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Independent you: preventing, and recovering from, elder abuse

From implementing safeguards to stop it from beginning to taking back control if it does, there is a lot of power in your hands to avoid elder abuse. Previously, we explored the warning signs of elder abuse and how <a href="https://www.oversixty.com.au/finance/retirement-income/are-you-a-victim-of-elder-abuse-without-even-realising-it">it is possible to be a victim without even realising it</a>. And with more wealth owned by people over 60 now than ever before, the potential for abuse only continues to grow. So, how can you prevent elder abuse happening to you? And if you are already experiencing it, what can you do to regain control over your finances, independence and wellbeing? Prevention better than cure The best way to avoid the impacts of elder abuse is to protect yourself against it beginning in the first place. Awareness is the first step, so having <a href="https://www.oversixty.com.au/finance/retirement-income/are-you-a-victim-of-elder-abuse-without-even-realising-it">read this article and knowing the warning signs</a>, you’re already ahead of the game! Other preventative actions include: <ul> <li>Maintaining contact: social interactions are important not just for warding off loneliness but providing access to other points of view and avenues for support. </li> <li>External advisers: engage your own advisers – don’t simply employ who someone tells you to. They should be an impartial, qualified set of eyes to monitor things for you and point out anything that doesn’t seem right. This includes a financial advisor, lawyer, accountant, doctor and so on. A support person attending appointments with you may give you extra assurance.</li> <li>Power of attorney/guardianship: nominate multiple people, so that no one individual has all the say. It can be useful to include someone who is not a relative for impartiality, such as a trusted friend or your lawyer. </li> <li>Superannuation beneficiaries: super is separate from your will, but beneficiary nominations can only be spouse, child, dependent or interdependent otherwise it will go to you Will. In your Will you can direct to other people or charities. Some beneficiaries lapse, so will need to be renewed.</li> <li>Wills: review your will to ensure it reflects YOUR wishes, not someone else’s. People can jostle over not only their own inheritance but may try to influence you to leave others out. </li> <li>Documenting everything: keep a written record, especially where money is concerned – such as acting as Bank of Mum and Dad for adult kids to purchase property. Outline how much is given, what if any interest/repayments are expected and when, and what happens if their relationship subsequently breaks down.</li> <li>Encouraging independence: people who have come to expect handouts can become abusive if those handouts stop or requests for more are denied. Support and encourage others, especially your kids, to be financially independent and self-sufficient.</li> </ul> Taking back control Sadly, prevention is no longer an option for an <a href="https://www.aihw.gov.au/family-domestic-and-sexual-violence/population-groups/older-people?xd_co_f=YjAzZDU4YTUtYzA5YS00YTNkLWJkNDQtNjdiZTM5ZmY5ZjQx#abuse">estimated 598,000 Australians</a> already experiencing elder abuse. However, it is still possible to break the cycle. Don’t be embarrassed or stick your head in the sand hoping things will improve. You have done nothing wrong. You are entitled to enjoy your retirement years. To take back control over your affairs, your wellbeing and your independence: <ul> <li>Ensure your physical safety first and foremost.</li> <li>Seek medical attention for your physical and mental health (the latter is crucial for making good decisions around the other points on this list).</li> <li>Get support from another relative, close friend, neighbour, or other trusted person. Don’t be alone.</li> <li>Secure a roof over your head. Having a stable place to live gives you the security and focus to tackle other concerns.</li> <li>Freeze access to your money – bank accounts, credit cards etc. This will stop (further) unauthorised withdrawals or purchases being charged to you.</li> <li>Seek professional advice. Your financial adviser, tax accountant and lawyer will be able to guide you through protecting your home, money, guardianship and estate planning matters.</li> <li>Make informed changes. Don’t do anything rashly – make necessary changes once you have sought independent advice and considered your options. This may involve making changes to your power of attorney, will, superannuation, bank accounts, even your phone number in extreme cases.</li> <li>Consider counselling. Your abuser may not realise the severity of their actions. An independent counsellor may be able to help them see this and change their ways, and ultimately salvage your relationship.</li> </ul> If you or someone you know is experiencing elder abuse, seek help straight away. Speak to a trusted relative or friend. Seek independent legal and financial advice about your affairs. Or call the government’s free elder abuse line on 1800 353 374. And if your life is in danger, call triple zero (000) immediately. Helen Baker is a licensed Australian financial adviser and author of On Your Own Two Feet: The Essential Guide to Financial Independence for all Women. Helen is among the 1% of financial planners who hold a master’s degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at <a href="http://www.onyourowntwofeet.com.au/">www.onyourowntwofeet.com.au</a> Disclaimer: The information in this article is of a general nature only and does not constitute personal financial or product advice. Any opinions or views expressed are those of the authors and do not represent those of people, institutions or organisations the owner may be associated with in a professional or personal capacity unless explicitly stated. Helen Baker is an authorised representative of BPW Partners Pty Ltd AFSL 548754. Image credits: Getty Images

Caring

Are you a victim of elder abuse without even realising it?

A wealthy widow being told how to manage her money. A retired couple being denied access to their grandchildren. A single woman paying her high income-earning son’s credit card debt with her superannuation. Very different Australians with one unfortunate thing in common – they are all victims of elder abuse. While most people are familiar with the term ‘domestic violence’, the term ‘elder abuse’ is less well known. Which in itself is part of the problem: a lack of awareness helps perpetuate the cycle. The World Health Organization (WHO) <a href="https://www.who.int/news-room/fact-sheets/detail/abuse-of-older-people" target="_blank" rel="noopener">defines elder abuse</a> as: “a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. This type of violence constitutes a violation of human rights.” It isn’t necessarily restricted to actions that leave physical scars – which can make it harder to identify, even for victims themselves. The absence of physical violence or financial theft can provide a false sense of security. Not recognising the signs that something is amiss lets mistreatment go unnoticed altogether. Alternatively, excuses are made for a loved one’s behaviour or concerns aren’t raised in order to ‘keep the peace’. How prevalent is elder abuse in Australia? The limited discussion of elder abuse in the media and society in general would suggest it isn’t common in Australia. Sadly, this couldn’t be more wrong. <a href="https://www.aihw.gov.au/family-domestic-and-sexual-violence/population-groups/older-people#abuse" target="_blank" rel="noopener">Government figures</a> estimate that one in six older people – around 598,000 individuals – were directly affected in 2023. Psychological abuse was the most widespread, while 2.1 per cent of older Australians – 83,800 people – experienced financial abuse. Who is responsible? The saddest fact of all is that elder abuse is typically committed by people their victims should be able to trust the most. More than half (53 per cent) of perpetrators are family members: adult children are the most common, with partners/spouses ranking third. Friends are the second most common perpetrators. What are the impacts? Impacts of elder abuse are typically far-reaching and depend on the type of abuse involved. Among them are: <ul> <li>Loss of control and independence</li> <li>Physical and mental health issues</li> <li>Relationship breakdowns</li> <li>Financial losses</li> <li>Insecure living arrangements</li> </ul> It is not uncommon for older people to be pressured over how to manage their finances and estate planning, influencing everything from how much they have to live off in retirement to care arrangements in their final years and who benefits from their estate. Much of the abuse and subsequent fallout centres around the family home. Charity <a href="https://www.theforgottenwomen.org.au/" target="_blank" rel="noopener">The Forgotten Women</a> notes there are over 40,000 women aged 55-plus who are homeless in Queensland alone. Elder abuse is often a contributing – if not causal – factor, such as one woman forced to live in her car while her son occupies her home. Meanwhile, the current housing crisis creates ideal conditions for abuse to flourish. Multi-generational households risk reduced independence and increased control over older people. A lack of proper agreements and structures when the Bank of Mum and Dad assists with a home deposit and/or loan guarantee opens the door to expectations of further financial assistance or threats to default on guaranteed loans. Warning signs of elder abuse Besides physical violence, red flags to look for include: <ul> <li>Coercive control – undue pressure over decision-making, living arrangements, spending and investment strategies, pensions, superannuation, tax, legal affairs and wills, ownership of assets, power of attorney.</li> <li>Guilt – emotional manipulation and ‘guilt-tripping’ for not meeting particular demands.</li> <li>Isolation – from family and friends as well as from independent professional advisers (your accountant, financial adviser, lawyer, healthcare professionals etc.).</li> <li>Money mismanagement – taking cash without consent; restricting access to money and assets; pressure to pay expenses that aren’t yours.</li> <li>Neglect and abandonment – withholding essentials or anything that is needed to maintain quality of life.</li> <li>Blackmail – a tragically common example is withholding access to grandchildren unless financial or legal demands are met.</li> </ul> Given the potentially disastrous consequences, it is important to recognise the signs and act quickly. Don’t suffer in silence or hope that things will sort themselves out. If you or someone you know is experiencing elder abuse, seek help straight away. Speak to a trusted relative or friend. Seek independent legal and financial advice about your affairs. Or call the government’s <a href="https://www.health.gov.au/contacts/elder-abuse-phone-line" target="_blank" rel="noopener">free elder abuse line on 1800 353 374</a>. And if your life is in danger, call triple zero (000) immediately. About the Author: Helen Baker is a licensed Australian financial adviser and author of On Your Own Two Feet: The Essential Guide to Financial Independence for all Women. Helen is among the 1% of financial planners who hold a master’s degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at <a href="http://www.onyourowntwofeet.com.au/" target="_blank" rel="noopener">www.onyourowntwofeet.com.au</a> Disclaimer: The information in this article is of a general nature only and does not constitute personal financial or product advice. Any opinions or views expressed are those of the authors and do not represent those of people, institutions or organisations the owner may be associated with in a professional or personal capacity unless explicitly stated. Helen Baker is an authorised representative of BPW Partners Pty Ltd AFSL 548754. Image: Getty

