The news that over 1000 teachers in Kenya have been dismissed in recent years for sexually abusing girls is stunning. Read The Article Here.
No matter how long I do this work, I never get used to such things—and especially not to such numbers. If you assume that, on average, each teacher involved had 10 victims—a conservative number, according to psychological literature—there are at least 10,000 girls affected. But wait: we know that only a handful ever get caught or reported: 10% would be a very high number. But even if it is that, there would be as many as 100,000 girls abused. Again, the problem seems to be of staggering proportions.
This dynamic is similar to what we learned in the sex abuse trial of the Boy Scouts in Portland this past spring. We had over 1200 “Perversion files” introduced into evidence, all concerning Boy Scout leaders sexually abusing boys, just from 1965-85. Expert testimony established that, for such an environment, each such Boy Scout leader would have, on average, 10-20 victims, and that, perhaps 10% of all sex abuse in the Boy Scouts would ever be reported—a very optimistic number, the experts agreed. But if you do that math, it means that somewhere between120,000 and 240,000 boys were sexually abused in Boy Scouting, JUST from 1965-85. And we know that the Boy Scouts have been keeping their “confidential Perversion files” on child sexual abusers since 1925. As I have said repeatedly since the trial, I am personally convinced that the problem of child sexual abuse in the Boy Scouts is at least as serious, if not worse, than the sexual abuse problem in the Catholic Church.
Less than 24 hours after the 2nd District Court of Appeal ruling in Los Angeles calling for the release of personnel documents in the Franciscan friars sex abuse case, THESBNN.COM has learned the case may be headed to the California Supreme Court.
The Franciscans are considering a challenge based on the psychotherapist-patient privilege, according to their attorney, Brian Brosnahan.
“The court’s decision will make it impossible for religious and other organizations to use psychotherapy to detect and treat their members who are accused of sexual abuse,” Brosnahan said.
In a unanimous ruling Thursday, September 30, the three justices said documents should be made public, which means thousands of pages of the medical, psychiatric, disciplinary and other personnel files on the friars, are to be made available for public viewing.
A large part of the case stems the events at St. Anthony’s Seminary in Santa Barbara, from 1964 to 1987.
Local attorney Tim Hale represented some of the victims in a multi-million dollar settlement.
But for Hale and many of those abused, it was never about the money; it is about opening the books that conceal the seminary’s dark secrets.
Judge Peter Lichtman agrees.
“All citizens have a compelling interest in knowing if a prominent and powerful institution has cloaked in secrecy decades of sexual abuse revealed in the psychiatric records of counselors who continued to have intimate contact with vulnerable children while receiving treatment for their tendencies toward child molestation,” Lichtman wrote in his opinion.
But the ruling is more far-reaching than the public may realize right now Brosnahan says, characterizing it as a detriment to the process used by ministries and organizations to prevent future abuse.
“The Court has ruled that as soon as the psychotherapist reports the diagnosis and treatment recommendations back to the Franciscans, the psychotherapist-patient privilege is lost and the reports become public information. The obvious consequence of this is that accused friars will not be candid with the psychotherapist and will not cooperate in diagnosis or treatment.”
And in what may provide a glimpse into the Franciscans’ legal strategy Brosnahan said, “This will render psychotherapy useless as a tool to detect and treat sexual offenders.”
PRESS RELEASE – ‘WHAT THE POPE KNEW’
A CNN Special Investigation CNN national correspondent Gary Tuchman,reports for What the Pope Knew , investigating some of the most notorious pedophile priest cases in the United States and finds that the pope, as Cardinal Ratzinger, had direct responsibility for how they were handled. CNN’s investigation reveals that Ratzinger opposed or slowed down the defrocking of some priests, including convicted child molesters.
What the Pope Knew
Saturday, Sept. 25 at 8:00pm ET and PT
CNN and CNN International.
Brian Rokus and Scott Bronstein, from CNN’s Special Investigations and Documentaries unit, are the producers and writers for What the Pope Knew. Kathy Slobogin is managing editor, Scott Matthews is the executive producer.
Details:
During his first papal visit to the U.S., Pope Benedict XVI reached out to victims of sexual abuse by Catholic priests, unprecedented for the Vatican. He became the first pope to directly and personally apologize to victims for their trauma. He was the first to acknowledge publicly that the Church had systemically erred in the way that it had transferred offending priests to new parishes, putting more children at risk, instead of reporting offenders to law enforcement. A new era of accountability seemed to have dawned. But Benedict’s role in managing the child sex abuse scandal while he was Archbishop of Munich and Freising, and as a powerful cardinal at the Vatican, has now come under scrutiny.
Conflicting portraits of the former Joseph Ratzinger have emerged. While defenders of this pope insist he has done more than any other church authority to change the Vatican’s policies and, apologize for the abuses. Others point out that he has been in positions of power for nearly 30 years and could have done more. “Joseph Ratzinger was not and is not the villain of the sexual abuse crisis in the Catholic Church in no way shape or form. Yet, he’s not the hero either. He was part of the culture,” says David Gibson, the pope’s biographer, in the documentary.
The documentary features insights from Vatican insiders and internal church documents about abusive priests. It also features a rare interview with the “Vatican’s prosecutor,” Charles Scicluna, as well as an exclusive interview with the first victim to personally sue Pope Benedict. CNN’s investigation is a complex portrait of the pope; while he seemed to move with rapidity to discipline priests whose values he felt strayed too far from Catholic orthodoxy, his delays and deliberations on even the most egregious of the child abuse cases baffles and infuriates those waiting for justice.
Various stories and sections of the documentary will also be available on CNN.com. CNN Worldwide, a division of Turner Broadcasting System, Inc., a Time Warner Company, is the most trusted source for news and information. Its reach extends to nine cable and satellite television networks; one private place-based network; two radio networks; wireless devices around the world; CNN Digital Network, the No. 1 network of news Web sites in the United States; CNN Newsource, the world’s most extensively-syndicated news service; and strategic international partnerships within both television and the digital media.
This is what I meant when I said, in a 2008 debate with the ACLU’c Charlie Hinkle at the City Club that we in Oregon have "too much free speech." When we cannot pass common-sense laws aimed at protecting children because of wholly abstract "free speech" limits, then we have "too much free speech," and judges run a risk of so alienating the public, so separating the "constitutional sense" from the "common sense" of the people, that both the courts and the constitution will lose legitimacy with the average citizen.
