Speaking the Unspeakable,Naming the Unnameable: The Royal Commission into Institutional Responses to Child Sexual Abuse

ABSTRACT

The establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse followed years of lobbying by survivor groups, damning findings from previous inquiries, and increasing societal recognition of the often lifelong and intergenerational damage caused by child sexual abuse. Through extensive media coverage, the Royal Commission brought into public view the reality that the sexual abuse of children was widespread, and its recommendations are prompting organisational, policy, and legislative reform. This article explores the background to the Royal Commission, situating it within the history of previous inquiries and growing community outrage at the failure of institutions to adequately protect children and respond appropriately when abuse occurs. The article explores the ways in which the Royal Commission, more so than previous inquiries, brought child sexual abuse into public discourse. It also serves as an introduction to this special issue of the Journal of Australian Studies, which illustrates how the Royal Commission has fostered new scholarship across a range of disciplines as researchers engage with complex issues related to institutional child sexual abuse, its history, causes, impacts, and the important role of inquiries in confronting it.     

Sexual Abuse as the Core Transgression of Childhood Innocence: Unintended Consequences for Care Leavers

ABSTRACT

The decision of the Gillard government to establish a royal commission in 2012 was acclaimed by care leavers. However, they were soon disillusioned: it was not the royal commission for which they had long struggled. Its terms of reference were too broad, encompassing a range of institutions never before the subject of official inquiries, yet also too narrowly focused on sexual abuse. Care leavers who suffered other forms of abuse were excluded. This paper argues that, while care leaver advocacy contributed to the decision to establish a royal commission, the agenda was a product of other pressures fuelled by state-based inquiries about cover-ups of sexual abuse of children, particularly by clergy. Sexual abuse could no longer be regarded as a sin to be handled in-house by institutions but a crime for which the state carried superordinate responsibility. The government had to intervene to address society’s “ultimate collective shame”. The Royal Commission into Institutional Responses to Child Sexual Abuse has made a massive contribution to our understanding of child sexual abuse and to reforms in child protection policy and practice. But its mandate created unintended consequences, and questions remain about the unmet needs of care leavers who suffered other forms of abuse.     

“Soul Murder”: Investigating Spiritual Trauma at the Royal Commission

ABSTRACT

During its five-year tenure, the Royal Commission into Institutional Responses to Child Sexual Abuse established that faith organisations, with inadequate practices of organisational transparency and accountability, hierarchical structures of power, and patriarchal cultures, have poor track records in child protection and high levels of child abuse. Evidence from the Royal Commission hearings identified spiritual trauma as an outcome of child sexual abuse across several religious organisations including the Catholic Church, the Anglican Church, the Salvation Army, the Yeshiva Jewish School in Melbourne and Sydney and the Satyananda Ashram in NSW. The Catholic Church had the highest levels of institutional child sexual assault and was the site of most of the narratives of spiritual suffering. This article examines existing research on spiritual trauma with regard to child sexual abuse, applies a five-point classification model developed by Kenneth Pargament and colleagues for identifying and analysing spiritual damage, and examines the evidence from both survivors and expert witnesses that was heard during relevant public hearings involving the Catholic Church at the Royal Commission. Institutional responses to spiritual injury will be considered and it will be argued that the Catholic Church is a distinctive institution that has produced a powerful culture of spiritual identity and belonging, where the impact of child sexual abuse has resulted in a loss of faith for many survivors, families and communities.     

“I Fought. I Screamed. I Bit”: The Assertion of Rights Within Historic Abuse Inquiry Transcripts

ABSTRACT

This article examines how treating historic abuse inquiry testimonies as retrospective assertions of rights can help to shed light on how this abuse was able to occur and how memories are recalled in an inquiry environment. It presents its approach as a possible framework for other historians seeking to analyse testimonies with sensitivity. It uses, as an example, a case study from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse concerning two interrelated “homes” for girls, showing the ways in which abuse survivors can use their testimonies to assert rights denied them in the past and further the goals of public inquiries.     

