On 3 November 1995 in the Melbourne County Court, Father Gerard Joseph Mulvale (born in Western Australia on 17 July 1948) was sentenced to three years’ jail for indecently assaulting teenagers in a church youth group in a Melbourne parish in the late 1970s.

A Broken Rites researcher was in court during the proceedings and has examined court documents.

Background

Mulvale was a trainee priest in Melbourne for the Pallottines from 1975 (when he was 27). He ran a youth group at St Christopher’s parish, consisting of boys and girls about 14 or 15. After being ordained on 18 August 1979, he ministered at St Christopher's parish until 1981.

According to evidence, Mulvale took a sexual interest in both males and females, although (according to evidence) he had a preference for males. He had an invasive hands-on approach to both sexes.

In early December 1994, Gerard Joseph Mulvale (then aged 46) was arrested in Western Australia, where he was a chaplain at St John of God Hospital, Murdoch. Extradited to Victoria, he was charged in the Melbourne Magistrates Court with 120 offences against four teenagers from Mulvale’s youth group at St Christopher’s – two males (Mick and Graeme) and two females (Stephanie and Diana).

He was eventually convicted regarding the two males (the charges regarding the two females did not proceed).

The incidents for which he was eventually convicted involved indecent assault -- that is, invasive (but non-penetrative) sexual touching. Some more serious charges were dropped.

Stephanie’s suicide attempt

Evidence was given that Mulvale formed friendships with some members of his youth group. He would entertain a boy or girl on church premises or take them on outings.

It was stated in court that Mulvale had a problem with alcohol consumption. Also, he would bring alcohol on outings, supplying it to his young companions.

One member of the youth group was Stephanie (born 1961), who was an extremely devout Catholic. She met Mulvale in the youth group in 1976 when she was 15. She regarded Mulvale as a confidant and she would discuss life’s troubles with him.

Stephanie told Mulvale that she was an adopted child. Mulvale told her that he, too, had been an adopted child.

Sometimes Mulvale would take Stephanie and “Mick” out together but sometimes she and Mulvale were alone.

At least one of Mulvale’s outings (when Stephanie was 17, before Mulvale’s ordination) ended up in an extremely late night -- and this alarmed Stephanie’s mother. The mother said later that she began doubting that Mulvale was suitable to become a priest.

On 4 February 1993, aged of 31, Stephanie attempted suicide. While recovering, she told her parents about various troubles -- and one of these, she alleged, was that Mulvale had molested her on several occasions when she was 17.

Her distraught mother (a devout Catholic), complained to the Melbourne archdiocese. An “investigation” was initiated by the vicar-general, Monsignor Gerald Cudmore, assisted by Jesuit priest Brian Fleming. The archdiocese alerted the Pallottine order about the complaint. As a result, Mulvale was “tipped off” about it.

One of the male victims, “Mick”, later gave court evidence, alleging that the Pallottines set out to discredit Stephanie, seeking to prevent bad publicity. Mick's evidence is reported fully in the transcript of the magistrate’s committal hearing. Broken Rites has examined a transcript of the committal evidence.

Mick told the court that, when Stephanie's mother complained to the archdiocese about Mulvale in 1993, she named Mick as a friend of Stephanie and Mulvale. Mick alleged that a Pallottine priest, Father X, contacted him about Stephanie's complaint and instructed him to write and sign a statement for the church, discrediting Stephanie. Mick alleged that Father X told him "that we had to put Stephanie down and make her seem thoroughly horrible" (committal transcript, pages 79 and 86). Mick said: "The object of this letter was to make Stephanie the villain" (p. 87) and Father X “told me what to say and how I was to say it" (p.85).

Mick said Father X knew in 1979 that Mulvale “was having sex with me”. [But this did not deter the Pallottines from ordaining Mulvale.] However (Mick alleged) Father X asked him in 1993 not to tell the police about his sexual relationship with Mulvale (transcript pages 78, 92, 100). Father X is named in the transcript.

In August 1993, Mick received a letter from the vicar-general of the Melbourne archdiocese, Monsignor Gerald Cudmore, thanking him for signing the statement about Stephanie. Cudmore told Mick that “everything has been quietened”.

Cudmore told Stephanie’s mother that the church would take no further action about Mulvale.

Rebuffed by the church, Stephanie then contacted the Victoria Police sexual offences and child abuse unit (now known as the SOCA unit) and made a written, sworn statement about the alleged incidents.

The SOCA police made inquiries among St Chrisopher’s parishioners and soon found three more alleged victims of Mulvale -- Graeme, Diana and Mick -- who were prepared to speak to the police. Stephanie’s mother now felt vindicated about having complained to the church, as the police believed that there was more to the Mulvale story than the church had admitted.

The death of Stephanie

Still feeling devastated by the church’s denigration of her, Stephanie attempted suicide again on 19 January 1994 and this time she succeeded.

Therefore, because of the loss of the alleged victim, the prosecution dropped all the charges involving Stephanie.