For More Information:
Michael Beaty (360) 695-7909
Kelly Clark (503) 306-0224
Vancouver, Wash—Two adults today filed suit in Clark County Superior Court against the La Center School District for childhood sexual abuse they suffered as second-graders at the hands of their teacher, Robert David Ryan, in the early 1980’s. The suit contends that the District was negligent in its supervision of Ryan at MaryGabrielsonElementary School and because of the school district’s negligence, the plaintiffs suffered severe and permanent mental, emotional and psychological damage. The teacher would routinely fondle students under the pretext of having them sit on his lap, or sit next to him, while he ostensibly gave instruction, according to the lawyers for the victims, Vancouver attorney Michael Beaty and Portland attorney Kelly Clark.
The second grade teacher had worked for the school district for about 10 years prior to his arrest. He was charged with the sexual abuse of 14 of his students between the ages of seven and nine years old. The teacher plead guilty to two counts of “Indecent Liberties” on June 2, 1983 and was sentenced to 10 years in prison and an additional 10 years of probation. According to court records, the teacher later admitted to abusing about 25 students and that he had not “expressed in any guilt or remorse for his actions.” The teacher’s last known address was in Missouri.
The plaintiffs, now in their 30’s, are both Washington residents, though one is currently working out of state. “We see the way in which a child abuser can use his authority and position to manipulate and abuse children, especially when those who are supposed to be supervising him are not doing their job,” said Beaty, a Vancouver trial attorney who has previously represented hundreds of personal injury victims.
“This teacher was audacious—covertly abusing kids in the presence of other kids, and in plain view of other teachers and staff,” said Clark, who frequently represents victims of child sexual abuse. “This administration clearly was not paying attention to the rumors and warning signs.”
According to the attorneys, both adults have had significant consequences from their childhood abuse: trauma, early onset alcohol and drug abuse, chronic anxiety, long-term depression and repeated failures in relationships. “They are just starting to deal with the impact that the abuse is having on their lives,” said Beaty. “They know they are in for a long road.”
“What these two have suffered are the signature symptoms of the crime of abuse,” said Clark, who regularly represents child abuse victims in cases against churches, schools, and other youth organizations, including the Boy Scouts—against whom he won a $20M verdict in May of this year in a Portland trial. “When this kind of thing happens to a 7 year- old, it is like vandalism to the soul, and it takes decades to recognize and repair the wreckage.
Under Washington law, a lawsuit does not state the amount of money sought, and the suit says only that the plaintiffs “seek damages in an amount to be proven at trial.” According to Beaty, the case should come to trial in about a year.
PORTLAND, Ore. — Six men who were sexually abused three decades ago by a leader of their Boy Scouts troop have settled lawsuits against the national organization dedicated to building character among youngsters.
The settlement followed a trial in which the Scouts were accused of failing to act for decades on a growing trove of documents alleging sexual abuse — known in the organization as "the perversion files."
In April, an Oregon jury awarded the first of the six victims to go to trial nearly $20 million from the century- old, congressionally chartered organization.
"I’m glad it’s over with. I’m glad the jury heard us and believed us," said Kerry Lewis, an unemployed former factory worker who now lives in Medford, Ore.
"Other children in the future will have more protection than I did."
Lewis agreed during the trial to be identified in news stories. He participated by telephone with his lawyers at a news conference Wednesday.
The second trial was scheduled in October.
Lawyers for the men said the settlement agreement was reached last week.
Only one of the financial details was made public, and that because it would be a matter of public record: The state of Oregon will be paid $2.25 million in punitive damages.
By law, the state gets 60 percent of punitive damage awards in Oregon. But plaintiffs’ lawyer Kelly Clark cautioned against making calculations based on the state’s allocation.
"You can’t just do the math," he said. "It’s not even close."
The other five men were prepared to go to trial, Clark said. All six were determined not to settle individually, he said, and all settled because they are "in the process of getting on with their lives and getting healed."
He refused to say whether they would have equal settlements.
The jury found the Texas-based Boy Scouts of America negligent for allowing a former assistant scoutmaster, Timur Dykes, to associate with Scouts after he admitted to a Scouts official in 1983 that he had molested 17 boys.
"We extend our sympathies to the victims and are pleased to have reached a settlement which will both prevent these men from reliving their experiences during a trial and allow BSA to focus even more intently on the continued enhancement of our youth protection program," Boy Scouts of America spokesman Deron Smith said in an e-mail.
Journalists have sought the documents the jury saw, and the Oregon Supreme Court is considering whether to make them public.
The Boy Scouts have settled sex abuse lawsuits out of court before, although the exact number is not known because not all are announced.
But an expert on the subject, Patrick Boyle, has said the Scouts were sued at least 60 times in 1984-92 for alleged sex abuse, with settlements and judgments totaling more than $16 million.
The plaintiffs’ lawyers said they represent more than a dozen victims in similar sex abuse cases, mainly in the West and Florida.
Given the evidence from two decades worth of Scouts documents, the number of instances of sexual abuse that go unreported and the number of victims that sexual predators typically have, the pending cases represent a sliver of what are likely tens of thousands of cases of abuse, said Paul Mones, another attorney for the six men.
"During the trial, we heard from men in their 60s and 70s who were molested in the 1940s, ’50s and ’60s," he said.
Paying punitive damages to the state constituted an acknowledgment of wrongdoing from the Scouts, he said.
He said the jury verdict led the organization to require training in abuse issues for its volunteers and to hire a former police officer as a child protection advocate.
"Basically, hopefully, it’s a new day for the Boy Scouts now."
Six men who were sexually abused three decades ago by a leader of their Boy Scouts troop have settled lawsuits against the national organization dedicated to building character among youngsters.
The settlement followed a trial in which the Scouts were accused of failing to act for decades on a growing trove of documents alleging sexual abuse — known in the organization as "the perversion files."
In April, an Oregon jury awarded the first of the six victims to go to trial nearly $20 million from the century-old, congressionally chartered organization.
"I’m glad it’s over with. I’m glad the jury heard us and believed us," said Kerry Lewis, an unemployed former factory worker who now lives in Medford, Ore. "Other children in the future will have more protection than I did."
Lewis agreed during the trial to be identified in news stories. He participated by telephone with his lawyers at a news conference Wednesday.
The second trial was scheduled in October. Lawyers for the men said the settlement agreement was reached last week.
Only one of the financial details was made public, and that because it would be a matter of public record: The state of Oregon will be paid $2.25 million in punitive damages.
By law, the state gets 60 percent of punitive damage awards in Oregon. But plaintiffs’ lawyer Kelly Clark cautioned against making calculations based on the state’s allocation.
"You can’t just do the math," he said. "It’s not even close."
The other five men were prepared to go to trial, Clark said. All six were determined not to settle individually, he said, and all settled because they are "in the process of getting on with their lives and getting healed."