Retirement Income

About 1 in 6 older Australians experiences elder abuse. Here are the reasons they don’t get help

<a href="https://theconversation.com/profiles/eileen-obrien-95332">Eileen O'Brien</a>, <a href="https://theconversation.com/institutions/university-of-south-australia-1180">University of South Australia</a>; <a href="https://theconversation.com/profiles/catriona-stevens-1455614">Catriona Stevens</a>, <a href="https://theconversation.com/institutions/edith-cowan-university-720">Edith Cowan University</a>, and <a href="https://theconversation.com/profiles/loretta-virginia-baldassar-1485078">Loretta Virginia Baldassar</a> Each year, many older Australians experience abuse, neglect or financial exploitation, usually at the hands of their adult children or other close relatives. A recent <a href="https://aifs.gov.au/research/research-reports/national-elder-abuse-prevalence-study-final-report">national prevalence study</a> revealed one in six older Australians living at home experiences elder abuse. This may encompass various forms of abuse, such as emotional, financial, social, physical and sexual abuse, or neglect. Despite elder abuse being such a common problem, older people often don’t get the help they need. With the right responses, we can make it easier for those working with older people, and the wider community, to support them. Our <a href="https://www.wa.gov.au/system/files/2023-11/everyones_business_research_into_responses_to_the_abuse_of_older_in_wa_report.pdf">new research</a> reveals the key reasons older people experiencing harm do not receive the support they so desperately need. Our study included a survey of nearly 700 service providers throughout Western Australia. Respondents worked in diverse fields including healthcare, law, aged care, financial services and law enforcement. We found four key obstacles to people getting help with elder abuse. 1. Older people are too scared to report abuse. Older people are often afraid to report abuse because they fear repercussions both for themselves and for the perpetrator, usually an adult child or other close relative. These concerns can mean an older person endures abuse for a long time. They may only seek help when the situation escalates to an extreme level or when someone else notices the ongoing mistreatment. Equally important, they may fear other negative outcomes of reporting abuse. They may fear having to leave their home and enter residential care. They may fear increased isolation and loneliness, or that the abuse will get worse. All these fears combined create a formidable barrier to older people promptly reporting abuse and getting the help they need. <blockquote class="twitter-tweet"> <a href="https://twitter.com/hashtag/ElderAbuse?src=hash&ref_src=twsrc%5Etfw">#ElderAbuse</a> is more common than people realize. It can happen: In their own homes In hospitals In nursing homes or other kinds of long-term care facilities Learn more, including how to prevent elder abuse: <a href="https://t.co/CAkBHQO4gm">https://t.co/CAkBHQO4gm</a><a href="https://twitter.com/hashtag/Alzheimers?src=hash&ref_src=twsrc%5Etfw">#Alzheimers</a> <a href="https://twitter.com/hashtag/dementia?src=hash&ref_src=twsrc%5Etfw">#dementia</a> <a href="https://twitter.com/hashtag/aging?src=hash&ref_src=twsrc%5Etfw">#aging</a> <a href="https://twitter.com/hashtag/geriatrics?src=hash&ref_src=twsrc%5Etfw">#geriatrics</a> <a href="https://t.co/gO3Dc6Dy3Z">pic.twitter.com/gO3Dc6Dy3Z</a> — Ian Kremer (@LEAD_Coalition) <a href="https://twitter.com/LEAD_Coalition/status/1720567529200918550?ref_src=twsrc%5Etfw">November 3, 2023</a></blockquote> 2. Older people don’t know where to turn for help Elder abuse cases are often complex, involving long family histories and complicated relationships. Older people trying to improve their situation may need support from multiple service providers. The challenge of accessing the right services and acting on their advice can be daunting. Addressing complicated matters may require intensive support and advocacy for an extended time. In the words of one experienced advocate, <blockquote> People don’t need to know the next ten steps. They need to know one step, maybe two, and then see where they are at. </blockquote> Helping older people feel empowered to seek help requires simple, accessible channels of assistance, promoted through multiple formats and outreach efforts. 3. Government-funded responses to family violence are more focused on intimate partner violence and child protection, leaving elder abuse out of the picture Most programs targeting family violence prioritise intimate partner violence and child protection, inadvertently sidelining elder abuse. Services such as shelters and perpetrator programs are not always compatible with the distinct characteristics of elder abuse. Additionally, the gendered nature of family violence responses fails to address the diverse demographics of elder abuse, which includes older men. As a result, older people, regardless of gender, may struggle to access supports suited to their needs. A refuge manager explained: <blockquote> When a bed becomes available we have this awful job of deciding who’s more high-risk and who gets the bed. If an older person needs the bed, as opposed to a single mum with a newborn, unfortunately we would go with the mum. That really presents a barrier where there isn’t refuge accommodation specifically for older people. </blockquote> There is a pressing need for a shift in focus to better recognise elder abuse as a significant issue and tailor responses to meet the specific needs of older people. This includes creating safe and accessible refuge options and providing specialised support services to address the multifaceted nature of elder abuse. 4. There’s low public awareness about what elder abuse looks like or how to respond Awareness of elder abuse remains surprisingly low, hindering effective responses. Changing this requires clear public information campaigns and community-wide conversations about abuse. This includes greater awareness of the challenge for well-meaning adult children who might limit the choices of their older relatives, thinking they know best. This can result in unintended social isolation or even neglect. A society that speaks openly about elder abuse, without stigma, is better equipped to support victims and intervene. By building public knowledge and promoting a culture where such issues can be freely discussed, we lay the groundwork for reducing its incidence. We are living longer lives than ever before, meaning we can expect to spend more years in older age than previous generations. This is good news, but also means we need to do more work to support people to age well. Positive steps we can all take include tackling ageism when we see it and normalising conversations about abuse so older people can feel confident to seek help when it’s needed.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/216827/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/eileen-obrien-95332">Eileen O'Brien</a>, Professor of Law, Discipline of Law, Justice and Society, <a href="https://theconversation.com/institutions/university-of-south-australia-1180">University of South Australia</a>; <a href="https://theconversation.com/profiles/catriona-stevens-1455614">Catriona Stevens</a>, Forrest Prospect Fellow in Sociology and Anthropology, <a href="https://theconversation.com/institutions/edith-cowan-university-720">Edith Cowan University</a>, and <a href="https://theconversation.com/profiles/loretta-virginia-baldassar-1485078">Loretta Virginia Baldassar</a>, Vice Chancellor Professorial Research Fellow, School of Arts and Humanities, Edith Cowan University This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/about-1-in-6-older-australians-experiences-elder-abuse-here-are-the-reasons-they-dont-get-help-216827">original article</a>.

Legal

What does financial abuse really look like?