Mick said in court he believed that the church statement condemning Stephanie, and signed by him, drove her to commit suicide (committal transcript page 91). Mick felt that his actions contributed to Stephanie's death. Overwhelmed by guilt, Mick made failed attempts in 1994-5 to take his own life.

Graeme and Diana

Other teenagers, also, confided in Mulvale about life matters. At 15 years of age, according to court documents, “Graeme” (born 1964) was having a sexual relationship with a girl and felt guilty about this. He sought counselling and guidance from Mulvale. Mulvale then allegedly made sexual advances to Graeme. Mulvale threatened to tell Graeme's parents about the boy having sex with the girl. Thus, Mulvale blackmailed Graeme into participating in sexual activity with Mulvale. The first of the charged incidents occurred in the St Christopher’s presbytery (parish house). Later, Graeme tried to evade sexual encounters with Mulvale but Mulvale persisted, still allegedly using the threat of blackmail.

Graeme later had a new girlfriend (“Diana”) and became sexually involved with her. Subsequently, it was alleged, Mulvale sexually abused Diana. Mulvale was charged with one incident involving Diana. However, when the court hearing approached in 1995, Diana exercised her right to withdraw from the case because she thought the case might cause embarrassment in her new private life (she was now married, with children). So the prosecution agreed to drop Diana’s charge. No details were given in court about the alleged Diana incident.

At the committal hearing in the Melbourne Magistrates Court in June 1995, Mulvale was ordered to stand trial on charges of indecent assault and gross indecency involving the two remaining complainants -- Graeme and Mick.

In November 1995, Mulvale appeared before Judge Roland Williams in the Melbourne County Court.

The matter of Graeme was dealt with first. By now, the prosecution and the defence had come to an understanding regarding the Graeme case. A number of incidents involving Graeme (including one particularly aggravated incident) were withdrawn. Therefore, Mulvale agreed to plead guilty to one incident of indecent assault and one incident of gross indecency, relating to Graeme. The court regarded these as merely “representative” charges -- representing a much more extensive pattern of behaviour. Mulvale was automatically convicted on these two incidents. Therefore, no jury trial was needed regarding the Graeme case. The sentencing of Mulvale regarding Graeme was adjourned until after the charges regarding Mick had been dealt with.

The story of Mick

Before Graeme, Mulvale had already been sexually abusing Mick. Mick, too, had sought counseling from Mulvale on sexual matters. Unlike Graeme (who was feeling guilty about heterosexual activity), Mick was worried about homosexual feelings. Mick (born 1962) testified that he told Mulvale about this at age 15 (when he was in Year 10 at school). Mulvale allegedly told the boy not to worry and that that he too (Mulvale) was attracted to males.

Mulvale then seduced Mick, with multiple (but non-penetrative) sexual incidents. At the trial, Mulvale was charged only with incidents that occurred before Mick’s 16th birthday. After the sexual experience with Mulvale, Mick went on to have a disrupted adolescence and adulthood. By the time of Mulvale’s trial in 1995, Mick (then aged 33) was dying from AIDS. Mulvale’s legal team used every opportunity to prolong the proceedings, knowing that Mick's death would end the charges (as had happened with Stephanie’s death).

Mulvale pleaded not guilty to the charges brought by Mick. This meant the case would be heard before a jury, resulting in more delay. But, for legal reasons, the jury could not be told that Mulvale had already pleaded guilty to other charges (regarding Graeme), nor could the jury be told about Stephanie or Diana.

The Pallottines engaged expensive legal counsel in an attempt to have Mulvale acquitted on the grounds that, if these sexual encounters occurred, Mick consented. The prosecution, however, contested the claim of consent, and maintained that the abuse of Mick began before his 16th birthday (and therefore “consent” from a child could not be used as a defence).

The jury returned a verdict of guilty on three incidents and not guilty on two other incidents. (Other alleged incidents regarding Mick had been withdrawn.)

[In October 1996, nearly a year after the trial, Mick died from AIDS.]

Sentencing

On 3 November 1995 in the Melbourne County Court, Mulvale (then aged 47) was sentenced (regarding Graeme and Mick) to a total of three years jail, with parole after 27 months (the Court of Appeal later allowed him parole after 18 months).

Judge Williams told the court that, if the position of the church in the community was declining, then it was due, at least in part, to scandals such as this.

Graeme told journalists outside the court that some priests and parishioners knew in the late 1970s and early ‘80s about Mulvale's sexual abuse. Graeme said he was aware of other victims who had not come forward.

Immediately after the sentencing, the Pallottine Order advertised in suburban newspapers near St Christopher's parish, seeking to contact other victims who had been "hurt by Pallottines". [That is, the Pallottines expected that there were further Mulvale victims.] The advertisements offered free "counselling" by a certain psychologist [who works for the Catholic Church].

Victims using such a church-run counselling service, however, may discover that the church obtains information damaging to any future civil claims by the victims against the church for damages. Also, the information can be used to limit the amount of the church’s liability.