Changing institutional culture in the wake of clerical abuse - the essentials of restorative and legal regulation

Date

2019-05-08

Authors

Foley, Tony

Journal Title

Journal ISSN

Volume Title

Publisher

Routledge, Taylor & Francis Group

Abstract

The Australian Royal Commission into Institutional Responses to Child Sexual Abuse completed its final report in December 2017 after five years of hearings. The Royal Commission was the culmination of pressure from a series of public inquiries about institutional sexual abuse and sustained advocacy from victims and survivor support groups. The Commission made recommendations designed to change institutional leadership, governance and culture. The challenge is to have that change embedded in institutional culture. This paper considers how this might be done in a specific institution, the Catholic Church given that more than two-thirds of reported abuse in faith-based institutions occurred within its ranks. Regulatory theory suggests effective regulation must be responsive to past institutional behaviour. In the case of the Church, the task is profound given its strong self-protective culture which has long shielded abusers. The form of regulation must provide a balance where criminal sanctions loom large in the background while redress processes proceed in the foreground to repair both the harm suffered by survivors and renew Church culture.

Description

Keywords

Clerical sexual abuse, restorative justice, Royal Commission into Institutional Responses to Child Sexual Abuse, criminal offences, regulation

Citation

Tony Foley (2019) Changing institutional culture in the wake of clerical abuse – the essentials of restorative and legal regulation, Contemporary Justice Review, 22:2, 171-187, DOI: 10.1080/10282580.2019.1610943

Source

Contemporary Justice Review

Type

Journal article

Book Title

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License Rights

DOI

10.1080/10282580.2019.1610943

Restricted until

2037-12-31