In court proceedings in Western Australia, the Anglican Church finds itself at the centre of a complex case involving historical child sexual abuse. Two survivors of child sexual abuse are seeking to include the Church (as a further defendant) in proceedings related to abuse they endured at the hands of an employee of the Western Australian Cricket Association. This article explores the Court proceedings, the Church's position, and the broader implications for institutional responsibility and duty of care in child protection cases.
The Roy Wenlock child sexual abuse case
Roy Wenlock, now deceased, was employed by Anglican Church hostels between 1963 and 1977, during which time he committed offences against children. He subsequently worked for the Western Australian Cricket Association (WACA) for 29 years, where allegations of continued abuse have surfaced.
The extent of Wenlock's abuse was revealed in a 2012 parliamentary inquiry investigating systematic sexual abuse at state-run hostels in WA. This inquiry brought to light the historical nature of the offences and the complexities surrounding institutional responses to such cases.
Proceedings in the District Court of Western Australia
Two men who allege they were sexually abused by Wenlock during his employment at the WACA in the early 1990s are seeking to include the Anglican Church in their child sexual abuse compensation claims. Their claims centre on the assertion that the Church should have informed the WACA about Wenlock's history of abuse.
The Church is defending its position.
The Church's defence
The Anglican Church's defence rests on several key arguments that align with interpretations of established legal precedents.
- No duty to protect from third-party conduct: Counsel for the Church emphasised that courts have consistently held that a person or entity does not have a duty to protect someone from the conduct of a third person.
- Lack of control: The Church argues it had no control over what happened to these two abuse survivors after Wenlock left their employment, a crucial factor in determining duty of care.
- Speculation: The Church contends that any assumption about what might have happened had they informed the WACA would be "pure speculation", which cannot form the basis of a duty of care.
These arguments highlight the complex legal landscape surrounding historical abuse cases and the challenges in establishing duty of care across different organisations and time periods.
Implications for institutional responsibility in child sexual abuse cases
This case raises important questions about the extent of institutional responsibility in cases of known child sexual abuse. It challenges the limits of duty of care and asks whether institutions have a legal obligation to share information that could potentially prevent further abuse.
In this particular case, the two abuse survivors argued that the Anglican Church was aware that Roy Wenlock was a sexual predator and had a duty of care to inform the WACA of Wenlock's known history of abuse.
Judge Terence Palmer has reserved his decision on whether the claims against the Church should be dismissed. The outcome of this case could have significant implications for how institutions handle information about known sexual abuse offenders and their responsibilities to potential future victims.
Get help from an abuse compensation lawyer
Cases involving historical abuse are often complex and emotionally challenging. If you or someone you know has been affected by institutional abuse, it's important to seek both legal and personal support.
At Hall Payne Lawyers, we have experience in handling sensitive cases related to institutional abuse. We can provide confidential advice on your legal options and guide you through the process with compassion and expertise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.