Abuse and Cruelty in Religious Bureaucracy: The Case of the Anglican Diocese of Newcastle

ABSTRACT

This paper draws on critical theories of organisations to question why child sexual abuse is a frequent correlate of male authority in institutional settings. While acknowledging the role of other risk factors, the paper suggests that the contemporary bureaucratic form is itself conducive to child sexual abuse. This argument is developed through an analysis of Case Study 42 of the Royal Commission into Institutional Responses to Child Sexual Abuse, centred on allegations of sexual abuse by the clergy and laity in the Anglican Diocese of Newcastle. The extensive allegations of abuse in the diocese illustrate how rationalised structures of governance and oversight can facilitate rather than inhibit child sexual abuse. The analysis advanced by the paper contests the assumption that institutional abuse represents the deformation or paedophilic “infiltration” of otherwise neutral organisational arrangements. Instead, the paper emphasises how rationalised institutional structures can mystify relations of domination and promulgate a milieu in which children are viewed instrumentally as the means for the fulfilment of personal drives.     

Institutional Abuse: A Long History

ABSTRACT

This article explores the long history of institutions for children in Australia and of the existence of abuse within them. By examining the function that such institutions were designed to perform, and the forms and structures that were devised to best achieve such purposes, the article argues that abuse was all too often not simply inherent in, but essential to, institutional operation. It pays particular attention to the classification of children deemed to be in need of institutional “care” and shows how, through a process of “othering”, their institutionalisation too often rendered them vulnerable to abuse.     

Inequalities of Redress: Australia’s National Redress Scheme for Institutional Abuse of Children

ABSTRACT

The national redress scheme proposed by the Royal Commission into Institutional Responses to Child Sexual Abuse is unique and unusual in the world of government redress. It is unique with its inclusion of both care leavers and non-care leavers (it is the only government scheme to do so), and it is unusual in focusing on sexual abuse alone (18% of government schemes do). These unique and unusual qualities come at a price for justice. Care leavers and non-care leavers are different groups with respect to their experiences of abuse and social status as child victims. Unless these group differences are explicitly recognised in guidelines for the monetary payment, care leavers will be disadvantaged. Two corrective measures are proposed: adopting an inclusive understanding of sexual abuse in closed and open settings, and addressing the negative bias that may result from care leavers’ lower social status as children compared to that of non-care leavers. Their lower status is likely to affect (that is, devalue) judgements of the severity and impact of abuse.     

“Children in a Terrible State”: Understandings of Trauma and Child Sexual Assault in 1970s and 1980s Australia*

ABSTRACT

The Royal Commission into Institutional Responses to Child Sexual Abuse has shown us the multitude of ways that children were vulnerable to sexual violence. This article explores child sexual abuse outside of institutions, and the development of concepts of trauma in Australia in the 1970s and 1980s. From the mid-1970s, there was increased social, medical and legal focus on child abuse. Driven originally by feminists, there was a new interest in the psychological impacts of abuse, including analysis of the grief, despair, fear and anger experienced by survivors. The explosion of interest in child sexual abuse was mainstreamed in the Royal Commission into Human Relationships (1974–1978) and in discussion leading up to the United Nations Convention of the Rights of the Child (1989). Across the 1980s, public recognition grew concerning the dangers of sexual violence against children, and, in particular, the increased knowledge and interest in intra-familial assaults. This article will chart the dramatic shifts in public consciousness around sexual abuse, particularly around ideas of harm and trauma. It will also suggest that despite a substantial change in cultural views on sexual assault, improvements for child victims were slow to filter through to the criminal justice system.     

Keeping it in the family: prosecuting incest in colonial Queensland

Abstract

This article examines forty-six criminal charges of lineal family sex crime in Queensland between 1870 and 1900. It finds that the special incest provisions introduced with increases to the age of consent in 1891 did not radically alter prosecution practices of father-daughter rape. While the new law did bring more cases before the courts, persisting cultural attitudes about the character and respectability of working-class girls, the dynamics of families under exaggerated paternal control, and the inviolability of the colonial family home continued to affect patterns of abuse and the regulation of incest in the last decade of the nineteenth century.     