He refused to say whether they would have equal settlements.
The jury found the Texas-based Boy Scouts of America negligent for allowing a former assistant scoutmaster, Timur Dykes, to associate with Scouts after he admitted to a Scouts official in 1983 that he had molested 17 boys.
"We extend our sympathies to the victims and are pleased to have reached a settlement which will both prevent these men from reliving their experiences during a trial and allow BSA to focus even more intently on the continued enhancement of our youth protection program," Boy Scouts of America spokesman Deron Smith said in an e-mail.
Journalists have sought the documents the jury saw, and the Oregon Supreme Court is considering whether to make them public.
The Boy Scouts have settled sex abuse lawsuits out of court before, although the exact number is not known because not all are announced.
But an expert on the subject, Patrick Boyle, has said the Scouts were sued at least 60 times in 1984-92 for alleged sex abuse, with settlements and judgments totaling more than $16 million.
The plaintiffs’ lawyers said they represent more than a dozen victims in similar sex abuse cases, mainly in the West and Florida.
Given the evidence from two decades worth of Scouts documents, the number of instances of sexual abuse that go unreported and the number of victims that sexual predators typically have, the pending cases represent a sliver of what are likely tens of thousands of cases of abuse, said Paul Mones, another attorney for the six men.
"During the trial we heard from men in their 60s and 70s who were molested in the 1940s, ’50s and ’60s," he said.
Paying punitive damages to the state constituted an acknowledgment of wrongdoing from the Scouts, he said. He said the jury verdict led the organization to require training in abuse issues for its volunteers and to hire a former police officer as a child protection advocate.
"Basically, hopefully, it’s a new day for the Boy Scouts now," Mones said.
Six men who were abused by a Boy Scout leader in the 1980s reached a financial settlement with the Boy Scouts of America.
The settlement includes a requirement that the Boy Scouts pay the state $2.25 million as 60 percent of the punitive damages in the case.
The amount of the settlement was kept confidential. It came five months after a Multnomah County jury awarded Kerry Lewis $19.9 million in damages for abuse he suffered at the hands of Assistant Scoutmaster Timur Dykes.
The trial in April featured for the first time the secret files – what the Boy Scouts calls its “Perversion Files” – with more than 20,000 pages of documents on child abuse, demonstrating that the organization was aware for decades of the size and scale of its child abuse problem.
Five other men also abused by Dykes in the same troop were scheduled to begin trials of their cases this fall.
“On behalf of all six of us, I can say that we are glad this is over,” Lewis said. “Three years of litigation has taken a huge toll on our lives and families, but we believe it was worth the struggle because the jury heard what happened and stood with us. We believed in the best ideals of Scouting – and still do – but we also want Scouting to act consistently with those ideals. Hopefully, they now will.”
Portland attorneys Kelly Clark and Paul Mones announced the settlement Wednesday morning in Portland.
A settlement with six men molested by a former Portland Boy Scout leader is the latest in a series of new steps by the 100-year-old national youth organization to acknowledge its dark past and adopt safeguards to better protect boys from sexual abuse.
The settlement, announced Wednesday, prevents the men from talking about how much money each received to compensate them for abuse in the 1980s. But the amount likely reaches into the multiple millions of dollars, considering the Boy Scouts of America also will pay the state $2.25 million as part of the agreement.
Kelly Clark, an attorney for the men, said he hoped the settlement makes the Boy Scouts safer for children, just as widespread sexual-abuse litigation against the Catholic Church made the church safer.
"That’s not primarily because the bishops got the Holy Spirit, that’s because the bishops got sued," Clark said.
Clark and attorney Paul Mones won a more than $19 million jury verdict against the Boy Scouts of America in April for failing to protect 38-year-old Kerry Lewis from Timur Dykes — an assistant Scoutmaster and convicted pedophile who had admitted to molesting 17 boys.
The verdict helped move along the settlement negotiations, the attorneys said. Lewis joined the others to avoid what was expected to be a lengthy appeal of the jury’s verdict in his case, believed to be the largest award in the country for a sexual abuse victim.
Lewis and the other five men were all members of the same troop and victims of Dykes. The men, now in their 30s and early 40s, claimed that Scouting executives knew they had a decades-long problem of pedophiles volunteering, yet failed to warn parents or children.
The Boy Scouts are now responding with better policies, the attorneys said.
Five weeks after the trial, the Texas-based organization made youth-protection training mandatory for all registered volunteers.
Three months after the trial, the organization’s first ever youth-protection director began work. Mike Johnson, a former child-sexual abuse investigator for the police department in Plano, Texas, is considered a "world-renowned expert," said Deron Smith, a spokesman for the Boy Scouts.
"I’m glad the community and the jury heard us and believed us," said Lewis, who agreed to be identified in news stories during the trial and now lives in Klamath Falls. "And I’m glad other children are going to have more protection than I did. It makes it all worthwhile."
Lewis said the Scouts have never directly said they were sorry. But Smith, the Scouts spokesman, said a statement he e-mailed to media Wednesday contained an apology.
"We extend our sympathies to the victims and are pleased to have reached a settlement which will both prevent these men from reliving their experiences during a trial and allow BSA to focus even more intently on the continued enhancement of our youth protection program," the statement read.
It also stated that "youth safety is the number one priority of the Boy Scouts of America, and we are deeply saddened by the events in these cases."
Though no one will say how much the settlement is worth, the payment to the state indicates it’s high. Under Oregon law, the state gets 60 percent of all punitive-damage awards, and it had $11.1 million coming under April’s verdict. So lawyers for both sides allowed the state to negotiate a settlement.
Clark cautioned people not to speculate about the overall amount based on the state figure. "You can’t do the math, it’s not even close," Clark said.
Key to Lewis’ case were so-called red-flag files that the Boy Scouts have fought to keep out of the public eye, but that Multnomah County Circuit Judge John Wittmayer allowed to be used during the trial. The files amounted to 20,000 pages of information collected by Boy Scout executives from 1965 to 1985 on 1,247 volunteers who were suspected of molesting boys or other inappropriate behavior.
Lewis’ attorneys estimated that the files encompassed 6,000 to 18,000 children who had been abused over 20 years. That’s a fraction — maybe 10 to 20 percent — of the true number of victims because most sexual abuse isn’t reported, Mones said. Most victims, he said, don’t get the resolution his six clients got from the settlement.
"And that’s a tragedy," Mones said.
Clark said he has 14 other clients who are suing the Boy Scouts for sexual abuse in Oregon, Washington, California, Idaho and Florida.
PORTLAND, Ore. — Six men who were sexually abused three decades ago by a leader of their Boy Scouts troop have settled lawsuits against the national organization dedicated to building character among youngsters.