Sally is in her 20s, lives in a dilapidated rental home and works three jobs. Fifty-something Sarah owns a large home, drives a Mercedes and is a corporate executive. Pensioner Scott, in his mid-70s, still lives in the home in which he and his late wife raised their children. Who would you say is more vulnerable to financial abuse? The answer, you may be surprised to learn, is all three. Financial abuse, according to the government’s <a href="https://moneysmart.gov.au/living-in-retirement/financial-abuse">MoneySmart</a>, is a type of family and domestic violence: “It often happens alongside other types of violence, such as physical or emotional abuse. It can leave you feeling vulnerable, isolated, depressed and anxious. It can also take away your independence.” Commonly a spouse or partner is the perpetrator, but it can come from any relative or friend. A <a href="https://www.commbank.com.au/content/dam/caas/newsroom/docs/Cost%2520of%2520financial%2520abuse%2520in%2520Australia.pdf">2022 Commonwealth Bank report</a> suggests over 623,000 Australians experienced financial abuse in 2020 alone – roughly one in 30 women and one in 50 men. Anyone – regardless of age, wealth etc. – can be a victim. Financial abuse has many faces Just as finances are complex, so too is financial abuse, which can be viewed from many angles: <ul> <li>Couples: One partner controls everything money related. I know of one instance where a woman’s partner went so far as counting coffee pods; another checked car mileage to stop his partner driving further than school drop-offs.</li> <li>Exes: Not working specifically to avoid paying child support; withholding information to delay settlement; bullying into a menial settlement.</li> <li>Multi-generations: Children or grandchildren milking elderly relatives; seizing control over their finances and living arrangements.</li> <li>Non-relatives: Such as friends buying property together without properly documenting everything, then fighting come sale time.</li> <li>Business relationships: Duped signatures on trust and business documents; hiding debts; impeding or undervaluing someone’s exit.</li> </ul> Warning signs There are common warning signs that you, or someone you know, is suffering financial abuse: <ul> <li>Pressure to make decisions: to invest your money or superannuation in crazy things that go bust, or to do nothing and not keep up with inflation (let alone grow your wealth), go guarantor on a loan, or sign power of attorney.</li> <li>Draining money: using your money to fund their business or investment on the promise a return is coming that never does (which could be poor management or deliberate deceit). This could continue for years until you’re left homeless and bankrupt.</li> <li>Unfair claims: your partner came into the relationship with nothing and stays just long enough to make a claim on your home.</li> <li>Controlled spending: this may start small (‘Don’t spend so much on clothes!’) but can become extreme. </li> <li>Blackmail: I’ve heard of people denied access to their grandkids unless they gave their son/daughter money or amended their will.</li> <li>Restricted access: you’re denied access to your own or joint finances, from having your own accounts, or are banned from working to earn your own income and superannuation.</li> <li>Tracking: sharing your location by smartphone may sound practical or safe but is open to abuse.</li> <li>Social isolation: cutting you off from friends and family; pressing for an interstate move.</li> <li>Reckless spending: your money is spent haphazardly – you may be kept in the dark or pressured not to ask questions.</li> <li>Tying down: trapping you into a big mortgage to crimp your freedom.</li> <li>Guilting: I have seen wealthy adults guilt their less fortunate parents into paying their bills, and gambling addicts guilt partners into paying their debts (with no intention to address their addiction or plan to pay it back).</li> </ul> Protecting yourself The best prevention of all is to avoid thinking ‘it won’t happen to me’. So many victims of financial abuse once thought exactly the same. Other tips include: <ul> <li>Speak up: Sometimes, starting a conversation can be enough to deliver positive change and even save a relationship (avoiding divorce is cheaper for everyone!)</li> <li>Have an emergency fund – cash only you can access, easily, in a crisis.</li> <li>Keep separate bank accounts – deposit your income here, then transfer money for joint bills into a joint account. </li> <li>Make decisions together – don’t leave money matters to your partner/children. It’s your money too.</li> <li>Get outside perspective: financial advisers are accountable to you as their client and help provide visibility over your assets, liabilities and risks. Ensure they are qualified and currently practicing.</li> </ul> If you think you may be a victim of financial abuse, I beg you – seek help immediately. Suffering in silence and letting the situation snowball is the costliest thing you can do. Both financially and emotionally! <a href="http://www.lifeline.org.au/">Lifeline - </a>13 11 14 <a href="https://www.1800respect.org.au/">1800RESPECT - </a>1800 737 732 <a href="https://www.familyrelationships.gov.au/talk-someone/advice-line">Family Relationship Advice Line - </a>1800 050 32 <a href="https://goodshep.org.au/">Good Shepherd Australia Financial Independence Hub - </a>1300 050 150 <a href="http://www.ndh.org.au/">National Debt Helpline - </a>1800 007 007 Helen Baker is a licensed Australian financial adviser and author of the new book, On Your Own Two Feet: The Essential Guide to Financial Independence for all Women (Ventura Press, $32.99). Helen is among the 1% of financial planners who hold a master’s degree in the field. Proceeds from book sales are donated to charities supporting disadvantaged women and children. Find out more at <a href="http://www.onyourowntwofeet.com.au">www.onyourowntwofeet.com.au</a> Image credits: Getty Images

Money & Banking

Terminally ill teacher convicted of child abuse granted end-of-life permit

A convicted child abuser from Adelaide, who was imprisoned for his acts of paedophilia against students during his tenure as a music teacher, has been authorised to pursue assisted dying, according to an exclusive report by <a href="https://www.9news.com.au/national/exclusive-adelaide-news-jailed-paedophile-teacher-malcolm-day-given-end-of-life-permit-voluntary-assisted-dying/cab7e95c-f3b1-4dbd-ae0d-cc8dbfee22c0" target="_blank" rel="noopener">9News</a>. Malcolm Day, aged 81, has emerged as the first incarcerated individual in Australia to receive approval for voluntary assisted dying following a terminal illness diagnosis, reportedly linked to cancer. Having received a 20-year prison sentence last June, Day's remaining term spans 17 years. Navigating the 11-step process required for accessing voluntary assisted dying in South Australia, Day's application is reported to be in its concluding stages, potentially reaching completion within the next few days. Dr Philip Nitschke, the director of the pro-euthanasia organisation Exit International, acknowledged that an incarcerated individual availing themselves of this scheme was an inevitable eventuality. "By the sounds of it, he satisfies all the conditions of the South Australian assisted dying legislation," Dr Nitschke told 9News. "So there should be no impediment… he should be given the option that any other person would have if they were terminally ill." During the 1980s, Day, while serving as a music teacher in South Australia, inflicted profound and lasting harm upon two of his students. After grooming and exploiting his victims, he vehemently refuted all allegations when investigated by educational authorities. When Day was sentenced, his legal representative, Stephen Ey, acknowledged the real possibility of his client passing away behind bars, saying at the time that it was "a real prospect... given his age." According to the latest data from SA Health, since the initiation of voluntary assisted dying in January of this year, 39 terminally ill residents of South Australia have opted to peacefully conclude their lives after being granted the necessary permits. Image: Nine News

Legal

“Unfathomable”: Former childcare worker facing 1,623 child abuse charges

Warning: This article contains mentions of child sexual abuse that readers may find distressing. A man from the Gold Coast is facing charges of child sexual abuse, after spending most of his life as a childcare worker. The 45-year-old has been charged with 1623 child abuse offences, including 136 charges of raping pre-pubescent girls. The alleged offences relate to 87 children in Australia and four overseas, and includes 110 counts of sexual intercourse with a child under 10. Australian Federal Police allege that the man carried out the offences while working at 10 different childcare centres in Brisbane between 2007-13 and 2018-22. The man is further alleged to have carried out offences at a single Sydney centre between 2014-2017, as well as overseas between 2013-14. Australian Federal Police Assistant Commissioner Justine Gough said the man recorded the assaults on his phone and on a separate camera. During a press conference on Tuesday, she described the “chilling news” as “unfathomable”. “We are highly confident that all 87 Australian children who were recorded in the alleged child abuse material have been identified,” she said. “The parents of all the Australian children recorded in the alleged child abuse material have been informed of the investigation.” “Some of the individuals identified in the alleged child abuse material are now aged over 18 years and have been informed.” Assistant Commissioner Gough said officers were still working with law enforcement overseas, in a country they have yet to name, to determine the identity of four more children. The man has been in custody since August 2022 when AFP charged him with two counts of making child exploitation material. Since his initial arrest, police discovered a plethora of the self-produced child abuse material, totaling almost 4,000 images and videos. “The genesis of Operation Tenterfield is linked to police locating alleged child abuse images and videos on the dark web in 2014,” Assistant Commissioner Gough said. “The AFP and other agencies examined the images, but they contain a few distinguishable clues for investigators to follow.” The investigation then led police to one of the childcare centres in Brisbane, and the subsequent warrant to raid the man’s home. “That warrant relates to 180 charges of child sexual abuse, and 23 victims are a part of those charges,” he said. “Those charges carry life imprisonment. Once this man faces the AFP charges here in Queensland, we will be seeking his extradition.” “This is one of the most horrific child abuse cases that I‘ve seen in nearly 40 years of policing.” “We are absolutely committed to prosecuting anyone who comes after our most vulnerable.” Image credits: Australian Federal Police

Legal

AFL legend Barry Cable accused of historical sexual abuse

AFL great Barry Cable is being sued over allegations that he sexually abused a Perth teenager at the height of his playing career. Until now, his identity had been concealed by order of the District Court of Western Australia. Cable denies all allegations and is not facing criminal charges. In court documents, the woman who cannot be named claims she was sexually abused by Cable, starting in 1968 when she was 12 years old, and continuing until 1973. She is seeking damages, claiming she suffered psychiatric harm as a result of the harassment. The woman said Mr. Cable once told her “he would teach her about the facts of life and the birds and the bees” so “she would be a big hit with men.” She claims Cable had also threatened to sexually abuse her sister if she did not comply with his demands. The judge, Mark Herron said Cable would not take part in the upcoming five-day trial and is not represented by a lawyer. Cable has also filed a defence in which he states he had a “consensual sexual relationship” with the woman around 1983. The court was informed that Cable had been declared bankrupt, so no funds are available if there are any costs. Barry Cable is considered to be one of the greatest Australian footballers of all time. He was inducted into the Australia Football Hall of Fame and was elevated to “Legend” status in 2012. Image credit: Getty

