International Journal of Cultic Studies ■ Vol. 8, 2017 19
In What Cases Do These Allegations
Arise?
Allegations of child sexual abuse arise in three
forms of cases. The area of law in which these
cases arise has a significant impact on the
implications of legal decisions that develop from
them. First, one form of cases occurs in the
criminal field, which means that the charges are
limited to alleged Criminal Code violations. In
addition, conviction in this field requires that the
prosecution meets a heightened burden of
proof
17F
18 at the same time that the accused has
heightened protections around such issues as
search and seizure, disclosure, meeting certain
standards in case law, and so on. The criminal
system in each country shapes the purpose of
these cases, which will involve varying
combinations of punishment, deterrence, and
rehabilitation. The impact of these cases unfolds
through the possibility of convicted perpetrators
serving jail time, the significance of guilty
decisions (especially from juries), high media
attention, and the possibility of establishing legal
precedents. Criminal investigations and cases,
however, can be long and costly, with any
number of procedural mistakes causing them to
derail, with potentially guilty persons going free.
The aborted criminal case against three members
and one leader of the Apostles of Infinite Love
(primarily in Quebec, Canada but also in
Alberta) provides an example of what can go
wrong.
In April 1999, the self-proclaimed pope of the
Apostles, Jean Gaston-Tremblay, and three
followers
were facing a total of 51 counts of sexual and
physical abuse of children. The charges
include[d] sodomy, sexual assault, indecent
exposure and assault.
18 For a discussion of factors that either facilitate or hinder
prosecutors pursuing child sexual abuse cases, see Theodore P.
Cross, Edward De Vos, and Debra Whitcomb, 1994, “Prosecution
of Child Sexual Abuse: Which Cases Are Accepted?,” Child Abuse
And Neglect, (18)8, 663–677 Delores D. Stroud, Sonia L.
Martens, and Julia Baker, 2000, “Criminal Investigation of Child
Sexual Abuse: A Comparison of Cases Referred to the Prosecutor
to Those Not Referred,” Child Abuse and Neglect (24)5, 589–700.
The case was dropped [in June 2001] after
prosecutors told the court there were “problems”
with the evidence. More than 40 documents had
gone missing from the records of the Quebec
Provincial Police.
18F
19
Officials concerned with child welfare had
significant concerns about this group’s
childrearing practices dating back to 1966, and
“[i]n 1981, the Quebec Child Protection
Committee declared that there was nothing it
alone could do to tackle cults like the
Apostles.”
19F
20 Neither the Quebec government
nor police provided additional assistance, so no
authorities took action. By the time police laid
charges in 1999 and were developing their case,
officials seem to have lost 20 years of files,
which they needed to proceed with the
prosecution.
20F
21
A second form of cases is civil, which means
that the involved parties attempt to resolve
disputes through compensatory rather than
criminal means. The general impact of child
sexual-abuse allegations involving cults or high-
demand alternative religious movements occurs
through the form of the award (monetary),
which allows for relatively efficient settlements
(in contrast to criminal plea bargains, which
often still involve some form of jail time).
Victims may pursue civil remedies, in
conjunction with criminal proceedings or
independently. In contrast to criminal
proceedings, the standard of proof in civil cases
is on a balance of probabilities, which means
that the process by which the plaintiffs collect
evidence is less likely to face stringent
constitutional analyses, and the case is expected
to proceed based upon full disclosure by all
parties.
19 Simon Cooper, 2001 (June 16), “Missing Evidence Stalls Cult
Sex-Abuse Charges,” Globe and Mail, A1.
20 Simon Cooper, 2001 (July 12), “The System Shields a Sinner,”
Globe and Mail, A13.
21 Cooper, 2001, A13. For a discussion about why some child
sexual-abuse cases experience delays in prosecutions (sometimes
stretching over decades), see Deborah A. Connolly, Kristin Chong,
Patricia I. Coburn, and Danyael Lutgens, 2015, “Factors
Associated With Delays of Days to Decades to Criminal
Prosecution of Child Sexual Abuse,” Behavioral Sciences and the
Law, 33, 546–560.
