Legal Theories to Hold the Boys & Girls Club of America Liable for Sexual Abuse
- The BGCA – having accepted the employee or volunteer – in the organization and having him act as a representative – may be accountable for his offenses;
- Negligent hiring. The BGCA may have neglected to do necessary steps, like a background check, in ensuring that the offender has no prior misconduct and is safe around children.
- Negligent supervision. The BGCA may have failed to supervise the abuser and intervene when necessary.
- Negligent retention. The BGCA failed to address and investigate allegations against the employee, volunteer, or other members.
Sexual Abuse Lawsuits Against the Boys & Girls Club of America
- In 2019, Greenwich Time reported that five men filed a lawsuit against Andrew Atkinson for sexually abusing them during his employment in the BGCA. The said abuse spanned from 1975 through 1984, during Atkinson’s employment under the BGCA, where he molested boys as young as 6 years old.
- In September 2018, the Pierce County jury awarded a 47-year-old man over $1.5 million in damages after being sexually abused as a child in the Tacoma Boys & Girls Club. Although the defendants weren’t criminally charged, one of the accused, Charles Richard Patrick Urlacher, served time for two other rape cases.
- In 2018, Paul Dwayne Kilgore, former Athletic Director for the Sonoma Country Club, was sentenced to 150 years in prison for multiple felonies. The case revealed that the BGCA was complicit in retaining Kilgore despite multiple reports and complaints from parents and participants.
Signs of Abuse in Children
- 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 Abuse
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The abuse happened long ago, can I still sue?
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.
Because of the remaining limitations, it’s imperative to get in touch with a reliable and aggressive attorney to get your case started. The growing number of sexual abuse cases filed against the Catholic Church dioceses and the Boy Scouts of America has already caused the said institutions to file for bankruptcy or bankruptcy protection, and the same thing isn’t far to happen from the BGCA.
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If my abuse happened years ago, how will I prove it?
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.
Because some of the abusers in the clergy have died, the burden of proof relies mostly on the victims. In this scenario, you may use healthcare experts to substantiate claims using certified diagnosis along with credible recollection of the abuse. Proving that the BGCA or its affiliates may have known of the abuse and have not acted on it may help your case.
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Who can I sue for my abuse?
In a civil lawsuit, the plaintiff can file a case against the perpetrator and institutions, organizations, or authority figures who have neglected their duty to maintain a safe environment. In this type of case, the plaintiff will only be required to prove that there is a greater than 50% chance that the defendant did the crime. Filing a case against larger entities also isn’t just for claiming higher damages (monetary compensation); it’s also to help bring these powerful institutions accountable for negligent hiring, supervision, or retention, among others.
You also have the chance to file a criminal lawsuit. This type of case, however, will require that the defendant be proven guilty beyond a reasonable doubt which is a high standard of proof. The judge or jury may penalize your abuser but this will only cover economic damages like medical bills but will not include pain and suffering and other applicable coverages that may help you cover recovery expenses.
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I was sexually abused by an employee of the Boys & Girls Club of America, where can I get help?
If the abuse happened recently, you may do the following:
- Go to a safe place.
- Contact someone you trust.
- Contact a rape crisis hotline in Illinois.
- Visit your local Emergency Department for possible injuries.
- Submit to a medical examination to collect evidence (also known as a rape kit).
- Contact the local police to report the assault.
If you plan to pursue legal action against your abuser, get in touch with our attorneys here at America’s Consumer Lawyer. We strive in cultivating a space conducive for sharing the intimate details of your case. Our attorneys commit to bringing your abuser accountable, institutions included.
