact. The people who came forward to name their abuse have struggled too hard, for too long, too courageously, to let any misconceptions about what happened to them go unanswered. The misunderstandings and myths we have often heard about child abuse and its survivors in the past years need to be corrected.

 

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