The settlement followed a trial in which the Scouts were accused of failing to act for decades on a growing trove of documents alleging sexual abuse — known in the organization as "the perversion files."
In April, an Oregon jury awarded the first of the six victims to go to trial nearly $20 million from the century-old, congressionally chartered organization.
"I’m glad it’s over with. I’m glad the jury heard us and believed us," said Kerry Lewis, an unemployed former factory worker who now lives in Medford, Ore. "Other children in the future will have more protection than I did."
Lewis agreed during the trial to be identified in news stories. He participated by telephone with his lawyers at a news conference Wednesday.
The second trial was scheduled in October. Lawyers for the men said the settlement agreement was reached last week.
Only one of the financial details was made public, and that because it would be a matter of public record: The state of Oregon will be paid $2.25 million in punitive damages.
By law, the state gets 60 percent of punitive damage awards in Oregon. But plaintiffs’ lawyer Kelly Clark cautioned against making calculations based on the state’s allocation.
"You can’t just do the math," he said. "It’s not even close."
The other five men were prepared to go to trial, Clark said. All six were determined not to settle individually, he said, and all settled because they are "in the process of getting on with their lives and getting healed."
He refused to say whether they would have equal settlements.
The jury found the Texas-based Boy Scouts of America negligent for allowing a former assistant scoutmaster, Timur Dykes, to associate with Scouts after he admitted to a Scouts official in 1983 that he had molested 17 boys.
"We extend our sympathies to the victims and are pleased to have reached a settlement which will both prevent these men from reliving their experiences during a trial and allow BSA to focus even more intently on the continued enhancement of our youth protection program," Boy Scouts of America spokesman Deron Smith said in an e-mail.
Journalists have sought the documents the jury saw, and the Oregon Supreme Court is considering whether to make them public.
The Boy Scouts have settled sex abuse lawsuits out of court before, although the exact number is not known because not all are announced.
But an expert on the subject, Patrick Boyle, has said the Scouts were sued at least 60 times in 1984-92 for alleged sex abuse, with settlements and judgments totaling more than $16 million.
The plaintiffs’ lawyers said they represent more than a dozen victims in similar sex abuse cases, mainly in the West and Florida.
Given the evidence from two decades worth of Scouts documents, the number of instances of sexual abuse that go unreported and the number of victims that sexual predators typically have, the pending cases represent a sliver of what are likely tens of thousands of cases of abuse, said Paul Mones, another attorney for the six men.
"During the trial we heard from men in their 60s and 70s who were molested in the 1940s, ’50s and ’60s," he said.
Paying punitive damages to the state constituted an acknowledgment of wrongdoing from the Scouts, he said. He said the jury verdict led the organization to require training in abuse issues for its volunteers and to hire a former police officer as a child protection advocate.
"Basically, hopefully, it’s a new day for the Boy Scouts now," Mones said.
Six men who alleged they were sexually abused by an Oregon Boy Scouts leader in the 1980s have settled their lawsuit. The men sued the Boy Scouts of America and its local branch, the Cascade Pacific Council.
At a press conference today, attorney Kelly Clark would not say how much money each plaintiff would receive from the Boy Scouts.
Kelly Clark: “What is not confidential about the settlement is that the state of Oregon will be paid $2.2 million in punitive damages directly by the Boy Scouts. And we believe this will be the first time ever that the Boy Scouts have paid punitive damages.”
One of the six plaintiffs, Kerry Lewis, went to trial this spring. A jury found the Scouts negligent for failing to warn Lewis’ family that his scoutmaster had abused other boys.
They awarded a record $20 million in damages. But the Scouts said they planned to appeal.
The settlement ends that litigation. The Boy Scouts said in a statement they are focusing on improving their youth protection program.
The Boy Scouts of America have reached a financial settlement with six men who say they were sexually abused when they were members of the same troop in Oregon in the 1980s.
The settlement, whose terms were not disclosed, was reached last week and announced Wednesday by the plaintiff’s lawyers. It was confirmed by the national scouting organization, which is based in Irving, Texas.
“I’m so glad this is over,” Kerry Lewis, 38, one of the former scouts, said in a conference call with reporters.
Deron Smith, a spokesman for the Scouts, said the organization was “deeply saddened by the events in these cases” and extended its sympathies to the victims. He said the Scouts had taken steps to improve its youth protection program and provide a safer environment for boys.
The settlement comes after a trial in which a jury awarded Mr. Lewis $19.9 million in damages in April. His lawyers, Kelly Clark and Paul Mones, based in Portland, are representing more than a dozen other former scouts in abuse cases around the country; several others are also pending.
The six former scouts had initially joined in one lawsuit, in 2007, but the judge in the case, John A. Wittmayer, selected Mr. Lewis’s case to go to trial first. At the trial, a former assistant troop leader, Timur Dykes, admitted to molesting Mr. Lewis when Mr. Lewis, who still lives in Oregon, was about 12. After the verdict, the judge sent both sides into mediation in hopes of reaching a settlement in all six cases.
The Scouts intended to appeal Mr. Lewis’s jury award and had not yet paid it, Mr. Mones said; a payment to Mr. Lewis is part of the negotiated settlement, but his lawyers would not say whether his settlement exceeded his jury award. The Scouts were ordered to pay the State of Oregon $2.25 million in punitive damages.
The lawyers said their clients had decided to settle because their cases could have gone on for years.
An Open Letter to Youth Organizations, Churches, and Schools.
By Kelly Clark
September 1, 2010
After six weeks of trial against the Boy Scouts of America—resulting in, as far as I know, the largest child abuse verdict in American history on behalf of one plaintiff—I am being asked repeatedly to blog about the lessons from the trial. There are of course many, and some of the most important have to do with Kerry Lewis, my client and now friend, who stood so courageously and told his story so clearly. But the lessons from the other end of the evidence—about what happens when good youth organizations forget their first principles and react to allegations of child abuse by keeping secrets—is what I want to write about first. So here is an open letter to youth organizations; here is what I hope they learn:
Dear Youth Organization:
I write this to you because you have taken on the great task of working with children. Whether you are a school, a church, an athletic league, a dance company or a day care center, whether you are a public or private entity, whether you are a new organization or have been around for decades, you are doing good work. You are helping our young people to grow up, and you are doing your best. No doubt. So I respectfully offer some of the lessons of the long trial in Portland, Oregon against the Boy Scouts. Please learn these lessons, so that kids will be safe and so that you don’t make the same mistakes that too many other youth organizations have made.
