KJ McElrath  |  June 14, 2019

Category: Legal News

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Scouts lined upThe number of Boy Scouts sex abuse cases has passed the 12,000 mark, indicating that the problem is more widespread than was generally believed.

Boy Scouts of America is considering filing for Chapter 11 bankruptcy – which could have grave implications for plaintiffs whose cases are either in progress or have yet to go to trial. Although the organization has more than $1 billion in assets, there are serious questions about whether or not that amount will be sufficient to cover judgments or settlements related to claims of sexual abuse.

Problems Were Noted Early On

When the Boy Scouts of America was founded in 1910, its stated purpose was to “teach patriotism, courage, self-reliance, and kindred values.” Unfortunately, according to Revolvy.com, it became apparent early in the BSA’s history that certain individuals who had been entrusted with the leadership and education of these boys had another agenda in mind. It is a problem that the late James L. Tarr, who made a lifelong career of Scouting, acknowledged has “been an issue since the Boy Scouts began.”

In those days, such things were not discussed, or in most cases, even acknowledged. Nonetheless, in the 1920s, the BSA began keeping “ineligible volunteer” files – also known as the “perversion files.” For nearly a century, these files have been kept locked away at BSA headquarters in Irving, Texas – inaccessible to the public.

According to the organization, those files have been highly effective at weeding out child molesters and pedophiles and preventing them from participating in scouting as troop leaders, counselors or other volunteer positions.

It is now quite apparent, according to recent reports, that it hasn’t been enough.

Temptation and Opportunity

According to the Boy Scouts of America 2017 Annual Report
, there were just over 2 million boys between the ages of 6 and 17 participating in Scouting. That number is down considerably from its high point in 1979 when the organization boasted a membership of more than 5 million. Nonetheless, it remains one of the largest youth organizations in the US, with approximately 889,000 registered adult volunteers.

Prior to 1994, there were 2,000 reported Boy Scouts sex abuse cases; the most recent recorded case of abuse took place between 2005 and 2006, when, according to the Utah Daily Herald, a 38-year-old Boy Scout leader in Orem, Utah admitted to fondling the genitalia of a 12-year-old boy and took photos of him. These incidents reportedly took place during official Boy Scout activities. Ultimately, the offender was sentenced to a year in prison, 36 months probation and ordered to undergo psychiatric treatment.

Attempts Were Made to Prevent Abuse

Recognizing the potential risk to vulnerable youths from predatory adults, the BSA instituted a sexual abuse prevention and education program in 1988. Known as the Youth Protection Program, it requires all potential adult volunteers to submit to a criminal background check and undergo training in sexual assault awareness and prevention before being certified to work with young people. Furthermore, volunteers must re-certify every two years.

The BSA’s Youth Protection has defined four hallmarks of the potential child abuser (who may be male or female, and may be a Scout himself):

  • the desire and motivation to sexually exploit children
  • the ability to overcome his/her own inhibitions
  • get around any barrier or situation in which the child would be protected
  • overcome the child’s own natural hesitancy and resistance

Scouts are also educated under the program in what is known as the “three Rs”:

  • Recognize situations in which they are at risk and signs that someone may be a predator
  • Resist unwanted advances (which often will stop the abuse in its tracks)
  • Report the incident and the perpetrator

This information is included in all Scout handbooks and parental guides. In addition, every troop sees an educational video presentation on the issue of sexual assault at least once every year.

The Youth Protection program was developed with the assistance of an FBI agent named Kenneth V. Lannings, who in his 1987 book, Child Sex Rings: A Behavioral Analysis, warned: “A skilled pedophile who can get children into a situation where they must change clothing or stay with him overnight will almost always succeed in seducing them.” Because of the danger stemming from Boy Scouts sex abuse cases, there have been numerous rules put in place. These rules are not only to protect boys from sexual assault, but also to protect adult leaders from false accusations. Among them:

  • Two adult leaders are always required to accompany troops on outings
  • Adults are not allowed to be alone with a youth member
  • Boys are not allowed to sleep in the tent of any adult other than a parent or guardian
  • Privacy (for bathing and changing) must be respected

One would think that with all the training and precautions, the sexual abuse of underage Boy Scouts would hardly be an issue. Unfortunately, this has not been the case.