Legal

Victims of child sexual abuse react to Cardinal Pell's death

Victims of childhood sexual abuse have shared their reactions to the news of the death of Cardinal George Pell. Pell, who was previously convicted for historic sex crimes, died at age 81 in Rome on Wednesday after complications from hip replacement surgery. Phil Nagle, who was assaulted by a priest at the age of nine, said bluntly, "He's certainly burning in hell right now." "I'm glad he's passed on," he told <a href="https://9now.nine.com.au/a-current-affair/reaction-to-cardinal-george-pells-death/33dd1fd4-fb5a-4fd0-9cba-54da4d4de15b" target="_blank" rel="noopener">A Current Affair</a>. Nagle went on to say he believed Pell "was a liar and a protector of paedophile clergy". "(He) had plenty of opportunities during his lifetime to try and redeem himself," he said. "It's a bit of a shame he's taken the secrets to the grave." Victims advocate Helen Last said she "felt really numb" when she heard about Pell's death. "It's a tragedy of great proportions. There's so many survivors in Victoria still who have not been able to come forward about alleged abuse by him, on them," she said. "I personally believe on the basis of evidence that George Pell has been involved in a network of sexual offending clergy that goes right back." Sex abuse victim Michael Advocate said his shed weren't of sorrow when he heard about Pell's passing. "He was a terrible, terrible human being that just damaged so many child sex abuse victims, including me," Advocate said. "There's so many of my fellow sufferers, you know … he got off so lightly. I hope he really gets justice." "If there is a God, dear God may he be forthright in his punishment." Despite an onslaught of similar comments from members of the public who stand with Pell's accusers, famous friends of the Church were quick to share their sadness over the Cardinal's death. Former Prime Minister Tony Abbott, a Catholic and staunch Pell supporter, described the cardinal as a "saint" and compared the sexual abuse charges that effectively ended his ecclesiastical career to "a modern form of crucifixion". Reacting to Abbott's statement on Instagram, former 7News Melbourne host Jacqui Felgate summed up the anger felt by Pell's critics with a brutal, three-word response. "Beyond the pale," she wrote. Many of Felgate's followers agreed, with former Bachelor star Matthew Johnson saying, "This is absolutely abhorrent and really puts into perspective what type of person [he is]." Image credits: Getty Images

News

“What a disgrace”: Grace Tame slams footy star’s child abuse verdict

Content warning: This article includes mentions of child sex abuse (CSA) and child exploitation material. Activist Grace Tame has slammed the Australian legal system after former NRL star Brett Finch avoided jail time for sharing child sex abuse (CSA) material. Finch, a former halfback, pleaded guilty to one charge of using a carriage service to transmit, publish or promote child abuse in August, but was sentenced to a $1000 two-year good behaviour bond on Wednesday. The 41-year-old was under the influence of drugs when he left a series of messages on a gay chat-line expressing a desire to perform sex acts on young boys. In Sydney’s Downing Centre District Court, Finch admitted to feeling disgust at himself for making the calls, saying his intention behind them was to obtain cocaine. Ms Tame shared her outrage in a series of posts on social media on Wednesday night, describing the verdict as a shame on Australia. “This pathetic verdict is a shame on our nation. The fact that Judge Phillip Mahony accepted the distorted narrative alleged by Brett Finch that his production of child abuse material was a means of scoring drugs shows just how undervalued children are in Australia,” she wrote over a screenshot of a news story about Finch’s sentencing. “The buck continues to stop with innocent lives. What a disgrace. “Let’s be real here: of all the avenues to score cocaine, a paedophile ring is probably THE LAST PLACE you’d need to look. In the words of Robin Williams, ‘that’s like getting chemotherapy because YOU’RE TIRED OF SHAVING YOUR HEAD’.” The 27-year-old said that whether his story was true or not, the outcome of his actions remains the same. “It does not change the fact that he produced child exploitation material,” she continued. “It does not change the fact that he engaged with convicted paedophiles, therefore aiding and enabling the cycle of abuse culture and providing the social cue of legitimacy to a crime against humanity.” In response to his claims that the messages were just “s**t talk”, Ms Tame said it served to “dehumanise and objectify” children. “Yeah, that’s all it ever is, isn’t it, just “s**t talk?” she wrote. “It’s just “s**t talk” to dehumanise and objectify an underage member of your own species.” During Finch’s sentencing, Judge Phillip Mahoney described the content of the athlete’s messages as “highly depraved” and “morally reprehensible”. While the maximum penalty for the offence is 15 years, the Crown had asked that Finch be sentenced to full-time custody. Judge Mahoney found that there were some exceptional circumstances surrounding Finch’s offending, accepting that he had been motivated by a “patently absurd” attempt to source drugs rather than out of sexual interest in children. He noted that Finch hadn’t created or shared any images and had acted alone and while under the influence, with the offending being “entirely unsophisticated”. “I accept that he is genuinely remorseful for his offending conduct,” the judge said, noting Finch’s lack of a criminal record and his involvement in junior football coaching and charity work. The court heard that Finch was at the height of his drug use at the time, which had started in 2013 and peaked with his use of 12 to 25 grams of cocaine a week. There was evidence that he failed to adapt to life after his NRL career, and that he was ashamed of his actions and had been abused in public, prompting him to rarely leave his home following the arrest. Under his release order, Finch must be of good behaviour, not travel interstate or overseas without permission, and must undergo drug testing and treatment. If you or someone you know have been a victim or affected by child sexual abuse, support is available. You can contact Bravehearts on 1800 272 831 or Blue Knot on 1300 657 380 for support. Images: Instagram / Getty Images

Legal

“I’ve tasted the faintest bitter edge of racism”: Ash Barty admits to being racially abused

Ash Barty has confessed that she’s been on the receiving end of “bitter racism” after finding out about her Indigenous heritage. In her autobiography, My Dream Time, which will be published on November 2, Barty opens up about the moment she found out about her family’s past. The former tennis player said it was a difficult moment when her father searched for the truth and eventually told Barty and her sister which then led to “vile racism”. “I’ve seen glimpses and tasted the faintest bitter edge of racism” she wrote. “I’d win a Deadly Award but get vilified on line. I’d become a Tennis Australia First Nations Ambassador and then find some muppet calling my heritage into question.” The three-time Grand Slam winner said there was still a lot of work and educated needed to address the importance of Indigenous Australians. “There was no need for us to talk about that in the moment but it was certainly something that confused me a little bit as to why someone would criticise something that is so personal to me,” she told NewsCorp. “Looking back now it’s all about the education and giving people the tools to understand others and appreciate what came before us.” Barty went on to reveal that her trip to Central Australia where she worked with First Nations children was when she was convinced of a connection with them. “If anything it has just reassured to me that the path I want to go down in the future is to try and help First Nations youth around the country.” Eventually, Barty found out of her Indigenous heritage when her father Rob traced back his roots. At 13 he was told by a cousin that there was Indigenous heritage in the family but his parents denied it, claiming their connection was only to Māoris in New Zealand. Rob did not accept that and went on to trace back his family history where he found out that his great grandmother was an Indigenous Australian who married a white man. Barty’s dad sat her and her sister down when she was just seven and told them the truth. The family then went on to record their names with the Ngarigu Nation. “It was not a conversation his parents could have with him,” she wrote. “To his parents, Aboriginal ancestry was something to be ashamed of and not something he should be curious about.” Images: Instagram

Family & Pets

James Corden's grovelling apology after being accused of "abusive" restaurant behaviour

James Corden has made a grovelling apology after being blasted by a New York restauranteur for "abusive" behaviour towards his staff. Restaurant owner Keith McNally condemned Corden in a lengthy Instagram post in which he <a href="https://oversixty.com.au/lifestyle/food-wine/james-corden-banned-from-restaurant-over-abusive-behaviour" target="_blank" rel="noopener">shared allegations</a> of the talk show host behaving unacceptably in his renowned restaurants, resulting in McNally banning Corden from attending his restaurants. After the post garnered global attention, the restauranteur shared another post in which he claimed Corden called him to apologise for his behaviour. The post reads, "James Corden just called me and apologised profusely. Having f***ed up myself more than most people, I strongly believe in second chances." "So if James Corden lets me host his Late Late Show for 9 months, I’ll immediately rescind his ban from Balthazar. No, of course not. But....anyone magnanimous enough to apologize to a deadbeat layabout like me (and my staff) doesn’t deserve to be banned from anywhere. Especially Balthazar." "So Come Back to the 5 & Dime, Jimmy Corden, Jimmy Corden. All is Forgiven. xx" Despite hearing of his apology, many fans were suspicious of Corden's motives. One person commented, "Of course he apologised. He’s being dragged everywhere online. The only form of an acceptable apology is changed behaviour." Another said, "Funny how he was apologetic after every news outlet picked up this story." Others suggested that it wasn't McNally's place to forgive the behaviour when it was it staff who allegedly copped the brunt of it. One person said, "Why apologise to you and not the staff?" while another added, "He should attend Balthazar again and order just a beer and leave a $2000 tip and a written apology to your wonderful staff." Image credits: Getty Images

