VI Jornada de Victimologia. Víctimes (in)visibles International experiences of support to victims of institutional violence. Ivo Aertsen Universitat de Barcelona, 7 de maig de 2015

1. International experiences of
support to victims of
institutional violence
Ivo Aertsen
KU Leuven Institute of Criminology
VI Jornada de Victimologia: Víctimes (in)visibles
Barcelona, 7 May 2015

2. Plan
1. Introduction
2. The case of Belgium
3. Exploring the phenomenon
4. Responding to the problem
5. A model of arbitration
6. A Commission for Recognition and
Mediation

3. 1. Introduction
Our topic:
Historical institutional abuse of minors
Nature of violence: sexual, physical,
psychological
In religious institutions and educational
settings

4. An international phenomenon since
the 1990s
Australia, Austria, Belgium, Canada, Finland, Germany,
Ireland, the Netherlands, Poland, Spain (?), Switzerland,
UK, USA, …
Same pattern in many countries: a scandal leads to
massive reporting
Commissions for enquiry and responding established in
many countries
By the State (government, Parliament, …)
By the Church
Other
Focusing on religious institutions or broader

5. 2. The case of Belgium
Spring 2010: Bishop of Bruges R. Vangheluwe
Massive reporting to Commission Adriaenssens
October 2010: Parliamentary Special
Commission ‘on the treatment of sexual abuse
and facts of paedophilia within authority
relationships, in particular within the Church’
34 sessions
110 witnesses

6. March 2011: Report by Parliamentary
Special Commission:
Figures, findings and observations
Sexual abuse in the church and internal treatment from
1960 onwards
Sexual abuse of minors and treatment in other
authority relationships
The role of criminal law, criminal justice system, and
developments within criminal policies
Assistance to victims
Proposals and recommendations

7. Follow-up
Follow-up Commission in Parliament
New legislation
Procedure and structure for independent
Arbitration system
Within the Church: 10 centres for reporting
and support + Foundation Dignity
2013: Historical abuse of minors in
boarding schools and educational
institutions – Action of Flemish
Government and Parliament

8. Personal observations
The political approach
Definitions and data
Guilt and accountability
Financial compensation
The role of judicial authorities and their
relationship with victim assistance
Reactions within the Church

9. 3. Exploring the phenomenon:
Figures
Initial figures by:
Judicial authorities
Church
Special commissions established by the Church
Social services
Research

10. C1 C2 C3 Tot (N) Tot (%)
1930-1939 1 1 0,5
1940-1949 1 2 3 1,5
1950-1959 3 20 23 11,4
1960-1969 2 6 27 35 17,4
1970-1979 1 9 31 41 20,4
1980-1989 1 3 14 18 8,9
1990-1999 2 2 8 12 6
2000-2011 1 2 7 10 5
Onbekend 6 12 40 58 28,9
Totaal 13 38 150 201 100
Cases reported to Federal Prosecutor

11. Tot (N) Tot (%)
Therapy 39 18
Work restrictions/special conditions 51 24
Removal from workplace/relocation 35 16
Preventive suspension of pastoral activities 26 12
Definitive suspension of pastoral activities 34 16
Others 30 14
Total 215 100
Internal measures taken by dioceses, orders and congregations
(information available for 215 of 273 known cases)

12. Judicial intervention
In 45-70% of the cases (as known by
congregations – dioceses)
Criminal conviction in 1/3-1/2 of these cases

13. Belgium 2012:
628 cases reported to Centre for
Arbitration + 307 to Church centres
80% men
Age of victims and reporting
Flanders - Wallonia: 3:1
See quantitative data Arbitration

14. 4. Responding
Main challenge 1: reporting sexual
abuse
Shame, guilt and non-recognition (self
and society)
Low degree of reporting to police/justice
Reporting confidentially to victim
assistance programmes
Reporting to body within the Church
Legal and ethical issues

15. Main challenge 2: identifying and
understanding the needs
Which focus to use? Role of institutional
context
Intermediate actors: lawyers, media
Defining the needs in which terms?
A central need: recognition

16. Main challenge 3: partial vs. integral
types of response
Limits of judicial response
Responsibilising church authorities
Towards an integral model
Operationalisation through autonomous
structures