A Major Newspaper Sounds the Alarm

In 1991, an investigation into sexual abuse linked to the Boy Scouts appeared in the Washington Times, entitled “Scouts Honor.” Focusing on cases of molestation occurring prior to the establishment of the Youth Protection program, the five-part report (later published as a book) was the result of two years of reviewing court records, internal BSA documents and newspaper stories from across the country as well as over 200 personal interviews with victims’ families, Scout leaders, legal and mental health experts and even abusers themselves. Their conclusion: “The Boy Scouts are a magnet for men who want to have sexual relations with children…Pedophiles join the Scouts for a simple reason: it’s where the boys are.”

Ongoing Litigation

During the five-year period between 1986 and 1991, the BSA organization and local councils paid out over $15 million to settle allegations of sexual assault against young people. However, that figure is based only on official court records and the organization’s federal tax return; according to the Washington Times investigation, the actual figure could be much more, since many settlements paid by the BSA are confidential (a common requirement set by insurance carriers).

Boy Scout Sex Abuse Cases Were Covered Up

In fact, there was a great deal of effort exerted in attempts to keep Boy Scout sex abuse cases a secret from the public – and withholding information contained in the “Perversion Files” was only part of the coverup. In October 2012, the Charleston Gazette reported that the BSA actually called upon law enforcement and other officials to “protect the good name and good works of Scouting.” It was at that time that a court order forced the BSA to release more than 20,000 pages of documents from the “Perversion Files.” Those papers revealed more 1200 cases of alleged sexual assault against minors over a two-decade period between 1965 and 1985. It also showed that, as was the case in the Roman Catholic Church, offenders allowed to continue in their volunteer capacity.

There were also revelations of collusion and serious conflicts of interest in the Boy Scouts. In 1962, a BSA leader in Johnston, Pa., entered a guilty plea to charges of “serious morals” violations involving the Scouts with whom he worked. A local BSA executive had found out about the incidents from a board member who was serving both as the city’s police chief and mayor. It also turned out that two of the three judges who passed sentence on the offender were members of the board. Not surprisingly, the local newspapers that reported on the case made no mention of the connection with the local BSA chapter.

In another case found in the “Perversion Files” dating from 1972, a 20-year-old Scoutmaster from Waterford, Pa., confessed that he had “participated in acts of perversion with several troop members.” Written correspondence between local BSA executives and an official in Texas exhibits an appalling example of failure to hold the offender accountable. The admitted child molester was allowed to continue working with youth on a “probationary” basis for the next 5 years, during which he was accused of physically abusing the boys and using “abusive language” by the mother of a boy who returned from a Scout outing with bruises on his torso (the boy’s father wasn’t terribly concerned).

The New York Times also reported on a number of cases found in the Perversion Files, illustrating the BSA’s continual failure to deal with the issue of sexual predators in an effective manner. One local BSA executive sent a letter to headquarters in which he wrote, “I would like to let this case drop…one father has threatened legal action which could only injure the Boy Scouts of America. My personal opinion in this particular case is, ‘if it don’t stink, don’t stir it.’”

In yet another case, a father with three sons enrolled in Scouting had reportedly warned BSA officials of a scoutmaster who had abused all three of them. Later, he found the offender was still active as a BSA volunteer. Angrily, he wrote to BSA executives, telling them that their “assurances” that the molester was barred from Scouting “have just become meaningless.”

Recently, New York has expanded laws allowing those sexually abused as children hold their abusers, and possibly the organizations that shielded their abusers, accountable.

Forcing the BSA to Confront the Issue

Until 2012, BSA supporters frequently pointed out that all of the Boy Scouts sex abuse that had come to light had taken place before 1985. However, until recently, the BSA had fought to prevent the release of any records from after that time until judges in California, Minnesota, and Texas forced them to make the post-1985 files public.

Today, a total of 12,254 victims and 7,819 abusers have been identified. However, there is speculation that the number of children sexually abused while participating in the Boy Scouts could be far greater, since many incidents may have gone unreported.

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This article is not legal advice. It is presented
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