In What Cases Do These Allegations
Arise?
Allegations of child sexual abuse arise in three
forms of cases. The area of law in which these
cases arise has a significant impact on the
implications of legal decisions that develop from
them. First, one form of cases occurs in the
criminal field, which means that the charges are
limited to alleged Criminal Code violations. In
addition, conviction in this field requires that the
prosecution meets a heightened burden of
proof
17F
18 at the same time that the accused has
heightened protections around such issues as
search and seizure, disclosure, meeting certain
standards in case law, and so on. The criminal
system in each country shapes the purpose of
these cases, which will involve varying
combinations of punishment, deterrence, and
rehabilitation. The impact of these cases unfolds
through the possibility of convicted perpetrators
serving jail time, the significance of guilty
decisions (especially from juries), high media
attention, and the possibility of establishing legal
precedents. Criminal investigations and cases,
however, can be long and costly, with any
number of procedural mistakes causing them to
derail, with potentially guilty persons going free.
The aborted criminal case against three members
and one leader of the Apostles of Infinite Love
(primarily in Quebec, Canada but also in
Alberta) provides an example of what can go
wrong.
In April 1999, the self-proclaimed pope of the
Apostles, Jean Gaston-Tremblay, and three
followers
were facing a total of 51 counts of sexual and
physical abuse of children. The charges
include[d] sodomy, sexual assault, indecent
exposure and assault.
18 For a discussion of factors that either facilitate or hinder
prosecutors pursuing child sexual abuse cases, see Theodore P.
Cross, Edward De Vos, and Debra Whitcomb, 1994, “Prosecution
of Child Sexual Abuse: Which Cases Are Accepted?,” Child Abuse
And Neglect, (18)8, 663–677 Delores D. Stroud, Sonia L.
Martens, and Julia Baker, 2000, “Criminal Investigation of Child
Sexual Abuse: A Comparison of Cases Referred to the Prosecutor
to Those Not Referred,” Child Abuse and Neglect (24)5, 589–700.
The case was dropped [in June 2001] after
prosecutors told the court there were “problems”
with the evidence. More than 40 documents had
gone missing from the records of the Quebec
Provincial Police.
18F
19
Officials concerned with child welfare had
significant concerns about this group’s
childrearing practices dating back to 1966, and
“[i]n 1981, the Quebec Child Protection
Committee declared that there was nothing it
alone could do to tackle cults like the
Apostles.”
19F
20 Neither the Quebec government
nor police provided additional assistance, so no
authorities took action. By the time police laid
charges in 1999 and were developing their case,
officials seem to have lost 20 years of files,
which they needed to proceed with the
prosecution.
20F
21
A second form of cases is civil, which means
that the involved parties attempt to resolve
disputes through compensatory rather than
criminal means. The general impact of child
sexual-abuse allegations involving cults or high-
demand alternative religious movements occurs
through the form of the award (monetary),
which allows for relatively efficient settlements
(in contrast to criminal plea bargains, which
often still involve some form of jail time).
Victims may pursue civil remedies, in
conjunction with criminal proceedings or
independently. In contrast to criminal
proceedings, the standard of proof in civil cases
is on a balance of probabilities, which means
that the process by which the plaintiffs collect
evidence is less likely to face stringent
constitutional analyses, and the case is expected
to proceed based upon full disclosure by all
parties.
19 Simon Cooper, 2001 (June 16), “Missing Evidence Stalls Cult
Sex-Abuse Charges,” Globe and Mail, A1.
20 Simon Cooper, 2001 (July 12), “The System Shields a Sinner,”
Globe and Mail, A13.
21 Cooper, 2001, A13. For a discussion about why some child
sexual-abuse cases experience delays in prosecutions (sometimes
stretching over decades), see Deborah A. Connolly, Kristin Chong,
Patricia I. Coburn, and Danyael Lutgens, 2015, “Factors
Associated With Delays of Days to Decades to Criminal
Prosecution of Child Sexual Abuse,” Behavioral Sciences and the
Law, 33, 546–560.