Food & Wine

James Corden banned from restaurant over "abusive" behaviour

James Corden has been called out by renowned restaurateur Keith McNally for his “abusive” behaviour in a well-known New York restaurant. The talk show host was reportedly “extremely nasty” to staff, with McNally calling Corden a “tiny cretin of a man” over his actions. In a lengthy Instagram post, McNally recounted instances of Corden behaving inappropriately at his former restaurant, Cafe Luxembourg, on several occasions which left one server “shaken”. He started by calling Corden a “hugely gifted comedian”, before ripping into the Tony winner for his unacceptable restaurant behaviours. He said, “James Corden is a Hugely gifted comedian, but a tiny Cretin of a man. And the most abusive customer to my Balthazar servers since the restaurant opened 25 years ago." "I don't often 86 a customer, to today I 86'd Corden. It did not make me laugh.” In two manager's reports, McNally shared that Corden had demanded free drinks, threatened to leave bad reviews, verbally abused staff and berated restaurant chefs. Corden, a big-time foodie, has not yet responded to the allegations. McNally’s post racked up over 18,000 likes in just six hours, as the comment section was flooded with people condemning Corden’s alleged behaviour. One person said, “One can tell the true character of a person based on how they treat their server.” Another commented, “I’m always astounded (and impressed) by the lengths you and your staff go to appease, what I deem to be, extremely high maintenance (and sometimes unreasonable) clientele.” “I’ve often wondered if there’s a limit to that tolerance and appeasement. I’m really glad to see that there is. No staff should be treated like this, no matter how fine an establishment.” Another called out McNally’s allegations, saying, “Come on Keith, you know this isn’t true. James Corden is NOT a ‘hugely gifted’ comedian.” Image credits: Getty Images

Food & Wine

"Anger resonates through me": AFL rocked by accusations of historical racial abuse

Warning: This article contains distressing content which some readers may find confronting. A damning report has exposed alleged racism, bullying and abuse within the Hawthorn AFL club, with several players coming forward and sharing their devastating stories of trauma during their time as part of the team. In the report conducted by <a href="https://www.abc.net.au/news/2022-09-21/alastair-clarkson-and-chris-fagan-named-in-hawks-review/101452320" target="_blank" rel="noopener">ABC Sport</a>, coaches Alastair Clarkson and Chris Fagan were named among a group of AFL leaders for allegedly encouraging an Indigenous player to convince his partner to terminate their pregnancy and then split from her, for the sake of the player's career. The report initially began as an investigation into the club's treatment of Indigenous players, and quickly unearthed a much greater issue within the club. An unidentified player, who was allegedly told to encourage his partner to terminate a pregnancy, claimed it was Clarkson who “leaned over me and demanded that I needed to get rid of my unborn child and my partner”. “I was then manipulated and convinced to remove my SIM card from my phone, so there was no further contact between my family and me,” the footballer told the ABC. “He told me to kill my unborn kid.” The player was then allegedly moved from his home, which he shared with his partner and child, prompting a series of suicide attempts from the player. “They broke me as a man, a footballer and as a family man,” he told the ABC. In a similar instance, another player was allegedly forced to live away from his partner and newborn child for months at a time, which triggered a "mental health crisis" for the recent draftee, who also attempted suicide five times. A third player also came forward against the club, saying Clarkson and Fagan allegedly came to his house at night to relocate him from his pregnant partner, whom he was then unable to contact. When his partner unfortunately miscarried weeks later, he was informed by the coaches at a training session “in a ‘by the way’ kind of comment”. Following the publishing of the damning report, Hawthorn responded to the allegations in a lengthy statement. “The club places the best interests and welfare of our players and staff as our number one priority," the statement read. It went on to say further investigation is required into the historical allegations, and further First Nations training and development programs "should be strengthened". “Given the matters raised are confidential, the club will not provide any further comment at this time,” the statement concludes. The AFL also released a statement, declaring the re-investigation of the claims. “The AFL is committed to providing a safe, welcoming and culturally appropriate environment for all players and staff throughout the industry, ensuring that physical, mental and emotional welfare is a key priority for all in our sport,” it said. “The experiences outlined in the document are extremely serious and require further and full examination." “We are committed to the welfare of all involved. Once we have spoken to those who have shared their experiences, we will be able to provide an update on the next steps in the investigation.” After hearing the findings of the report, sports commentators around Australia chimed in, with Indigenous football media personality Shelley Ware writing “anger resonates through me”. “I will be watching for what happens next for Clarkson, Fagan and Burt closely as I have my wishes,” she posted in a comment online. Australian journalist Alan Sunderland wrote, “The ramifications of this story can and should go far beyond just Hawthorn", while The ABC’s Penny Timms wrote, “This is beyond horrific. Action must be taken against those responsible”. Image credits: Getty Images

News

"Sad, old menacing coward:" Grace Tame reports childhood abuser to police

Activist Grace Tame has revealed she continues to be harassed by the man who abused her as a child, having reported him to the police for “targeted harassment” online. Ms Tame was 15 when she was groomed and raped by her maths teacher Nicolaas Bester, who then bragged about his crimes online while she was unable to speak out due to Tasmania’s “gag law”. Her legal fight to change the laws, which prevent sexual abuse victims from publicly identifying themselves, as part of the #LetHerSpeak campaign, saw Ms Tame pushed into the public eye and recognised for her efforts when she was named the Australian of the Year. But, on Wednesday the 23-year-old said she was “still dealing with open threats and harassment from the man who abused me and others”. “This has been my reality for 12 years now, behind closed doors for my family and me,” she wrote on Twitter. She also shared screenshots of tweets appearing to be from Bester, where her childhood email is referenced and he threatens that “he is coming to show all too (sic) you”. In one message dated April 27, Bester uses her email address and writes, “at last I shall come for [email address]..... in good time…..”. In another, posted on August 28, he uses her email address again, writing that “the good old comeuppance on its way” with “only 4 weeks to go!!”. <blockquote class="twitter-tweet"> This has been the reality for 12 years now, behind closed doors for my family and me. Mark my words, I am not going anywhere though. — Grace Tame (@TamePunk) <a href="https://twitter.com/TamePunk/status/1564185208882352128?ref_src=twsrc%5Etfw">August 29, 2022</a></blockquote> “Here he is, the twice-convicted child sex offender, referring to my childhood email, which very few people know, in place of my name. It was the login to my old Facebook he and I communicated on,” Ms Tame wrote. “He’s counting down to an act of revenge, planned for the day of my book’s release.” She alleged that his repeated comments constituted a federal offence and contravened <a href="https://help.twitter.com/en/rules-and-policies/sexual-exploitation-policy">Twitter’s child exploitation policy</a>, which says that content that further contributes to the victimisation of children “through the promotion or glorification of child sexual exploitation” is also prohibited. “This is targeted harassment of a known victim of his past crimes, designed to cause further harm,” Ms Tame said. “I’ve reported them to police, but our reactive justice system is too slow, and nothing’s changed.” Bester was sentenced to two years and 10 months in prison for maintaining a sexual relationship with someone under the age of 17 and possession of child exploitation material, but only served one year and nine months before he was released. He has been free to speak about his abuse of Ms Tame for some time and has previously taken to social media to brag to his followers. “The majority of men in Australia envy me,” he wrote. “I was 59, she was 15 going on 25. It was awesome.” Bester’s account has since been suspended by Twitter. Ms Tame said her tweets were an act of reclaiming power “against a predator operating in plain sight”. “This man seems to think he is still relevant and can maintain control over me,” she wrote. “This man who groomed and abused me when I was a child. “I’m not ashamed of any of it now. “But he should be. He was an adult who abused his authority. “Just because I have found the anger and strength in me now, does it make me an aggressor, or a survivor? "I know who I am. I am a survivor. "I have the power to be vulnerable. He will never have that. He is too afraid, and too weak. He is too weak to be vulnerable. Instead, he exploits others who are. He knows no other way to be. I see that now. And because of that, he doesn't scare me anymore.” Ms Tame added that her posts were “not for the critics” and were instead for survivors like her. "He is a sad, old menacing coward. “This is not for the critics. They will say what they always say. This is for the people like me. And you know who you are too. “I stand with you. We have the power.” If you or someone you know needs support as a result of sexual assault or child sexual abuse, contact the Blue Knot Helpline and Redress Support Service on 1300 657 380, or LifeLine on 13 11 14 for immediate support. Image: Getty Images

