12.07.2015 Views

Seattle University Collaborative Projects - International Academy of ...

Seattle University Collaborative Projects - International Academy of ...

Seattle University Collaborative Projects - International Academy of ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Nieke Elbers, VU <strong>University</strong> (n.elbers@vu.nl)Quite some empirical studies have investigated the effect <strong>of</strong> being involved in compensationprocesses on well-being and recovery <strong>of</strong> claimants. Some studies concluded that compensationprocesses did not have an effect on health. The majority <strong>of</strong> studies, however, found that injuredpeople who are involved in a compensation claim process recover less well, and have reducedphysical and mental well-being compared to people with similar injuries who are not involved incompensation. Studies <strong>of</strong>ten give two explanations for the compensation effect: the first is thatclaimants may unconsciously perpetuate illness behavior for as long as the compensation processlasts (secondary gain). This theory may imply that claimants would recover as soon as theyreceive their compensation. Some studies indeed found that settlement <strong>of</strong> the claim improvedhealth compared to pending claims. Other studies, however, did not show a relation betweenclaim settlement and mental health or recovery. The second explanation for the fact thatclaimants recover less well is that they may experience renewed victimization because <strong>of</strong> thestressful elements <strong>of</strong> the compensation process (secondary victimization). This paper discussesthe available evidence for the anti-therapeutic effect <strong>of</strong> compensation processes, attempts toidentify its strengths and weaknesses, and makes suggestions for future research.Minimising Re-Traumatisation: ‘Trauma-Informed’ Resolution <strong>of</strong>Compensation Claims by Survivors <strong>of</strong> Sexual Abuse Perpetrated by ClergyNicola Ellis, Legal Practitioner, Sydney, Australia (nicola.ellis@optusnet.com.au)In 2007, the Court <strong>of</strong> Appeal in New South Wales (NSW, Australia) held that for survivors <strong>of</strong>‘historical’ sexual abuse by catholic priests, there is ‘no one to sue’ (Trustees <strong>of</strong> the RomanCatholic Church v Ellis [2007] NSWCA 117). There being no legal entity accountable for abuseby priests is due to the particular legislative constitution <strong>of</strong> the Catholic Church in NSW (RomanCatholic Church Trust Property Act 1936). The Catholic Church in Australia has established acomplaint process called ‘Towards Healing’. However, anecdotal reports indicate that fewclaimants have a positive experience <strong>of</strong> that process; most report it was “re-abusive… almostworse than the original abuse… anything but ‘healing.’” The plaintiff in the litigation thatculminated in the 2007 Court <strong>of</strong> Appeal decision was John Ellis, a legal practitioner. NicolaEllis, also a legal practitioner, is his wife and together they travelled the ‘awfulness’ <strong>of</strong> theprotracted litigation and church processes. In 2008, a group <strong>of</strong> men abused by a priestapproached John and Nicola and asked for help. Since that time, they have successfully resolvedcompensation claims for approximately 200 survivors <strong>of</strong> sexual abuse by clergy throughoutAustralia (despite the ‘Ellis defence’). This paper describes the resolution process emerging fromJohn and Nicola’s lived experience: a ‘trauma-informed’, TJ process which minimises risks <strong>of</strong>re-traumatisation and aspires to ensure clients are fully heard, respected, consulted: afforded‘voice and choice’. This paper will describe this process through the voices <strong>of</strong> John, Nicola,survivors, and church representatives.517

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!