So, while it is all fresh in our minds, let’s consider the lessons from this trial against the Boy Scouts of America – once America’s most trusted youth organization – as the evidence came in to a very attentive and unusually well-educated jury:
1. You Cannot Keep Secrets About Hidden Dangers to Children.
Youth organizations must do everything feasible to protect children, and cannot keep secrets about hidden dangers to children.” This simple theme was the foundation for our entire case. It seemed to us—my co-counsel Paul Mones and I– to be a fair and general principle to which any youth organization would agree. We had planned to go from that principle to showing that BSA had not adhered to the common sense rules. Yet numerous times during the trial we were stunned to hear witnesses for the BSA who would refuse to acknowledge this basic idea. Not refuse to acknowledge that the BSA violated this idea– we expected that. But refuse to acknowledge the basic principle itself! The message given to the jury by such quibbling was that the BSA was playing word games and putting qualifiers on the question of safety to children.
The fact is, the BSA has known for decades that it had a serious child abuse problem. They kept interior confidential files on the problem since the 1920’s, and certainly by the 1950’s and 60’s knew that the thousands of files (the evidence was that by 1985 the BSA had at least 3000- 4000 pedophile files)—representing thousands or tens of thousands of children abused– meant that their program was being targeted by pedophiles.
Yet, the BSA still refused to admit in open court the very obvious truth that it had, and has, a child abuse problem. Several key witnesses repeatedly argued about or qualified the simple phrase “problem” in response to direct questions. It was like listening to an alcoholic or addict refuse to admit that he or she “has a problem” and needs help, when everyone around sees the chaos and insanity of substance addiction. The jury saw this fierce and calculated denial of the problem, and quite apparently did not like it.
So the message is simple: youth organizations cannot keep secrets about hidden dangers to children. Parents and the community have a right to know if there is a risk to children. You would give a clear warning about food poisoning among your kids, or about a dangerous crosswalk near your building. The fact that your warning might have to be about an embarrassing problem with child abuse within your organization does not change the obligation to warn. Not even for the esteemed Boy Scouts of America. That is one of the key lessons of this trial.
2. As your knowledge increases, so does your responsibility.
Oregon law, as is true of the law in most states—as well as common sense– says that whether a person acted “reasonably” under the circumstances depends upon what the person knew about the dangers at issue. A seaside hotel owner who knows that people regularly get caught in dangerous ocean undertows right in front of the hotel has a different obligation to warn guests than that same hotel owner might have to warn about a freak and unforeseeable storm. It is just common sense. So, as the BSA over the years and decades gathered its knowledge about the pedophile problem within Scouting, it was no longer good enough simply to keep a list of the pedophiles so they could not come back into the organization. At some point, the BSA had an obligation to take and use that information to make the organization safer. If the BSA headquarters had been filled with $100 bills instead of the names of little boys, and 4000 times over a 5 decade period thieves had broken in to steal money, the BSA would not simply have kept a list of the thieves to prevent them from getting into the building. The BSA would have changed its security systems to prevent new thieves from getting in! That simple analogy perfectly describes the BSA’s response to its child abuse problem.
So the second lesson for youth organizations from the BSA trial is painfully obvious– as your knowledge increases so does your responsibility. Is it a good thing to keep data about your safety issues? Of course. Is it smart to make sure that a known pedophile cannot get back into your organization? Obviously. But that, in and of itself, is not enough to fulfill your duty to protect children. You must look at what changes are necessary to make the organization safer.
3. You must always put the safety of children ahead of the interests of the organization.
If there is a common thread that I have seen in advocating for child abuse victims against a variety of institutions of trust—churches, schools, foster care agencies, and now the BSA—it is this: there seems to be an idea that the work of the organization is so important, its goals so noble, that there might be times when it is necessary to “keep a lid on this problem.” This, of course, is the misguided historical response that produced the ongoing scandals in the Catholic Church. But it goes way beyond that particular institution of trust. So many youth organizations have great goals and purposes. They do good work. They help children and help the community. And so, when trouble comes along, their first instinct is to protect the work. And if this means keeping a potentially embarrassing problem quiet—even at the risk of keeping secrets about child abuse—they reactively take that route. While that may be an understandable reaction, it is always disastrous, sooner or later. The old idea that “the ends justify the means” can never apply to a sluggish response to child abuse, and too many good organizations fall prey to the temptation to protect the organization. The safety of children, and whatever it takes to accomplish that—including blaring trumpet warnings if that is necessary—must always take precedence over the reputation of the organization. That is lesson 3 from the BSA trial.
4. When it goes bad, accept responsibility and apologize.
It is a timeless truth that runs through all societies at all times and places, but especially through the religions and ethical systems of Western culture: apologies heal. This truth is central to our legal system as well, even to the point that it is an expectation in the criminal justice system that someone who is found to have broken the community’s rules will apologize—in part, at least because we understand that it will be helpful for the victim. But it is not limited to the criminal justice courts: we expect apologies from those who have harmed others, and those who have knowingly failed to protect those in their care—especially institutions of trust such as churches, schools and youth organizations like the Boy Scouts.
And all this is especially true for victims of child sexual abuse, who so often believe that, somehow the abuse was their fault, that they should have done something to stop it, or they should have immediately told someone—all beliefs which the mental health professionals tell us are almost universal in child abuse victims. So when they receive an acknowledgement of responsibility and a sincere apology from those responsible for their abuse— the perpetrator of the abuse, an institution that could have prevented the abuse, or both—it is incredibly healing and empowering. Suddenly, in one moment, the survivor realizes that his or her core beliefs about this life-altering event—“it was my fault; I am fundamentally flawed because of what I did and did not do about this”—are all wrong, and that the person or institution who is factually and morally responsible for the abuse is owning up to what happened. The weight and burden of this wrong, which has been on the shoulders of the victim for so many years or even decades, is lifted off of the victim and placed where it belongs.
This is such basic common sense and human experience that it is hard to understand why institutions of trust—such as the Boy Scouts, the Catholic Church, and others— are so reluctant to make this simple and profound gesture. Of course, it involves the acceptance of responsibility, and too often that acceptance is slow to come for an organization that prides itself on the nobility of its purpose. It is, after all, hard for someone who thinks he is a hero, or divinely inspired, to admit that he failed utterly in one of his prime responsibilities and is now being called to account for it. We have seen this for at least a decade in watching the Catholic Church come to grips with the magnitude of its child abuse problem—to accept that it even had a particular problem, to acknowledge that the Church badly failed in its historic response to that problem, and to make unequivocal apologies to those who were damaged by those failures.