Legal

“Healing from grief is an inside job”: Why Ashley Judd found and met with her abuser

Content warning: This article includes mentions of sexual assault, rape and child sexual abuse (CSA). Ashley Judd has opened up about the conversation she had with the man who raped her more than two decades ago. The Double Jeopardy star spoke about confronting the man who assaulted her in 1999 during an appearance on the podcast Healing With David Kessler, telling host David Kessler that they had a “restorative-justice conversation”. “To make a long story short, we ended up in rocking chairs sitting by a creek together,” Judd said. “And I said, ‘I’m very interested in hearing the story you’ve carried all these years’. And we had a restorative-justice conversation about that. "I wanted to share that story because there are many ways of healing from grief, and it's important to remind listeners that I didn't need anything from him and it was just gravy that he made his amends and expressed his deep remorse because healing from grief is an inside job." The 54-year-old added that she didn’t need closure from the man, whose identity is still unknown, or “his cooperation” or “for him to make amends” to continue healing, and that she was just “very interested in hearing” his side of the story. "Because I had the opportunity to do my trauma work, to do my grief work, to do my healing work, to have all these shifts in my own consciousness and to bond in these female coalition spaces with other survivors," Judd said. Recalling the incident, Judd described it as “crazy-making” and “unconscionable”. "I was very clear, my boundaries were intact. I was already an empowered, adult feminist woman," she recalled. "And that this could happen under these circumstances was unconscionable, unforeseen, and yet I have had a restorative-justice process with this person out of how replete my soul is today." Judd has publicly spoken about being a three-time rape survivor in the past and shared her story for the first time in her 2011 memoir, All That Is Bitter & Sweet, and again in an <a href="https://www.mic.com/articles/113226/forget-your-team-your-online-violence-toward-girls-and-women-is-what-can-kiss-my-ass" target="_blank" rel="noopener">op-ed</a> she wrote for Mic.com’s ‘Pass the Mic’ series. "I am a survivor of sexual assault, rape and incest," she wrote at the time. "The summer of 1984 was tough for me. I experienced two rapes by an adult and systematic molestation from another adult, who also had another man in the room watching … This January, I read three different things that freshly triggered an additional, very specific memory from age 15 – an attempted oral rape by yet another adult man." If you or someone you know is impacted by sexual assault or childhood sexual abuse and need support, contact 1800RESPECT on 1800 737 732 or visit their <a href="https://www.1800respect.org.au/" target="_blank" rel="noopener">website</a>, or contact <a href="https://blueknot.org.au/" target="_blank" rel="noopener">BlueKnot</a> on 1300 657 380. Image: Getty Images

Mind

"It is for your family that we do this": Protester's calm response to abuse

A climate protester who locked themselves in a car, blocking the Sydney Harbour Tunnel caught on camera the moment an angry member of the public confronted her. The video – which contains extremely explicit language, was <a href="https://fb.watch/dUSSeWKcE3/" target="_blank" rel="noopener">streamed live on the Blockade Australia Facebook</a> page, and showed the woman with a bike lock looped around her neck and the steering wheel of the car as she was approached by a very angry motorist. Blockade Australia identified the protester as 22-year-old Mali. As she told viewers what she was doing, a “really angry” man could be seen marching up to the car from behind her. “I’m not sure what’s about to happen,” Mali said. The man repeatedly knocked on the window yelling expletives. “Get the f*** out of the way, you f***ing selfish c***,” he said. Mali remained calm and once he moved away, she said: “To this man, I would say I stand with you. It is for you, it is for your family that we do this. It’s for everyone’s people that we love that we take this stand because it is for all of us that we need our life support systems.” Mali went on to explain she had been living in Lismore during both major floods this year and had seen the devastation it had caused. Later in the clip, police could be seen outside the car and eventually an officer approached and asked her to step out of the car. Mali was heard agreeing to show the officer identification and was asked to place her hands on the dashboard before the video cut off. According to police, emergency services were called to the northern entrance of the Sydney Harbour Tunnel in North Sydney at about 8:15am, responding to reports a woman had stopped her car, blocking all citybound lanes. “Around the same time, approximately 50-60 people who police allege were part of an unauthorised protest -walked on the streets of the Sydney CBD, interfering with the free flow of vehicles and pedestrians,” a statement said. In total 11 activists were arrested, with NSW changing the law in April to deter protestors with hefty fines and even jail time. Blockade Australia wrote on Facebook that the aim of the protest was to “bring Australia’s largest city, Sydney, to a standstill”. “Between June 27th and July 2nd we will show our collective resistance against Australia’s ecological destruction,” a description for the event read. Image: Facebook

Travel Trouble

Princess Mary removes son from high school amid bullying and abuse allegations

Crown Princess Mary and Crown Prince Frederik have pulled their son Prince Christian from his high school following a bullying scandal that has sent shock waves through Europe. They've also confirmed Princess Isabella will no longer be attending the prestigious Herlufsholm Boarding School. The Royal couple have issued a statement announcing the move, weeks after allegations emerged of a violent culture filled with abuse and bullying at the school. Students have also come forward, accusing the school and its staff of covering up their stories of abuse. "The question about our son Christian's and our daughter Isabella's choice of school has been very important for us, and the unfortunate matter has brought many and strong opinions into play in the public," Crown Prince Frederik and Crown Princess Mary said in a joint statement. "That is completely understandable when it deals with the well-being of children and young people. At the same time, it has been important to stand by our basic idea that major decisions must be made on an informed basis. We now have that basis." Their message comes after the release of a preliminary decision from Denmark's National Agency for Education and Quality that "directs a particularly harsh critique" of the boarding school. "It has been a difficult process for us as a family, but, based on the overall picture and our special position as Crown Prince Couple, we have chosen that Prince Christian will stop at Herlufsholm and that Princess Isabella will not start in ninth class at the school after the summer holiday. "During the summer, we, together with our children, will make a decision about their future choice of schools. "With thoughts about the many students who will continue at Herlufsholm, it is our hope that the school now gets more peace to ensure the necessary changes and succeeds in creating a culture in which all thrive and feel safe." A documentary has aired, which included claims from a student who described being sexually abused by another student. Another student then spoke of corporal punishment and a third described being assaulted during a party at the school. In November 2021, four students were expelled after being accused of taking part in the abuse and filming a number of incidents. Some students have claimed staff turned a blind eye to these stories. When the allegations came to light, Princess Mary and her husband issued a swift response expressing their shock and disappointment. "As parents of a child who goes to Herlufsholm, we are deeply shaken by the testimonies that have emerged in the current documentary about the school," the Crown Prince couple said. "It is heart-breaking to hear about systematic bullying and about the culture of abuse and violence that many have been a part of. That is completely unacceptable. As parents, we expect the school to effectively ensure a culture where everyone is safe and part of the community, and we will in the coming time follow the changes that are obviously necessary." Herlufsholm was founded in 1565 for Danish nobility and is located 80km outside of Copenhagen in Næstved. The allegations about the school follow earlier claims about tough disciplinary practises at the institution. Herlufsholm School responded to the documentary's claims in a statement, with the school’s rector Mikkel Kjellberg saying many of the allegations contained within the television program were "very old cases have been used from another time - where the culture at Herlufsholm was different". He said the bullying and violence were "not part of the culture at Herlufsholm". "Bullying, violence or sexual abuse is not acceptable at Herlufsholm School," Kjellberg added. Princess Mary's charity issued a separate statement via The Mary Foundation. While they don't normally comment on "individual cases", the allegations contained within the documentary are "very violent and shocking". Image: Instagram

