Lawyer argues church liable for sexual abuse

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This article was published 31/10/2019 (2196 days ago), so information in it may no longer be current.

The lawyer for a woman suing the Anglican Church after being sexually assaulted as a child argued the church placed the alleged perpetrator in a position of spiritual authority and trust, and therefore should be held liable.

The Anglican Church of Canada, Diocese of Brandon, however, said the woman did not prove who the perpetrator of her sexual abuse was, and therefore the church should not be held responsible.

The written arguments, submitted one after the other within the last month, followed the three-day trial for the lawsuit in Brandon Court of Queen’s Bench earlier in September.

In the lawsuit against The Anglican Church of Canada, The Diocese of Brandon filed in 2014, the woman, now 63, claimed she was sexually assaulted twice by Jack Hopper, an Anglican priest, in the basement of an Anglican church in Misipawistik Cree Nation (Grand Rapids First Nation).

The woman told the court that Hopper assaulted her on two occasions after Sunday school a few months apart.

The first time, she said, he pinned her against a wall of the church and touched her genitals under her clothes and digitally penetrated her.

On the second occasion, Hopper threw her onto the floor of the church basement and raped her, the woman said.

Hopper died in the 1990s.

The woman estimated she was about eight years old at the time, and said she didn’t tell her parents what happened at the time because she was afraid of being disciplined.

“They wouldn’t believe me because everything a minister says they would believe,” the woman told the court during trial. “He was just like a god — everybody had to listen to him.”

In his written arguments, Winnipeg lawyer Norman Rosenbaum — who represents the woman — said Hopper was placed in a position of trust and that inadequate supervision raised a foreseeable risk of abuse of authority.

The woman’s parents were devout Anglicans, Rosenbaum said, and trusted their priest in his care while at Sunday school.

As such, they also encouraged the woman as a child to obey the priest, Rosenbaum said, and addressed disobedience with physical discipline and spiritual punishment.

The woman said they would often discuss heaven and hell as consequences.

Brandon lawyer Breena Murray, who is representing the church, said they are not disputing that the woman was sexually assaulted as a child, and are sympathetic to the harm suffered by her.

However, the evidence presented was “not clear, convincing or cogent,” Murray argued, and did not prove the identity of the perpetrator of her sexual assault or support holding the Diocese liable for her suffering.

The woman testified the assaults occurred when she was eight years old, Murray said, and that the priest remained in her community for a long period of time after the assaults occurred.

However, records from the Diocese of Brandon show that Hopper left Grand Rapids in July 1963 and never returned, Murray said, noting the woman would have been seven years old at the time.

According to evidence from the vestry books, Hopper did not run the Sunday school program, Murray said, although the minister who replaced him in the parish did.

“Even if she was incorrect in her age being eight at the time of the assaults, the timeline still does not allow for Mr. Hopper to be the perpetrator,” Murray said.

There were also no concerns or complaints noted on Hopper’s file, Murray noted.

If there had been a complaint, Bishop William Clifftestified it would have been noted and investigated at the time.

The woman has claimed damages for a number of forms of suffering, including severe emotional and psychological distress ad trauma, depression, fear and anxiety, alcohol abuse, difficulty with interpersonal relationships, nightmares and loss of amenities of life.

Based on similar cases and the circumstances, Rosenbaum suggested his client was entitled to anywhere from $147,000 to $257,000 in damages.

The Diocese argued, however, that a number of damages claimed by the woman have also not been proven, Murray said.

The woman has also never been formally diagnosed with depression, anxiety or panic attacks, Murray said. She also confirmed her nightmares were more related to the court process than the abuse.

Contrarily, the woman has done remarkably well in her life, including a 40-year marriage to the same man, raising seven children and three grandchildren, 20 years of sobriety and a stable place of employment where she is also furthering her education.

If the court finds the church is liable, Murray argued damages of approximately $50,000 would be more appropriate.

Rosenbaum has until Nov. 8 to file a rebuttal with the court.

A decision date has yet to be scheduled.

» edebooy@brandonsun.com

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