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Three (3) male witnesses reported that they had sustained physical injuries as a result of assault. One witness stated that his hand was caught in a door as he attempted to escape being sexually abused. Two (2) witnesses from another institution were punched and severely beaten, sustaining injuries to their noses, faces and backs. One witness reported that the assault on him stopped when co-residents intervened to protect him.

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Witnesses reported being physically abused by staff in the institutions and by older co-residents. It is possible that there is some overlap between those identified by name and those who were not named but identified by their role or function within the institution.

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Three (3) religious staff, one male and two female, were named as perpetrators of physical abuse. Four religious staff, two male and two female, were not named but identified by witnesses as authority figures. One male lay care staff was identified by name and five other lay staff were identified by position, including a Resident Manager. The Committee heard two witness accounts of abuse by older co-residents one of whom commented that he believed the physical assault was instigated by the Resident Manager.

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The use of the child by a person for sexual arousal or sexual gratification of that person or another person.3 This section presents the evidence of sexual abuse heard by the Committee from witnesses in residential training, work and other out-of-home facilities. The majority of reports were of contact sexual abuse, including rape and associated physical violence. Witnesses’ evidence described both single incidents of sexual abuse and chronic abuse over an extended period. Some witnesses provided detailed accounts of the abuse they experienced. Other accounts were limited to clarifying the acute or chronic nature of the abuse and whether it was contact or non-contact abuse.

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Ten (10) witnesses, eight male and two female, made 10 reports of being sexually abused in eight residential settings. Five (5) reports from male witnesses relate to abuse in Noviciates and three others relate to aftercare hostels and other residential facilities. One female witness reported being abused in an institution where she was employed as a ‘live-in’ domestic worker and another gave an account of being abused over an extended period by an older co-resident in a laundry.

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The Committee heard eight witness reports of sexual abuse, including inappropriate fondling, masturbation, vaginal, oral and anal penetration with objects, oral/genital contact and rape. Witnesses reported that the abuse was associated with physical violence in circumstances such as when attempting to escape the abuser, as a threat against disclosure and as a component of the sexual assault. Two (2) witnesses described non-contact sexual abuse in the form of inappropriate questioning about sexual relationships and being watched while attending to personal hygiene.

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Witnesses were sexually abused in a range of locations including, classrooms, recreation rooms, dormitory cubicles, toilets, sacristies, bedrooms, offices of religious and lay staff, and other locations outside the institution such as sports fields and sheds.

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Five (5) witnesses described isolated incidents of abuse that happened in an opportunistic fashion over short periods of time. Five (5) other witnesses gave accounts of being abused over a period of up to three years, including the following: We were living in a big dormitory, a kind of cubicle thing...he ... (named religious staff)... came down to me in the middle of the night and started talking to me, maybe once a week or twice a week ....He showed a bit of friendship to me, I remember getting ...(a gift) ... from him, I was delighted at the time.... I think I was going out of my mind, I couldn’t correlate religion and sex...

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Four (4) male witnesses reported being raped; in addition there were three reports of oral, vaginal and anal penetration with objects. Two (2) of the witnesses reported being repeatedly raped over a period up to two years by religious superiors who were involved in pastoral, educational and sporting activities. Two (2) other witnesses reported being raped by a visiting professional and by a lay staff member in a position of authority.

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Witnesses stated that physical violence, intimidation and threats were used in order to force and restrain them while sexual abuse was perpetrated. Two (2) male witnesses stated that the force used in sexual abuse caused bleeding and injury. Another male witness reported that his sexual abuse by two religious staff was accompanied by violence and inducements. He stated that in order to avoid persistent sexual abuse he was constantly vigilant and careful not to be caught alone with the abuser. He described placing himself with others in the most public position possible in order to protect himself.

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Four (4) other male witnesses described contact sexual abuse including forced masturbation by the abuser, fondling of genitalia, and digital penetration. Br ...X... he escorted me to the dressing room. He closed and bolted the door. He started by rubbing my knee first. He then started fondling my private parts. He then masturbated me and made me masturbate him. ... I felt so bad, ashamed.

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One female witness gave an account of being sexually abused over a three-year period by an older female co-resident who was otherwise kind to her. The witness described being isolated from her peers and being threatened that she would be sent away if she ever told anyone about the abuse. Another female witness was sexually abused by masturbation and fondling by a priest in the institution where she worked.

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The Committee heard evidence from 10 witnesses of being sexually abused by 12 staff and others, including an older resident. Eleven (11) of the abusers were male, five of whom were identified by name. Others were identified by their reported position or status in relation to the institution, as outlined in the following table: <br><table><colgroup><col></col><col></col><col></col></colgroup><thead><tr><th><strong>Position of reported physical abusers </strong></th>&#xD; <th><strong>Males</strong></th>&#xD; <th><strong>Females</strong></th>&#xD; </tr></thead><tbody><tr><td><strong>Religious</strong></td>&#xD; <td></td>&#xD; <td></td>&#xD; </tr><tr><td> - Authority figure</td>&#xD; <td>5</td>&#xD; <td>0</td>&#xD; </tr><tr><td> - Teacher</td>&#xD; <td>2</td>&#xD; <td>0</td>&#xD; </tr><tr><td> - External priest</td>&#xD; <td>1</td>&#xD; <td>0</td>&#xD; </tr><tr><td><strong>Lay</strong></td>&#xD; <td></td>&#xD; <td></td>&#xD; </tr><tr><td>- Resident Manager</td>&#xD; <td>1</td>&#xD; <td>0</td>&#xD; </tr><tr><td><strong>Visiting professional</strong></td>&#xD; <td>1</td>&#xD; <td>0</td>&#xD; </tr><tr><td><strong>Co-resident</strong></td>&#xD; <td>1</td>&#xD; <td>1</td>&#xD; </tr><tr><td><strong>Total</strong></td>&#xD; <td><strong>11</strong></td>&#xD; <td><strong>1</strong></td>&#xD; </tr></tbody></table>

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Four (4) witnesses gave accounts of rape and violent assault by four named abusers, of whom three were religious Brothers, in addition to a visiting lay professional. Six (6) male religious in positions of authority, two of whom were priests, were reported by witnesses to have abused them by masturbation, fondling and voyeurism. The lay individuals reported by witnesses as perpetrators of rape were identified as a Resident Manager, and a visiting professional. Two (2) witness accounts were heard of sexual abuse by co-residents.

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Failure to care for the child which results, or could reasonably be expected to result, in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare.4 The witness reports refer to neglect of education, health, welfare and safety and the lack of protection from harm. Witnesses reported that these experiences had an impact on their physical and emotional health and welfare, both at the time and in later life.

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