Family & Pets

Not a ‘relationship’: why the legal language of child abuse needs to change

The ACT government has <a href="https://www.cmtedd.act.gov.au/open_government/inform/act_government_media_releases/rattenbury/2022/act-government-strengthening-family-violence-laws" target="_blank" rel="noopener">announced</a> plans to <a href="https://www.legislation.act.gov.au/b/db_65584" target="_blank" rel="noopener">change the name</a> of the criminal offence of engaging in a “sexual relationship with child or young person under special care” to “persistent sexual abuse of child or young person under special care”. ACT Attorney-General Shane Rattenbury <a href="https://www.abc.net.au/news/2022-02-10/act-bill-change-legal-definition-child-sexual-assault-grace-tame/100817058" target="_blank" rel="noopener">explained</a> this change was inspired by public advocacy by victim-survivors, including 2021 Australian of the Year Grace Tame. The change was made because, for many, the term “relationship” implies the victim was a willing participant in their abuse, adding to the often <a href="https://theconversation.com/review-louise-milligans-witness-is-a-devastating-critique-of-the-criminal-trial-process-148334" target="_blank" rel="noopener">gruelling experience</a> of complainants in sexual assault trials. In 2019, Tasmania made similar reforms in response to <a href="https://www.justice.tas.gov.au/__data/assets/pdf_file/0004/561163/Submission-Knowmore-Renaming-sexual-offences.PDF" target="_blank" rel="noopener">sustained</a> <a href="https://www.justice.tas.gov.au/__data/assets/pdf_file/0003/561162/Submission-EROC-Renaming-sexual-offences.PDF" target="_blank" rel="noopener">advocacy</a>. In that case, the government changed the name of the crime of “maintaining an unlawful relationship with a child” to “<a href="http://classic.austlii.edu.au/au/legis/tas/consol_act/cc192494/s125a.html" target="_blank" rel="noopener">persistent sexual abuse of a child</a>”. Critics had <a href="https://www.abc.net.au/news/2019-08-15/call-for-sexual-assault-laws-overhaul-in-tasmania/11414982" target="_blank" rel="noopener">said</a> the original wording “normalised” sexual offending against children and suggested the child was a voluntary participant. These reforms are the latest chapter in law-making efforts, going back to the 1990s, which aim to craft criminal laws that capture this kind of offending. In recent years the Child Abuse Royal Commission reviewed the relevant laws. The commission found the laws in most states and territories were not working as designed. This has renewed attention to the issue and created an opportunity for reform across the country. <h2>Why the language of the law matters</h2> According to journalist and survivor-advocate Nina Funnell, the “sanitised” language of a relationship <a href="https://www.news.com.au/national/the-australian-states-where-raping-children-is-called-maintaining-a-relationship/news-story/d488b5764056c95224fa369f1eda46f2" target="_blank" rel="noopener">exacerbates</a> the trauma of survivors, painting them as active participants in a mutual romance. These criticisms are backed by research <a href="http://classic.austlii.edu.au/au/journals/AdelLawRw/2021/1.html" target="_blank" rel="noopener">showing</a> that, in some cases, courts have interpreted the crime of an “unlawful sexual relationship” by comparing it to “<a href="https://www.queenslandjudgments.com.au/caselaw/qca/2014/48" target="_blank" rel="noopener">ordinary</a>” sexual relationships between mutually consenting adults. This has made it <a href="https://www.queenslandjudgments.com.au/caselaw/qca/2018/213" target="_blank" rel="noopener">necessary to prove</a> there has been consistent, ongoing sexual contact. Cases where abuse is sporadic or <a href="https://www.queenslandjudgments.com.au/caselaw/qca/2009/181" target="_blank" rel="noopener">opportunistic</a> might not be enough. This is at odds with social science evidence that sexual abuse is often opportunistic. In fact, labelling abuse as a “relationship” mirrors the <a href="https://journals.lww.com/forensicnursing/Fulltext/2008/09000/Cognitive_distortions_in_child_sex_offenders__An.3.aspx" target="_blank" rel="noopener">distorted thinking</a> of many perpetrators. <h2>What about the other states and territories?</h2> The term “relationship” is <a href="https://eprints.qut.edu.au/232485/" target="_blank" rel="noopener">now used</a> in the laws of all states and territories except for Victoria and Western Australia. Although reforms in Tasmania and the ACT change the name of the offence, the words “relationship” or “sexual relationship” still appear in the legislation. In fact, in the past few years, both South Australia and New South Wales have changed their laws from “persistent sexual exploitation” or “persistent sexual abuse” to “maintaining an unlawful sexual relationship”. This reflects the <a href="https://www.childabuseroyalcommission.gov.au/criminal-justice" target="_blank" rel="noopener">recommendations</a> of the Child Abuse Royal Commission that all Australian states and territories adopt this language in their criminal laws. This was despite the commission’s <a href="https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/final_report_-_criminal_justice_report_-_parts_iii_to_vi.pdf" target="_blank" rel="noopener">acknowledgement</a> this language did not match the “exploitation” of repeated sexual offending against a child. So why did the commission recommend this language? Simply, because it works. Child sexual abuse is one of the most under-punished crimes in Australia. The purpose of the royal commission’s recommendations was to ensure these offences were <a href="https://www.childabuseroyalcommission.gov.au/sites/default/files/file-list/factsheet_-_criminal_justice_report_-_outline_of_recommendations_0.pdf" target="_blank" rel="noopener">made more effective</a> by reflecting the way victims remember repeated child sexual abuse. Our legal system normally requires crimes to be charged individually, with specific details like the time and location of an offence. This gives the accused the best possible chance to mount a defence. However, it is very normal for a survivor of persistent sexual abuse to remember the abuse as a whole and not as individual acts. This creates what two justices of the South Australian Supreme Court have <a href="https://www.adelaidenow.com.au/news/south-australia/supreme-court-warns-of-law-that-makes-it-harder-to-convict-paedophiles-for-longterm-sex-abuse/news-story/68545fdf9e1c4938d4d97c951a10b6b3" target="_blank" rel="noopener">called</a> a “<a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASCFC/2015/170.html?context=1;query=paradox" target="_blank" rel="noopener">perverse paradox</a>”: that “the more extensive the sexual exploitation of a child, the more difficult it can be proving the offence”. As a result, all Australian states and territories have laws that allow repeated sexual offending against a child to be charged as a single offence. However, in most jurisdictions, juries must still be able to identify and unanimously agree on a minimum number of separate occasions of abuse. This undermines the effectiveness of the laws by requiring complainants to recall details of specific events. At the time of the royal commission, the Queensland law was unique in allowing a jury to convict if they agreed an unlawful sexual relationship existed, even if they did not unanimously agree on specific acts of sexual offending. This overcame the “perverse paradox”. For that reason, the royal commission drafted model legislation using the Queensland wording, labelling the crime “maintaining an unlawful sexual relationship with a child”, and requiring a jury to unanimously agree there was a relationship but not on individual acts of abuse. <h2>Future reforms</h2> Many states and territories have now partly implemented the royal commission’s recommendations, but more work needs to be done. Four states and territories still require evidence of individual acts of sexual offending. This includes the only two states, Victoria and Western Australia, that do not describe the crime as a “relationship” anywhere in their legislation. <a href="https://www.thegracetamefoundation.org.au/the-harmony-campaign" target="_blank" rel="noopener">Calls</a> for national reform of these offences using language that accurately names the crime are timely and well justified. Future reforms should tell the truth about this crime: it is persistent sexual abuse of a child, not a relationship. Reform should also create laws that give survivors a chance to secure justice through the courts. This article originally appeared on <a href="https://theconversation.com/not-a-relationship-why-the-legal-language-of-child-abuse-needs-to-change-184453" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Legal

Former swim coach Dick Caine arrested for alleged historical sexual abuse

Content warning: This article includes mentions of child sexual abuse (CSA). Former swimming coach Dick Caine has been arrested and charged over the sexual abuse of two teenagers he trained in the 1970s. Police arrested the 76-year-old at a home in Condell Park, in Sydney’s south-west, and took him to Bankstown Police Station on Wednesday morning, according to a <a href="https://www.police.nsw.gov.au/news/news_article?sq_content_src=%2BdXJsPWh0dHBzJTNBJTJGJTJGZWJpenByZC5wb2xpY2UubnN3Lmdvdi5hdSUyRm1lZGlhJTJGMTAxOTgzLmh0bWwmYWxsPTE%3D" target="_blank" rel="noopener">statement</a> from NSW Police. He was charged with nine offences relating to the alleged abuse of two teenage students at a swim school in Carss Park, south of Sydney. After a woman reported to police that she was targeted while she was a student at the swim school, investigators under Strike Force Coco uncovered further allegations of another teenage girl being abused at the same swim school. Acting Superintendent Chris Nicholson said police will allege the victims were aged 16 and 17 at the time of the alleged offences, which he said took place “in a number of locations in and around the southern Sydney area”, per <a href="https://www.9news.com.au/national/dick-caine-former-swim-coach-arrested-on-allegations-sexual-abuse-teenage-female-athletes-in-1970s/c856a380-f722-4513-a4f1-d0fbd326b809" target="_blank" rel="noopener">9News</a>. The charges laid against Caine include six counts of carnal knowledge by a teacher of a girl aged 0-17, and three counts of indecent assault. Caine has been refused bail and is due to face Bankstown Local Court on Wednesday. Nicholson also praised the women who came forward for their “courage and bravery” and shared a message for other survivors. “I would like to say to all survivors of sexual abuse living in our community that the NSW Police Force wants to listen to your story,” he said. “What today should show is that whether the NSW Police Force receives an allegation of sexual violence that occurred yesterday, or last week, or last year or 50 years ago, that we will investigate all matters that come to our attention with our full potential and we will wrap our full support around victim-survivors as they tell their story.” Image: TeamCaine.com.au

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Could the Depp v. Heard case make other abuse survivors too scared to speak up?