This same dynamic of denial seems to be true for the BSA—which, apart from the specific facts of this case in Portland, continues to deny publicly that it has historically had a serious child abuse problem—different both in type and frequency from that in society at large. Not once during the decades that we have litigated against the BSA, in dozens of cases, whether settled or tried to a jury, has the BSA offered even a simple apology to any of our clients. And we know of no circumstance in which the BSA ever has issued an apology to the thousands of boys who were abused by Scout leaders.
I want to say in conclusion, again, that the Boy Scouts of America is a great organization. Our boys need good, strong role models to learn the art and habits of living an honorable life as they move into manhood. Lord knows our society needs more young men of integrity, purpose and faith. BSA is in a position as it enters its second century to play a unique role in shaping young men. It is an awesome responsibility. We can only hope that the leadership of this organization steps back, moves past the shock and shame of a jury’s stern rebuke, and takes stock of what is truly all about. If it does, then it can move to reclaim society’s trust and admiration. If it does not, if it continues to shoot the messengers—lawyers, plaintiffs, juries, the news media– then it will lose its credibility, it will become a shell of what it once was and again could be, and it will eventually slide into irrelevance.
By SCOTT K. PARKS / The Dallas Morning News sparks@dallasnews.com
Saturday, July 24, 2010
Pedophilia has dogged the Boy Scoutsfor decades, and the issue shows no signs of going away. No one knows how many men have infiltrated the organization for immoral sexual purposes.
News organizations and child advocates are awaiting an Oregon court’s ruling on whether thousands of internal files documenting suspected pedophiles in Scouting should be released to the public.
The so-called "ineligible volunteer" files are kept at the Boy Scouts’ national headquarters in Irving.
Spanning two decades between 1965 and 1985, they tell unspeakable stories.
The files were entered into evidence during a civil court case pitting former Boy Scout Kerry Lewis against the Scouts’ national council and its Portland-area branch.
Lewis alleged that a Scoutmaster had sexually abused him repeatedly when he was a Scout during the 1980s – even after the Scoutmaster had been identified as a pedophile.
The case ended in April when a jury returned an $18.5 million verdict against the Scouts.
Kelly Clark, one of Lewis’ attorneys, successfully argued that the BSA had reacted defensively to allegations that it hadn’t done enough to identify and prosecute pedophiles in its ranks, preferring instead to quietly expel them.
Evidence showed that Scout leaders often did not tell parents that pedophile Scoutmasters had abused their children. The Oregon jury’s verdict sent a clear message to Scouting, Clark said.
"The short version is that you cannot put the mission of the organization above the safety of kids, no matter how divinely inspired you think it is," Clark said.
The Scouts plan to appeal the Oregon verdict, but they face similar pedophile cases around the U.S.
Virginia Starr, a spokeswoman for the Scouts, addressed the issue in e-mailed answers to questions from The Dallas Morning News. She said the organization established a Youth Protection Program in the late 1980s and has repeatedly improved it during the last 20 years.
Scout leaders are no longer allowed to meet one on one with boys. Mandatory youth-protection training for all Scoutmasters and other adult volunteers was adopted just last month. Criminal background checks for volunteers are required.
In addition, Scoutmasters and Scouts cannot sleep in the same tent unless they are father and son. Separate shower arrangements are made for adults and children on campouts.
Jim Brunner, Scoutmaster of Troop 300 in Plano, is among the many adult volunteers watching the pedophile cases as they go to court. He said the allegations are decades old and do not reflect today’s reality.
He praised chief Scout executive Bob Mazzuca and the national office for adapting to the times, even to the point of including warnings against pedophiles in the legendary Boy Scout Handbook.
"The Boy Scouts are on the cutting edge of youth protection," Brunner said. "They’ve led the way."
Pedophiles present one problem for the Scouts. The ban on gays presents another challenge. It essentially forces families to decide whether it’s ethical to belong to a group that discriminates against people based on sexual orientation.
Mazzuca said his organization’s position is essentially synonymous with the U.S. military’s "Don’t ask, don’t tell" policy.
"The issue only becomes an issue when a person makes it an issue," he said in an interview with The News. "Sexuality has no place in Scouting in any context."
In a two-page document titled "2009 Report to the Nation," Mazzuca makes no mention of youth protection or any of the other issues that threaten to distract Scouting from its mission.
Instead, the report is filled with facts: Scouts collaborate with 118,000 educational, faith-based and community organizations; 52,470 Scouts earned the Eagle rank in 2009; Scouts contributed more than 700,000 hours to projects beneficial to streams, lakes, oceans and other bodies of water.
Concluding his interview with The News, Mazzuca said, "We plan to be here for another hundred years."
The Boy Scouts‘ effort to protect their young members from sexual abuse had large gaps from the start and has significantly fallen behind modern practices.
Videos intended to alert youth about potential abuse don’t warn that Scout leaders could be molesters, despite an 80-year record of just such scenarios.
Few of the 1.2 million adults volunteering in Scouts have been required to take training that the Boy Scouts offer.
About the story
The confidential Boy Scout files used in reporting this story were first seen outside the Scouts’ inner circle in 1991, when California attorney Michael Rothschild won access to them as part of a civil suit. Seattle attorney Timothy Kosnoff later obtained the records and scanned them to create a database, which he shared with The Oregonian.
A similar set of files, from 1965 to 1985, was entered into evidence in the recent Multnomah County civil case brought by a sex-abuse victim of former Scout leader Timur Dykes. Those files have been sealed, but The Oregonian, The Associated Press and The New York Times, among others, have filed a motion to make them public.
Reporter Peter Zuckerman conducted much of the background research used here before leaving the paper last year. He is now writing a book. Reporters Les Zaitz and Nicole Dungca subsequently gathered additional court, corrections, police and other public records and interviewed experts and other sources.
Today: Boy Scout efforts to keep out pedophiles had significant gaps from the start.
Checking those volunteers for past criminal conduct wasn’t started until 2003, and each person is checked only once. Thousands who started before then weren’t included. Finally, in 2008, the Scouts required checks on everyone renewing their annual registration as a Scout volunteer.
The Scouts ignored their own experts’ advice to study and learn from thousands of confidential files on abusers.
A Portland jury with unprecedented access to those files sent a message last month that the Boy Scouts of America must do a better job of protecting the nearly three million kids in their programs. In a civil trial, jurors found the Scouts liable for allowing a former assistant Scoutmaster, Timur Dykes, to continue working with – and abusing – a Boy Scout after Dykes pleaded guilty to attempted sexual abuse of young boys.
"They never said once that ‘We have a problem,’" said Margaret Ormsbee, one of the jurors. "It felt to jurors that maybe they weren’t taking this seriously."