When is a Child not a Child and Other Questions—A Commonwealth-wide Overview

Abstract

Although international human rights instruments assume a universalism of application and the United Nations Convention on the Rights of the Child is one of the most ratified instruments in the world and therefore most likely to have global if not universal application, in fact understandings of childhood and definitions of ‘child’ or ‘children’ are very variable not just in different social and cultural contexts but in laws as well. This creates a number of challenges for formulating cross-boundary policies and programmes, because on the one hand these differences cannot be ignored, but on the other hand they should not be seen as insurmountable barriers to the advocacy and promotion of children’s rights. This paper presents an overview of difference and similarity in the Commonwealth and considers some of the challenges that these may present in formulating strategies for international organisations such as the Commonwealth.     

The dark side of the family: paternal child homicide in Australia

Abstract

Feminist scholars have produced an extensive literature on the social, economic, psychological, and criminological aspects of female infanticide. By contrast, there have been few historical studies of fathers who have murdered their children. This article analyses the problem of paternal filicide in three ways. First, it contextualises state responses to child homicide in relation to the government's wider treatment of violence in the home. Second, it analyses men's stated motivations for child murder, highlighting the significance of their conceptions of fatherhood and family to their violent actions. And finally, it interrogates onlookers' understandings of male violence, showing that the family was central to the boundaries onlookers drew between understandable and incomprehensible violence. Overall, the article shows that fathers' violent acts stemmed from significantly different social pressures to maternal child killing. The various interpretations of male violence tell us much about historical understandings of fathers' responsibilities, men's family roles, and the place of violence in the home.     

Mythologizing war: legacies of conflict in Croatian parliamentary debates

ABSTRACT

The paper analyses almost fifteen years of Croatian parliamentary debates and identifies a discourse of war legacies. Using the latest advancements in natural language processing, the paper utilizes models based on latent semantic analysis and discusses how politicians talk about war in terms of common narratives and shared frameworks. Using a complex vector representation of war-related concepts, the paper specifically focuses on their framing in the context of right-wing authoritarianism. The results show a negative trend of pushing the most frequent war-related concepts to more extreme framing as a potential reflection of their political abuse and ongoing mythologization.     

Discourses of the Vanishing: Modernity,Phantasm, Japan by Marilyn Ivy

Abstract

Discourses of the Vanishing has been anticipated for several years now; it won't disappoint. Despite the rising number of authors who seek to “explain” Japan or attack its essentialism, Ivy is one of the few who have the understanding of modernity and the methodological tools to excavate the celebration (Japanese and American) of Japan's “uniqueness.” Discourses is by far one of the most sophisticated inquiries into what Ivy calls—properly I believe—the “Japanese thing.” The juxtaposition between the singular, thing, and plural, discourses, suggests her overall theme: to discuss the always incomplete reconfigurations of the many pasts that have existed within the archipelago into a singular ideology of Japan.     

Does ASEAN Matter? International Relations Theories,Institutional Realism,and ASEAN

Abstract

The 1997 economic crisis and the ensuing political and social disorders not only have put regional security at stake, but also have seriously challenged the relevance of the Association of Southeast Asian Nations (ASEAN) in regional affairs. This article introduces a new institutional theory – institutional realism – to address the widely debated questions: Does ASEAN matter? If so, how? It argues that (1) ASEAN still matters in terms of coping with extra-regional threats through an institutional balancing strategy; (2) ASEAN's future depends on its institutional consolidation in dealing with intra-regional security problems.     

Review: Lucian Pye,The Spirit of Chinese Politics

Abstract

The most appropriate review of Professor Pye's “psychocultural” study of Chinese politics would be an analysis of his personal motives for writing it. This might be approached via his childhood experiences as a missionary's son in China, or, alternatively, through his connections with the CIA in adult life. However, since this review argues that such an analysis (i.e., the method of his book) is unfair and irrelevant because it is an attempt to discredit ideas without examining the truth they may contain, I will try to set an example by confronting instead the ideas he presents and the assumptions which underlie them.     

