Boy Scouts of America Sexual Abuse

Systemic abuse has plagued not only the Catholic Church but as well as the Boy Scouts of America (BSA). According to the LA Times review of 1,600 BSA files from 1970 to 1991, officials of the scout have urged offenders to resign and have helped them cover their tracks. In earlier years, suing the scout was rather challenging due to the statute of limitations and abundance of victims and survivors who didn’t want to come out.

Aside from the hurdles brought about by the prevailing laws at the time and the cover-ups of the BSA, the fact that men often revealed their abuse at a later age didn’t help their cases. A study sponsored by the American Counseling Association, it showed that male victims of child sexual abuse (CSA) were likely to isolate themselves and turn to substance abuse. Fortunately, many states in the US have amended their laws to lengthen or remove the statute of limitations for CSA making it easier for victims and survivors to bring their abusers accountable.

Boy Scouts of America Sexual Abuse Cases in Illinois and the US

The Perversion Files (known as Ineligible Volunteer files) or the files accounting allegations of sexual abuse in the scout between 1965-1985 showed that some of the perpetrators were repeated offenders and have managed to come back to the BSA system and molest children again. In response to the growing number of men coming out with their stories of abuse, LA Times created a database that shows around 5,000 men and women were expelled from the Boy Scout for suspicions of abuse between 1947 and 2005. The database shows the names of the offenders and other information about their service in the BSA.

In April 2019, the National Public Radio (NPR) reported that an expert from the University of Virginia’s medical school, Dr. Janet Warren, hired by the BSA, said in a sworn statement that secret files from the organization showed 12,254 boys have been victimized by about 8,000 Scout Leaders from 1944 to 2016. But, by June 2019, Time reported that more men have come forward and named about 300 more abusers from the scout who were not named in the Perversion files.

The Chicago Tribune commentary that was published March this year reported that Scout Master Thomas Hacker was a convicted child molester in Indiana who has victimized 50 scouts before crossing the border to Illinois. This was not an isolated case as about 50 other child molesters were able to reenter the system due to the weak background checks or the perpetrators using a different name in a different scout area. In 2012, Patch reported that among the 1,200 Perversion files released by the Oregan Supreme Court, 300 cases involved men and Scout troops across the State of Illinois from the 1960s up to the following five decades. Among the Illinois area and communities mentioned in the report were:

Bensenville
Batavia
Chicago Heights
Downers Grove
Forest Park
Frankfort
Joliet
Naperville
Oak Lawn
Plainfield
St. Charles
Wheaton
DuPage County
And other communities

You may also check the database to check for potential abusers in your troops. Take note that the said database was last updated in 2003.

Legal Theories to Hold the Boy Scouts of America Liable for Sexual Abuse

While the Boy Scouts of America had both hired employees and volunteers working for them, these people were tasked to educate and take care of children on their behalf. The BSA may be held liable for a Scout Master or Troop Leader’s sexual abuse or misconduct under the following instances:

The BSA, having accepted the hired or accepted the Scout Masters or Troop Leaders as part of the institution and having him act as a representative, may be accountable for their offenses;
Negligent hiring. The BSA may have neglected to do necessary steps, like a background check, in ensuring that their officers had no prior misconduct and are safe around children.
Negligent supervision. The BSA may have failed to supervise its employees and volunteers and intervene during troubling situations.
Negligent retention. The BSA failed to address and investigate allegations against the priest. In most cases in the past, the BSA deliberately concealed the sexual abuse allegations from authorities and had the offenders resign. The Scout also helped the abusers cover their tracks with some having been able to re-enter the BSA in other states.

Sexual Abuse Lawsuits Against the Boy Scout of America

Over the past years, the BSA has had several sexual abuse cases filed against them. These cases have cost the organization millions of dollars. Among the lawsuits are:

In 2010, a Portland jury awarded a man $1.4 million and another $18.5 million in punitive damages. The victim, Kelly Lewis, agreed to be named for the case was repeatedly abused by Scout Master Timur Dykes in the 80s.
In 2008, former assistant Scoutmaster James Hiatt was convicted for four counts of aggravated sexual assault and was sentenced to 60 years in prison. The abuse took place from 2003 to 2005.

Signs of Abuse in Children

Learning to detect distress or discomfort in children is one way of potentially preventing abuse. There are a number of red flags that could manifest in children who have been sexually abused; however, victims will always respond differently. Some signs you must look out for are:

Regressive behavior or using old behaviors like bedwetting;
Age-inappropriate sexual behavior;
Excessive talk on sexual topics;
Refusing to remove clothing or being left alone;
Refusing to talk;
Change in mood (increased aggression) and eating habits;
Lost of interest in friends, hobbies, school;
Self-harming;
Self-isolation;
Low self-confidence;
Unexplained health problems like stomach upsets and headaches; or
Nightmares.

FAQs about Sexual Abuses

What if my abuse happened years ago, is it still possible to file a case?

Yes. The statute of limitations for criminal child sexual abuse cases has been removed in the State of Illinois. The other states have also amended their statute of limitations for sexual abuse cases. In August of 2017, the Illinois Senate finally removed the statute of limitations for criminal charges involving child sexual assault and abuse. The statute of limitations for civil cases, however, is different from criminal charges.

For civil lawsuits against child sexual assault and abuse, civil cases still have limitations depending on the age of the victim. If you have been assaulted past 18 years old, you may only file a civil case two years following the incident. After the said timeline, you may be barred from collecting damages. If you have been abused as a child, you may file a civil lawsuit against your offender within 20 years following your 18th birthday or the time you discovered you were abused as a child.
How can I prove the abuse?

Civil lawsuits have less burden of proof standards as opposed to criminal cases. In civil lawsuits, you’ll be using the preponderance of the evidence. You need only prove to the judge or jury that there is a greater than 50% chance that the offender has done the crime. A criminal case, however, will require proof that the abuse happened beyond a reasonable doubt. While a criminal charge entails prison time, the monetary fine will only pay for economic damages that will not be enough to cover your expenses to help your recovery.
The Boy Scouts of America has already filed for bankruptcy protection, is it still possible to file a sexual abuse case against them?

In early February, the BSA encouraged victims to come forward as they filed for bankruptcy protection in an effort to create a compensation fund for the thousands of CSA victims. The bankruptcy protection will essentially put the cases on hold to help the BSA pay or discharge its debts. Ultimately, the BSA may be forced to sell their properties and use their assets to pay for the sexual abuse lawsuits.
Where can I get legal help?

If you or anyone you know decides to explore their legal option, you may reach out to our team at America’s Consumer Lawyer. We strive to make a safe space conducive to sharing intimate details about your case. Our attorneys always work hard in bringing clients justice while maintaining their privacy.

If you suspect a case of child abuse or risk for abuse, you may call the DCFS 24-hour Child Abuse Hotline at 800-252-2873 or TTY 1-800-358-5117. The DCFS advises calling 911 first if the child is in immediate danger. You may also contact the Trauma Abuse Treatment You may talk to a trained counselor about trauma abuse at 866-612-7506 or Sexual Assault Counseling and Information Service (SACIS) at 217-348-5033 or 888-345-2846.

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