The jurors slammed the Scouts with the largest verdict in the group’s 100-year history. They awarded $18.5 million for abuse by Dykes, who admitted molesting 17 boys just as the youth protection program was being developed.
National Scout executives declined interviews or to respond in detail to two letters offering them factual statements to verify.
"There are many inaccuracies," the Boy Scouts said in a statement last Thursday. They said they didn’t have time to adequately address the statements and felt responses on many subjects would be inappropriate because of pending litigation.
The Scouts, who serve 41,000 youth in Oregon, face another 10 lawsuits in the state over child abuse.
The Scouts defend their efforts.
"The Boy Scouts of America has been a pioneer in building multiple layers of safeguards into its programs so that local Scout troop can be as safe a place as possible," the Scouts said in a statement to The Oregonian.
But Scout documents and sworn testimony by Scout executives show precious little of it mandated, and none of it audited.
Local Scout leaders are free to use the "youth protection program" as they see fit.
That was stunning to Portland jurors, who listened to weeks of testimony in a case pitting the national Scouts against a man molested by Dykes.
The biggest thing is that even in 2010, things were not mandatory," said Ormsbee. "Even after 60, 70, 80 years of kids being abused, it’s still not strictly mandatory."
She said the Scouts have good written material and should require its use.
"This should be mandatory training for every volunteer and not just registered volunteers," Ormsbee said. "There are far more unregistered volunteers. This should be required for any adult who’s going to be around Scouts."
On Thursday, the Scouts said in a statement to The Oregonian that as of June 1, "youth protection training will be mandatory for every adult volunteer and it must be taken every two years."
The Scouts developed youth protection material in the face of civil cases and increasing publicity about abuse within Scouting.
"When we began in 1987, we didn’t know anything about child sex abuse," said Larry Potts, a former top Scout executive in a sworn deposition.
The Scouts recruited prominent experts in child abuse to help, but they weren’t asked to design a program to protect Scouts. Instead, according to depositions, their job was to review brochures, articles and videos put together by the Scouts.
Paul Mones, a Portland attorney in the recent Scout case and has represented abuse victims for 30 years, reviewed the two videos used in the program. "None of them – not one of them – ever mentioned a Boy Scout, showed a Boy Scout or had a Boy Scout scenario," Mones said.
A Boy Scout flier for parents on how to talk to their child about abuse advised, "Tell your children that an adult whom they know and trust, perhaps someone in a position of authority (like a babysitter, an uncle, a teacher, or even a policeman) might try to do something like this."
The youth protection effort did provoke new rules in Scouting to minimize the chances a Scout would be abused.
Beginning in 1987, the Scouts required two adults attend every Scout event. In 1991, the Scouts mandated that no adult could be alone with a Scout. The national organization doesn’t audit whether those rules are obeyed.
The Scouts also say they warded off potential offenders by starting criminal background checks, beginning with employees in 1994 and expanded to new volunteers in 2003.
The Scouts said in 2008 they expanded criminal background checks to include "all volunteers" but wouldn’t explain if that included volunteers already participating and volunteers not formally registered with the Scouts.
Scout officials also wouldn’t answer whether volunteers are checked more than once.
Experts say once isn’t enough.
One of the most prominent leaders in Portland area Scouting logged 39 years of respectable service in Oregon and elsewhere before he was caught in the Department of Homeland Security’s "Operation Predator" program in 2005.
At the time of his arrest, Douglas Sovereign Smith, former executive director of the Columbia Pacific Council, had been in charge of the Boy Scouts’ national program to protect children from sexual abuse. He pleaded guilty to receiving and distributing child pornography and was sentenced to eight years in federal prison.
The case produced no evidence that Smith victimized Scouts but showed what child-protection advocates already know – the importance of vigilance.
Kristen Anderson of the National Center for Missing and Exploited Children said her organization recommends annual record checks. Congress created the center as a pilot project to give youth organizations one place to turn for centralized checks. Many of the country’s largest youth organizations signed on. The Boy Scouts didn’t.
Anderson said regular checks at the national level can turn up conduct that occurs after a volunteer has signed up. She also said molesters are sophisticated about evading detection.
"There are percentages of individuals who will use false names, who will apply to volunteer in states that are different than where their criminal history occurs," Anderson said.
In California, the Salvation Army checks the records of both employees and volunteers every two years. Anne Calvo, child safety consultant with Salvation Army’s Western operations, testified such care deters molesters.
"I like to believe that they know that we have these safeguards in place and so they stay away," she testified in a deposition two years ago. "They do chat amongst themselves and they share the organizations that are easy to have access to children without much screening."
The Scouts insist they have rigorous screening of volunteers, but as with much in Scouting, the process has been voluntary.
Some experts say the Scouts did not take advantage of a significant source of information for protecting Scouts – their own "ineligible volunteer files." They have collected such records since about 1920, documenting the name and conduct of Scout leaders banned for child abuse, including 98 in Oregon from 1971 to 2005.
The files are kept locked away. The Scouts said in a statement to The Oregonian that said disclosing the files "could have a very negative impact on efforts to protect our youth from those who should not be involved in youth activities."
Nonetheless, some experts say that unparalleled record would be valuable for evaluating the Scout protection program and for identifying patterns suggesting a molester was at work. They say the files also should have been more scrupulously mined to catch abusers returning to Scouting ranks.
One of those who saw the research promise of those secret files was David Finkelhor, a New Hampshire professor specializing in child abuse research. The founder of the Crimes Against Children Research Center, he served 20 years on the national Scout expert panel on child abuse.
"I suggested that there might be some utility in having somebody review those files as a way of trying to ascertain the effects their youth protection program was having," Finkelhor testified last year.
Other experts on the panel made the same suggestion. Finkelhor said he was frustrated that the Scouts wouldn’t crack open the files.
He’s not alone.
"What struck everyone was that the Scouts simply weren’t using their information," said Orsmbee, the Portland juror. "It was really disturbing."
She said the Scouts could use their files to profile Scout abusers. "Are they single? Are they married? How do they groom their victims? Are they younger? Older?" Orsmbee said.
Dr. Eli Newberger, a Massachusetts pediatrician and national leader in standards for youth organizations, also analyzed the Scouts’ practices and reviewed their internal records, acting on behalf of Scout victims.
"That sense was not made of these data to better serve children raises serious questions about the intentions of national BSA leadership," said Newberger.
Shortly before the recent Portland trial, the Scouts hired a University of Virginia researcher to examine the confidential files. She testified the files held little research potential.
But Newberger said the files also reveal instances when the Scouts inexplicably allowed an abuser to continue working in Scouts.
"The record is replete with violations of ethical principles and standards of care for children that led to tragic consequences for children and their families," Newberger wrote in assessing the confidential records.
