The case of a man who suffered unimaginable physical and mental abuse at the Whitbourne Boys Home as a teenager in the mid-70’s will come up in court in St. John’s today.
Jack Whalen, who was sent there for years for what, today, would be considered crimes not deserving of such lengthy sentences, once spent 87 days in “the hole.” To combat boredom, he played with an ant. He would allow it to crawl, sometimes up his arm, to see what it would do. It would always survive and keep trying to move. He said to himself, “I want to be like that ant and survive this.”
Lawyer Lynn Moore, who is representing victims of sexual abuse who were in similar facilities in metro but in the 1980s, is in court today attempting to amend the claim to include victims of physical and mental abuse. The Statute, as it exists, has no deadlines on claims of sexual abuse. Jack Whalen’s time, as the law exists, has run out and Moore thinks that has to change.
(Lynn Moore File Photo)
She says the authorities had a duty to act but did not act, and are now saying the law defends us. It’s a technical loophole which she would like to see corrected.
The Department of Justice and Public Safety says the exemption for sexual abuse victims was included in the Limitation Act following the Mount Cashel sex abuse scandal in the 1990s.
The department says the Act does not prevent those who have been physically abused from suing, but they have to do so within 30 years.
The department is declining further comment as the matter is before the courts.
