A Perspective on Risk— - Gallagher · Prayer and Penance, Supervision ......

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A Perspective on Risk—A Crisis Moves from Acute to Chronic to …

HostDennis O’Hara, Gallagher San Francisco

PresenterMark E. ChopkoStradley Ronon LLP, Washington, DC

5.3

2Q:\2012\BSD\NP\Convocation\PPT\Conv12TempVer1.pptx

Introduction

Perspectives from the Inside Out and the Outside InHow did we get started?Where did the train leave the rails? What do we know?What could we know?The dangers of complacency


What We Knew and How We Knew It

Gauthe, Baltazar, PorterFive Principles (removal, reporting, public –insurance)Response, Not PreventionReactive, Not ProactiveTrust, Not VerificationHow many cases? How much money?


How was the abuse reported?

Called

Legal filing

Signed letter

SNAP-School-Adult

Police/any CRJ

cese contacted victim Other

Media Told trusted cleric In person

Anon. letter

Cleric self-reported


Dallas 2002

It always looks darkest before _______?


Present – Overview

Charter & NormsAudited & EnforceableQuantifiable (John Jay Studies and CARA)Proactive (plus reactive)Public (and Private)Preventative (plus responsive)Cooperative (but not Prostrate)


0

200

400

600

800

1000

1200

1400

Number Alleged

1 3 5 7 9 11 13 15 17

Age

Victim Age at Time of Alleged Abuse


Present Stress Points

“Bad Guys”Hurt PeopleAnger at EvasionHigh Case ValuesOpportunities (Changing Legal View)Media

All these factors contribute to “risk”


Legal Context - Opportunities

Except for “windows” and bankruptcies – few bursts of casesIntelligent legal defense important to lower valuesCompassion v. CompensationWar Room Approach to MediaPicking our fights … if we can



What Do The Data Tell Us?

Steady but declining drip of casesNarrow steady band of casesGood Overview of 60 Year ContextPermanent Removal, No Permanent SupervisionPrayer and Penance, SupervisionNo “forward movement” of AllegationsPrevention is the best medicine


Figure 2.3.1 Annual Count of Incidents Reported

and Priests Accused by Year


Figure 2.3.2 ALLEGED INCIDENTS OF ABUSE BY DATE OF FIRST INSTANCE


Nature & Scope dataCARA data (post 2002)


8.32%9.57%

14.42%14.56%

18.31%

14.98%

7.91%

4.99%

2.36% 2.50%0.83% 1.25%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20% 2005 CARA data

8.33% 8.72%

13.22%

17.04%17.53%

15.18%

10.67%

4.21%

2.06%1.18% 1.86%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

2004 CARA data

5.66%6.56%

11.18%

17.29% 17.14% 17.44%

12.67%

3.87%2.53%

1.34%

4.32%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

2006 CARA data

7.90%

9.69%

13.26%12.52%

18.48%

16.24%

9.84%

5.66%

2.53%1.49% 1.04% 1.35%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

2007 CARA data


Assessments

Steady drip of ancient casesNo expansion of repressionKeeping windows closedActive outreach, offers, healing to victimsCooperation with authoritiesTruth telling


Issues for Specific Assessment

Annual diocesan (not USCCB) audit results Trend in annual reports to CARA (if available)Shift in perpetrators – clerics to volunteers?Shift in perpetrators – domestic to foreign?Shift in Date of Allegations?Trends in cases per year? Date on onset?Changes in law?Asset Protection Structures in diocese?


Other Less Specific Issues

Policies – updated? How often?How many cases for review board? Trends?Background checks – how often?Education – expanding?How many priests removed? Where are they?Leadership StyleMedia Curiosity



What (Else) Could Go Wrong?

Failures to Report to Authorities & PublicMedia Cannot Tell Time (and Reproduce at an Alarming Rate)Criminal Scrutiny at Charter –“admitted or established” vs. ALLReport “if required” vs. ALLSelf‐investigation vs. PoliceRole of Victim Assistance Office

Not JUST a Catholic IssueCreep vs. Recession


Horizon Issues

What about the abuse of current minors?Where are the abusers? What are they doing? Who’s watching them?Canonical vs. Practical Meanings and the Relationship with Reporting Pro‐active Use of Review BoardsWhy Don’t (Didn’t) We Just Call the Cops?Is the “Cover‐up” the “Crime”?


Conclusions?

Less overall risk generally but requires careful assessment of each dioceseMuch available data confirms scope of risky behaviors among clergyNeed to look at jurisdiction/ law/ politicsQuantum of cases not moving forward in time for retro‐date purposesNot a time for Complacency


Questions -- Comments

Mark E. Chopko, Esq.

Stradley Ronon Stevens & Young, LLP1250 Connecticut Avenue, N.W. – Suite 500

Washington, D.C. 20036202‐419‐8410

[email protected]

Q:\2012\BSD\NP\Convocation\PPT\Conv12TempVer1.pptx

A Perspective on Risk—A Crisis Moves from Acute to Chronic to …

HostDennis O’Hara, Gallagher San Francisco

PresenterMark E. ChopkoStradley Ronon LLP, Washington, DC

5.3

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