17. 5. A model of arbitration
Belgium: model of arbitration, linked to
counseling and mediation
Procedure: two phases:
1. Reconciliation
2. Arbitration
Four categories (max. 25,000 €)
The meeting

18. The meeting
Church
representati
ve
+ lawyer
Members (2 or 3)
of Permanent
Arbitration
Chambre
Victim
+ support
person
+lawyer

19. The experience of the victim
Delayed victimisation experience
Three mutually influencing dimensions: personal –
institutional - societal
Observations and results
How do victims receive recognition?
The role of financial compensation
Some quantitative data

23. 6. A Commission for
Recognition and Mediation
Resolution Flemish Parliament 2014:
“Recognition of the victims of historical violence and
abuse in youth and educational institutions in Flanders
and dealing with violence in general”.
Concrete actions:
Commission for recognition and mediation for victims
of historical abuse
Exhibition Guislain museum for the recognition of the
pain
Sufficient (professional) personal healthcare and
social services
►► Research into the experiences and needs of victims
to support these actions

24. Qualitative research into the needs
of victims of historical violence and
abuse in youth and educational
institutions in Flanders
(Roevens, E. & Aertsen, I., KU
Leuven, 2014)

25. Research themes
Theme 1 Character and complexity
Theme 2 Impact of historical abuse
Theme 3 Significance of the experience
Theme 4 Current needs

26. Selection of respondents
Victim of violence as a minor in the period
1930-1990
Settings
Non-familial dependent relationship
Educational institutions
Welfare institutions
Context of leisure time
Regardless religious beliefs
offender/institution

27. Case description
Type of abuse N
Physical abuse 11
Emotional abuse 10
Neglect 8
Sexual abuse 4
Setting N
Home in replacement of the family 3
Boarding school 7
School 2
Vacation-/health colony 3
Youth club 1
Hospital 2

28. Results - Nature of abuse
Physical
“Then I was tossed around the room, into every corner. I had no idea that
someone could hit someone else so hard with the flat of his hand. The next
day every part of my body was sore.”
Emotional
“You were torn down and torn down and torn down until you finally had
nothing more to say, or weren’t even allowed to think anymore.”
Sexual
“You had to get washed before going to bed: […] and if he was in charge of
the dormitory he would do massage-like things with different boys. It was
extremely intimidating, as if he had power over your body.”
Neglect
“It was almost like being raised like an animal and then let loose on society
when you were old enough and you had to be sure you landed on your feet.”

29. Results - Complexity
Home context
Reason stay
Realisation abuse
Sensation
Response to the abuse
Obstacles to reporting
Mechanisms
Escape and termination

30. Results - Needs
Safety and trust
Prevent and ending violence
►► The mechanism that starts and
maintains the violence and abuse
was ingeniously and could not be
stopped

31. Results- Impact
Evolution throughout the life span
Impacts on different life domains
Psychological
Physical
Professional
Pedagogic
Relational
Social
Practical
Insight society
►► Different triggers, different life domains;
complex and individual combination

32. Results- Significance
►► The experience is and stays a part
of life forever: tempering the
experience is possible, but forgetting
isn’t

33. Results – Current needs
Share the story
Consequences for the offenders
Apologies
Answers to unanswered questions
Contact with other victims
Professional help
Financial allowance
Recognition
►► Also the current needs are individual; recognition
(and sharing the story) seems to be helpful for all
respondents

34. Function of the Commission
for Recognition and Mediation
Reporting: free phone number
(violence in general)
November 2014 – April 2015:
46 persons reporting historical abuse
17 submitted file with Commission for
Recognition and Mediation
Most victims also ask for mediation (with
current director of institution)
Financial compensation asked in 1 case
9/17 files concern female offenders
(religious)

35. More information?
USA: ‘The causes and context of sexual abuse of minors
by catholic priests in the United States, 1950-2010’. New
York: John Jay College of Criminal Justice, City
University of New York (K. Terry et al., 2011)
Ireland: ‘Child Sexual Abuse & The Catholic Church.
Gender, power, and organisational culture’. Oxford
University Press (M. Keenan, 2012)
Australia-Canada: ‘Redressing institutional abuse of
children’. Palgrave Macmillan (K. Daly, 2014)
Ivo.Aertsen@law.kuleuven.be