Johnny Depp has <a href="https://www.abc.net.au/news/2022-06-02/verdict-delivered-johnny-depp-amber-heard-trial/101115246" target="_blank" rel="noopener">won his defamation suit</a> against his ex-wife Amber Heard for her Washington Post op-ed article published in 2018, which <a href="https://www.nytimes.com/live/2022/06/01/arts/johnny-depp-amber-heard-verdict">stated</a> she was a “public figure representing domestic abuse”. The facts in every case are unique, and the jury is always in a better position to judge these facts than commentators relying on media reports. Nevertheless in such a high profile case as this, the verdict has a ripple effect that can go beyond the facts. The unfortunate reality is the Depp Heard case is likely to reinforce the fear that women who come forward with claims of sexual and domestic abuse will encounter a system in which they are unlikely to be believed. Reform is needed to better balance the protection of men’s individual reputations with the rights of women to speak about their experiences. Defamation a tool of elite men Depp was awarded more than US$10 million in damages after convincing the jury Heard was a malicious liar. This is despite the fact a <a href="https://www.washingtonpost.com/media/2022/06/01/johnny-depp-libel-law-uk-us/" target="_blank" rel="noopener">UK judge determined</a> in 2020 that it was “substantially true” Depp had assaulted Heard repeatedly during their relationship. After the verdict, Heard commented she was “heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence, and sway” of her famous ex-husband. Historically, the common law of defamation was built to <a href="https://www.tandfonline.com/doi/abs/10.1080/09612025.2021.1949822" target="_blank" rel="noopener">protect public men in their professions and trades</a>. It worked to both defend their reputations individually and shut down speech about them as a group. <a href="https://heinonline.org/HOL/Page?handle=hein.journals/comulp2&div=6&g_sent=1&casa_token=fybEy5Ip_goAAAAA:mZwcFssrx7DMteRZh-2VpbadOiPG52vukVjaL_zAG2Rr-r9-GIbN1HpUADIArNrKIooONYOmpoKf&collection=journals" target="_blank" rel="noopener">Data from the United States in the late 20th century</a> shows women comprise only 11% of plaintiffs bringing defamation suits. As legal scholar Diane Borden <a href="https://heinonline.org/HOL/LandingPage?handle=hein.journals/comulp2&div=6&id=&page=" target="_blank" rel="noopener">has noted</a>, the majority of libel plaintiffs are “men engaged in corporate or public life who boast relatively elite standing in their communities”. Defamation trials – which run according to complex and idiosyncratic rules – are often lengthy and expensive, thus favouring those with the resources to instigate and pursue them. Various defences exist, including arguing that the comments are factually true, or that they were made on occasions of “qualified privilege”, where a person has a duty to communicate information and the recipient has a corresponding interest in receiving it. But in one way or another, disputes concerning allegations of sexual and domestic abuse usually come down to matters of credibility and believability that play on gendered stereotypes. It becomes another version of “he said, she said”, and as we’ve seen from the social media response to Amber Heard, women making these types of allegations are often positioned as vengeful or malicious liars before their cases even reach the courts. This is despite the fact <a href="https://www.aihw.gov.au/getmedia/0375553f-0395-46cc-9574-d54c74fa601a/aihw-fdv-5.pdf.aspx?inline=true" target="_blank" rel="noopener">sexual assault</a> and <a href="https://www.safesteps.org.au/understanding-family-violence/who-experiences-family-violence/" target="_blank" rel="noopener">intimate partner violence</a> are common, and <a href="https://apo.org.au/sites/default/files/resource-files/2017-09/apo-nid107216_1.pdf" target="_blank" rel="noopener">false reporting</a> <a href="https://pubmed.ncbi.nlm.nih.gov/26679304/" target="_blank" rel="noopener">is rare</a>. In fact, most victims don’t tell the police, their employer or others what happened to them due to <a href="https://theconversation.com/almost-90-of-sexual-assault-victims-do-not-go-to-police-this-is-how-we-can-achieve-justice-for-survivors-157601" target="_blank" rel="noopener">fears</a> of not being believed, facing professional consequences, or being subject to <a href="https://pursuit.unimelb.edu.au/articles/the-online-hate-for-amber-heard" target="_blank" rel="noopener">shaming and further abuse</a>. Heard has received thousands of <a href="https://www.reuters.com/business/media-telecom/amber-heard-says-she-receives-death-threats-every-day-over-depp-claims-2022-05-26/" target="_blank" rel="noopener">death threats</a> and suffered relentless mockery on social media. Time for reform The global #MeToo movement and recent Australian campaigns, such as those instigated by Grace Tame and Brittany Higgins, encourage survivors to speak out and push collectively for change. But now, ruinous and humiliating defamation suits could further coerce and convince women to keeping their experiences quiet and private. Measures must be taken to better protect public speech on such matters. One potential way forward is for defamation trials involving imputations of gendered abuse to incorporate expert evidence about the nature of sexual and domestic violence in our society. For decades, <a href="https://heinonline.org/HOL/Page?handle=hein.journals/hwlj19&div=8&g_sent=1&casa_token=&collection=journals" target="_blank" rel="noopener">feminist legal scholars</a> fought for the inclusion of such evidence in criminal trials, especially those relating to matters of self-defence in domestic homicides and issues of consent in rape proceedings. Expert sociological and psychological evidence can combat and discredit ingrained patriarchal assumptions and myths – comments and questions such as “what was she wearing?”; “why didn’t she fight back?”; “why didn’t she just leave him?”; “why was she nice to him afterwards?” or “why didn’t she tell people at the time?” Otherwise, pervasive gender bias – often held by both men and women, judge and jury – can undermine the voices and accounts of women before they even set foot in court, before they even open their mouths. Defamation trials have not traditionally included such expert evidence. But now that they have become a powerful forum for silencing speech about gendered harm, perhaps it’s time they did so.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/184324/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/jessica-lake-126813" target="_blank" rel="noopener">Jessica Lake</a>, Research Fellow, <a href="https://theconversation.com/institutions/australian-catholic-university-747" target="_blank" rel="noopener">Australian Catholic University</a> This article is republished from <a href="https://theconversation.com" target="_blank" rel="noopener">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/could-the-depp-v-heard-case-make-other-abuse-survivors-too-scared-to-speak-up-184324" target="_blank" rel="noopener">original article</a>. Image: Getty Images

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Independent you: preventing, and recovering from, elder abuse

Are you a victim of elder abuse without even realising it?

About 1 in 6 older Australians experiences elder abuse. Here are the reasons they don’t get help

What does financial abuse really look like?

Terminally ill teacher convicted of child abuse granted end-of-life permit

“Unfathomable”: Former childcare worker facing 1,623 child abuse charges

AFL legend Barry Cable accused of historical sexual abuse

Victims of child sexual abuse react to Cardinal Pell's death

“What a disgrace”: Grace Tame slams footy star’s child abuse verdict

“I’ve tasted the faintest bitter edge of racism”: Ash Barty admits to being racially abused

James Corden's grovelling apology after being accused of "abusive" restaurant behaviour

James Corden banned from restaurant over "abusive" behaviour

"Anger resonates through me": AFL rocked by accusations of historical racial abuse

"Sad, old menacing coward:" Grace Tame reports childhood abuser to police

“Healing from grief is an inside job”: Why Ashley Judd found and met with her abuser

"It is for your family that we do this": Protester's calm response to abuse

Princess Mary removes son from high school amid bullying and abuse allegations

Not a ‘relationship’: why the legal language of child abuse needs to change

Former swim coach Dick Caine arrested for alleged historical sexual abuse

Could the Depp v. Heard case make other abuse survivors too scared to speak up?

Our Partners

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Shop

Catalogues

Newspaper

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Entertainment

Travel

Health

Lifestyle

Finance

Property

Compare

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Information

Keep up to date

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Independent you: preventing, and recovering from, elder abuse

Are you a victim of elder abuse without even realising it?

About 1 in 6 older Australians experiences elder abuse. Here are the reasons they don’t get help

What does financial abuse really look like?

Terminally ill teacher convicted of child abuse granted end-of-life permit

“Unfathomable”: Former childcare worker facing 1,623 child abuse charges

AFL legend Barry Cable accused of historical sexual abuse

Victims of child sexual abuse react to Cardinal Pell's death

“What a disgrace”: Grace Tame slams footy star’s child abuse verdict

“I’ve tasted the faintest bitter edge of racism”: Ash Barty admits to being racially abused

James Corden's grovelling apology after being accused of "abusive" restaurant behaviour

James Corden banned from restaurant over "abusive" behaviour

"Anger resonates through me": AFL rocked by accusations of historical racial abuse

"Sad, old menacing coward:" Grace Tame reports childhood abuser to police

“Healing from grief is an inside job”: Why Ashley Judd found and met with her abuser

"It is for your family that we do this": Protester's calm response to abuse

Princess Mary removes son from high school amid bullying and abuse allegations

Not a ‘relationship’: why the legal language of child abuse needs to change

Former swim coach Dick Caine arrested for alleged historical sexual abuse

Could the Depp v. Heard case make other abuse survivors too scared to speak up?

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