The Boy Scouts of America is an iconic youth organization that has benefited millions of children across the nation throughout its long and storied history, but it is also one of the American institutions to struggle with a dark legacy of child sexual abuse.

Hundreds of former scouts have come forward claiming they were molested at the hands of Cubmasters, Scoutmasters, den leaders, and other organization staff, and many say the organization could have protected them with better training and screening and reporting of allegations.

Is it Possible to Prevent Sexual Abuse?

Approximately 1 in 4 girls and 1 in 13 boys experience child sexual abuse, according to the U.S. Centers for Disease Control and Prevention (CDC). Moreover, 91% of child sexual abuse happens at the hands of a person the child knows, or the victim’s family knows. Many boys may not come forward with their own experiences with assault or abuse — indeed, it may go unreported for years.

It might not be possible to prevent every instance of child sexual abuse in the Boy Scouts and elsewhere, but many experts say training — for parents, teachers and anyone else in a position to work with children — and screening can reduce the risk.

The U.S. Department of Health and Human Services provides services and resources for combating and dealing with the sexual abuse of children. Among its publications is a “Preventing Child Sexual Abuse” tip sheet that offers specific advice for preventing it.

“To prevent child sexual abuse, it is important to keep the focus on adult responsibility, while teaching children skills to help them protect themselves,” it says.

The department’s tip sheet recommends parents do the following, though much of the advice is applicable to anyone supervising children:

• Maintain an active role in their children’s lives to the extent they are familiar with their activities and all the people they are involved with, and keep the lines of communication open with them.
• Keep an eye out for adults demonstrating grooming behaviors with their children, including those who frequently spend time alone with their children, shower their children with gifts or money and those “ignoring your child’s need for privacy,” in the bathroom, for example.
• Make sure the organizations and teams their children participate in keep to a minimum the amount of time their children spend alone, one-on-one, with adults and older children and make sure the staff or volunteers are properly screened and supervised.
• Teach their children the accurate names of body parts, what constitutes a bad touch, how to say no to unwanted touching and how to take care of their own bodies so they don’t need to rely on adults or older children.
• Monitor their children’s use of electronic devices, text messaging, social media and e-mail.

Sexual Abuse Prevention Programs

Numerous sexual abuse prevention programs are sponsored by the government, schools, athletic associations and other organizations, such as Kid Power, Prevent Child Abuse America and the National Children’s Advocacy Center. The programs often include training for teachers and school staff members, parent support groups, workshop and conferences for youth sports coaches and volunteers, social workers and religious organizations.

The CDC also offers resources and insists “youth- and family-serving organizations, public/governmental agencies, faith communities, and others” must have the information and tools needed to make a difference.

How Did the Boy Scouts of America Respond to Sexual Abuse?

Boy Scout officials often point to the organization’s youth protection strategies when defending  against allegations of sexual abuse in the Boy Scouts. It includes mandatory criminal background checks for leaders, youth protection training, mandatory reporting of suspected abuse and no one-on-one contact between scouts and adults. But for years, dating as far back as 1919, the Boy Scouts maintained “ineligible volunteer files,” sometimes called “perversion files,” documenting reports of predatory behavior and pedophilia.

Critics have said the files indicate the Boy Scouts were trying to keep a lid on the accusations, but scouting officials say just the opposite is true, and the files were used to keep predators away from the children. In 2019 though, chief Scout executive Michael B. Surbaugh confirmed in a letter to Congress that he “reviewed information that now makes clear to me that decades ago BSA did, in at least some instances, allow individuals to return to Scouting even after credible accusations of sexual abuse.”

Have Any Lawsuits Been Filed?

A lawsuit alleging an assistant Scoutmaster sexually abused a teenager between 1991 and 2001 has been filed by the now-adult victim who said he was only 15 to 16 years old at the time of the abuse. Convicted felon Francis McCourt was an Assistant Scoutmaster with Troop 16, which was part of the Westark Area Council Incorporated of the Boy Scouts of America, which is registered as a nonprofit organization in Fort Smith, Ark. The Westark Area Council is a named defendant in the lawsuit filed by Clifton Colwell.

McCourt, now in his 70s, is an inmate at Varner Unit in Lincoln County, Ark. where he is serving time for distributing, possessing and viewing child pornography and approximately four dozen guns in his home. He also received a conviction regarding felony stolen property from a North Dakota judgement.

According to the lawsuit, McCourt used his duties as a Scout leader to enable a friendship with Colwell and his family. McCourt allegedly gained their trust “as an instructor, guide, mentor, counselor, and authority figure,” which eventually allowed Colwell’s parents to allow their son to spend “substantial periods of time alone” with McCourt.

Colwell also alleges that Westark provided authorization for McCourt to spend time one-on-one with Colwell as part of his Scouting endeavors.

The Sexual Abuse in the Boy Scouts Lawsuit is Clifton Colwell v. Westark Area Council, Inc., Boy Scouts of America, Case No. 2:20-cv-02157-PKH, in the U.S. District Court for the Western District of Arkansas, Fort Smith Division.

What to Do if Your Child is a Victim of Sexual Abuse in the Boy Scouts

Parents of a child who has suffered from sexual abuse in the Boy Scouts might consider taking legal action against the organization for pain and suffering, emotional distress and more. Filing a lawsuit cannot take away the pain, suffering, and trauma caused by abuse, but it can at least help to hold those responsible accountable for their actions and inactions.

A number of states have recently made changes to their childhood sexual abuse laws, giving survivors more time to come forward with their allegations. Some states have even included lookback windows, allowing previously expired claims to be brought forward for the duration of the window, generally between one and three years.

Civil litigation can be a complicated and difficult process to navigate alone, especially over something as traumatic as abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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