As Hawaii’s look-back window for childhood sexual abuse lawsuits comes to a close, a group of eight former Boy Scouts has filed a lawsuit alleging that they were sexually abused during their time with the organization in the 1960s and 70s.

The men claimed that when they were Boy Scouts in Hawaii in their youth, they were sexually abused by Boy Scout staff during camping trips. One claimed he was abused by an assistant scoutmaster, while another man said that his abuse was committed by a cook for the organization. Allegedly, the abuse occurred when the men were ten and fourteen, among other ages.

The state’s look-back window on childhood sexual abuse claims ended on April 24, 2020, after several closures and reopening in recent years. Other states which have implemented look-back windows for sexual assault claims have also experienced a flood of lawsuits alleging decades-old abuse, much like the one filed in Hawaii. Around the country, these lawsuits have challenged various organizations’ response to sexual abuse of minors, and the Boy Scouts of America (BSA) has come under fire.

In the Hawaii Boy Scouts class action lawsuit, the alleged victims point the finger of blame at the Boy Scouts’ Aloha Council. The Boy Scouts of America filed for Chapter 11 bankruptcy in an attempt to shield itself from lawsuits like the Hawaii case. This bankruptcy declaration has ceased lawsuits against the Boy Scouts of America itself, says the New York Times.

However, the Hawaii Boy Scouts childhood sexual abuse lawsuit was able to proceed against the Aloha Council because look-back windows like Hawaii’s still do permit lawsuits to be filed against sponsoring organizations and local councils of the Boy Scouts. According to the New York Times, since the Hawaii window for filing old claims has now closed, the Hawaii Boy Scouts abuse lawsuit could be transferred to bankruptcy court and possibly put on hold.

How Will the Boy Scouts of America Compensate Victims?

Since the Boy Scouts of America filed for bankruptcy in February, the organization has made plans to establish a Victims Compensation Trust, a fund that will provide out-of-court settlements for victims from both insurance money and assets put forth by the Boy Scouts. These settlements provide an opportunity for victims to receive compensation, and for the organization to escape more litigation than what it is already facing.

PBS notes that the Boy Scouts of America paid $150 million to settlements and legal fees from 2017 to 2019. As of the organization’s bankruptcy filing, 275 lawsuits are pending in state court and attorneys reportedly estimate that the organization could face as may as 1,400 more claims over alleged sexual abuse.

PBS explains that a bankruptcy filing does not mean that an organization has to stop operating. Rather, it means that civil lawsuits against the organization must be paused. A bankruptcy filing allows the organization a certain amount of time to dodge lawsuits over alleged misconduct that took place before bankruptcy was filed. According to PBS, these limitations are designed to allow the filing organization to implement new policies that can help it run better.

Though many lawsuits have taken issue with the Boy Scouts of America’s handling of sexual abuse, experts have noted that even filing lawsuits against local councils could be an effective way to target inefficiencies and problems throughout an organization. Some believe that this is the case because, in the Boy Scouts, local councils are in charge of hiring and firing staff, including those accused of sexual assault. Such may also be the case in other organizations that work with youth.

Like many states around the country, Hawaii continues to reconsider its laws around sexual assault, and the statute of limitations for filing abuse lawsuits. Reportedly, the look-back window in Hawaii was enacted in 2012 and would extend for two years. The window was then extended and then reopened in 2018. The window most recently closed on April 24, 2020.

Now, lawmakers have proposed a bill that would give childhood victims of sexual abuse 50 years after their eighteenth birthday to file sexual abuse lawsuits. Some lawmakers in support of the bill have commented that they hope this extension of the statute of limitations will allow victims to feel more confident coming forward and making a a claim. Critics do worry that bringing forward old cases could be hard to litigate. Particularly, they note that it may be hard for organizations to defend themselves if they are named as defendants. Critics in the Attorney General’s Office also noted the difficulty in gathering reliable evidence for old cases. 

This article is not legal advice. It is presented
for informational purposes only.