Political Order in Occupied Societies 1 : Realist Lessons from Germany and Japan

Abstract

The American occupations of Germany and Japan have many lessons to offer the United States today as it contemplates creating new political orders in Afghanistan and Iraq. The lessons that are to be drawn are not, however, the ones that are usually drawn by the current administration and others. First and foremost, a systematic comparison with the German and Japanese experiences clearly shows that the preconditions for democratization are not present in the contemporary cases, suggesting that the United States needs to recalibrate its objectives. Instead of seeking democratization, the United States should try first to create stability, even as it creates at least the institutional forms on which a more pluralistic political system can eventually be erected. The U.S. experience with state building in the Philippines and South Korea may be more relevant today than the German and Japanese cases. Other lessons that can be drawn from the German and Japanese as well as other past U.S. experiences with occupying countries include: the importance of finding a common threat that can unite enough indigenous elites that order can be established; integrating the new states into regional systems; and perhaps most importantly, using the instruments of transitional justice (trials, purges, censorship, etc.) in a fashion calculated to rehabilitate and incorporate supporters of the old regimes while delivering a modicum of justice.     

Introduction: two spaces of subsidiarity?

ABSTRACT

Scholarship on subsidiarity conducted since the nineteenth century has developed two strands of interpretation suggesting competing models of social organisation as far as the potential location of decision-making power is concerned. While this intellectual effort has mainly concentrated on political experiences in continental Europe, and gained further traction with the principle’s recognition in European Union law, the institutional architecture of Commonwealth countries has experienced relative neglect. This collection, however, examines the debates around competing ordering principles with evidence coming from operational problems of Westminster style democracies in four world regions, and considers how a multi-disciplinary perspective can guide comparative analysis.     

Depoliticisation and ahistoricism of transparency and accountability via global norms: assessing the EITI in Ghana and Nigeria

ABSTRACT

While extant assessments of the Extractive Industries Transparency Initiative (EITI) have focused on institutional and regulatory regimes, such evaluations have largely tended to depoliticise institutions. This article argues that a more robust understanding of EITI processes must give central attention to historically situated political structures and power relations that continue to shape the present institutional quality/capacity of extractive industries' transparency, and EITI reforms. Assessing the EITI in Africa through the lens of historical institutionalism clarifies how global governance regimes interface with specific institutional pathways, state-corporation-civil society configurations, and historical legacies to produce outcomes that may complement or undermine intended reforms.     

Regulating the race: Aboriginal children in private European homes in colonial Australia

Abstract

This article focuses on the incorporation of Aboriginal children into European families on a private basis in the colonial era. While state-based missions and reserves were central sites where Aboriginal children were placed, other Aboriginal children were privately placed with European families during the colonial era. This article explores the shifting reasons for this practice. It finds that Aboriginal children who entered European families away from the control of the state came under the control of Europeans through a variety of ways. Initially, Aboriginal child removals were conducted during the course of violent frontier conflict or involved children who had been impacted by introduced European diseases. Smaller numbers of Indigenous children were taken as objects of curiosity. As the nineteenth century progressed, however, it became increasingly common for settlers to take Indigenous children for labour purposes. The article argues that the white middle-class family was positioned as a site for “civilising” children, where the moral regulation of childhood was conducted. This article adds a new dimension to colonial understandings about the role and structure of the family. It also expands understandings about Indigenous child removal in Australia's past.     

After and Beyond Amoral Familism: The Impact of the Economic Crisis on Social Capital Italian-style

Abstract

The economic crisis that began with the great crash of 2008 has brought about a significant increase in inequality in Italy between individuals and families as well as between different geographic areas. A higher degree of inequality has had negative effects on social capital, reducing so-called bridging and linking elements of social capital while strengthening bonding elements, with a concomitant decline in civic culture. These effects can be dangerous for democracy, in so far as they lower the citizens’ trust in institutions. Since social capital is created as well as destroyed by political and social actors, a relevant question is whether these actors have had a role in transforming social capital into trust in institutions. From an analysis of the changes that have taken place in the Italian political system, it would appear that a significant segment of the political system has destroyed more institutional social capital than it has helped to create.