Ormsbee said jurors were disturbed by episodes when the Scouts discovered but didn’t reject a suspected or proven abuser. In several instances, abusers were put on probation instead of being banned.
"We saw a lot of cases from the ’60s and ’70s where they were reported as abusers. In the 1990s, they’re still there," Ormsbee said. "We’re wondering why they were not kicked out."
When a parent heard that William E. Tobiassen, a longtime Scout leader in Corvallis, was sexually abusing one of his troop members, she alerted Scout officials.
Nothing changed.
About the story
The confidential Boy Scout files used in reporting this story were first seen outside the Scouts’ inner circle in 1991, when California attorney Michael Rothschild won access to them as part of a civil suit. Seattle attorney Timothy Kosnoff later obtained the records and scanned them to create a database, which he shared with The Oregonian.
A similar set of files, from 1965 to 1985, was entered into evidence in the recent Multnomah County civil case brought by a sex-abuse victim of former Scout leader Timur Dykes. Those files have been sealed, but The Oregonian, The Associated Press and The New York Times have filed a motion to make them public.
Reporter Peter Zuckerman conducted much of the background research for this report before leaving the paper last year. He is now writing a book. Reporters Les Zaitz and Nicole Dungca subsequently gathered additional court, corrections, police and other public records and interviewed additional sources.
Today: Secret files kept by the Boy Scouts document a flawed record of child protection.
David Burke, spokesman for the Boy Scouts of America, submitted this statement in response to a request for comment from The Oregonian:
"The Boy Scouts of America was one of the first volunteer organizations to develop and implement youth protection requirements, guidelines, and materials, and remains committed to providing all Scouting programs in the safest environment possible.
Experts from various disiplines, including law enforcement and child psychiatry, have assisted with the ongoing enhancement of youth protection, and we provide those guidelines and training to the 1.2 million adult volunteers throughout the country.
The circumstances underlying this lawsuit sadden and anger all of us. However, we are unable to offer further comment because litigation is ongoing."
In addition to pending civil lawsuits, the Boy Scouts face a hearing next month over a motion filed by The Oregonian, The Associated Press and The New York Times, among others, to unseal confidential files introduced in the recent Portland civil trial.
For two more years, Tobiassen, an insurance agent with sons of his own, abused the boy.
The abuse was exposed only when the teenager told a counselor and then police what had happened. Even then, internal memos show, the Scouts executive overseeing Tobiassen didn’t want to ban him from Scouting until there were formal charges.
The episode from 1984 wasn’t the only instance when Oregon Scout leaders failed to act on trouble in their ranks.
Secret files obtained by The Oregonian from 1971 to 1991 contain no record that Scout leaders alerted authorities to adults suspected of child abuse in at least 11 instances in Oregon.
In all, 46 people were booted from Scouting in Oregon in those years, most based on police or media reports of suspected or proven cases of child molestation.
Scout leaders insist they take appropriate measures to protect children.
A Portland jury recently concluded otherwise.
In that case, jurors considered 1,000 confidential Scout files from 1965 to 1985 to judge the Scouts’ liability. Only once before in the country has a jury seen such files, but never before in the volume or unrestricted form provided Portland jurors. The jury subsequently awarded Kerry Lewis $18.5 million to punish the Scouts for abuse he suffered at the hands of a Scout leader.
But the award also was meant to jolt the Scouts.
"We were trying to send a message," said Margaret Ormsbee, one of the jurors. "It seemed to most of us they were putting their PR and reputation above children’s safety."
The Portland case focused a white hot light on Boy Scout practices. Critics say the Scouting organization, headquartered in Texas, has never adequately responded to sex abuse within its ranks as the Catholic church finally has now done.
Nearly 25 years ago, the Scouts designed a program they said would protect youth from sex abuse, but it has been largely voluntary for the 1.2 million men and women guiding Scouts across the country. The Scouts have no record of who has taken the training. They haven’t assessed how widely used it is or whether it works.
Scouts leaders in Texas headquarters won’t discuss their program or Scout child abuse. Historically, they have talked only grudgingly when they had to – in court or through lawyers.
The Scouts appeared ready to break their silence, scheduling an interview with The Oregonian and seeking written questions they promised to answer. One day before the interview, the Scouts canceled out on both.
Instead, they provided a two-page description of their abuse-prevention program and a chronology of their efforts.
Scout executives in Oregon were little more forthcoming after getting written questions asking how they protect Oregon Scouts from sexual abuse. The largest unit, based in Portland, responded with a one-page letter, the Eugene unit declined comment, and the Medford unit didn’t answer at all.
"We make the Boy Scouts of America’s youth protection training programs for youth, parents and volunteers readily available, and we strongly support participation in such programs," wrote Matthew Devore, Scout executive at the Cascade Pacific Council. The council serves 32,471 boys.
Ormsbee said jurors were troubled the Scouts didn’t concede the seriousness of their record of child abuse stretching back nearly a century. "We all thought it was absolutely incomprehensible that the Scouts didn’t realize this was a problem," Ormsbee said.
Ormsbee said she had nightmares for weeks after reading "about awful things that happened over and over and over" in the Scout files.
Those "awful things" are documented in "ineligible volunteer files" created at Texas headquarters and kept in locked storage.
The files typically include notes from local Scout leaders, relying on internal inquiries, police or court records, and even press clippings. Scout leaders have been banned for abusing Scouts, other children from school or church, or their own children.
The master list is meant to keep offenders from returning to Scouting. Local officials never see the files but are advised by headquarters when a particular volunteer can’t be registered as a Scout leader.
But in Oregon, that hasn’t always kept abusers away.
In 1982, Ken J. Drury was convicted in Deschutes County of sexual abuse.
Drury went on to participate in Scouting activities in Lane County.
Four years later, when Eugene-area Scout officials heard rumors of Drury’s criminal past, they wrote national headquarters for direction, noting that Drury "seems to have nothing more to do than travel around attaching himself to Scouting."
According to the confidential files, national Scout officials prepared to add Drury to the list but advised local Scout leaders that they "would not refuse registration" to Drury until they had more information.
An Oregon State Police officer supplied the necessary details, noting that the 1982 victim was a 16-year-old boy Drury was returning from a Scout outing.
Drury was officially banned from Scouting in November 1986.
He died in 2001.
National leaders in 1986 urged the Portland Scout council to drop cubmaster Carleton "Tim" Coffey "in a kind way" when they learned he had been convicted the year before of sexually abusing a young girl.
When national leaders learned later that Coffey was still in Scouting, they pressed again that he be ushered out. "This individual’s record is such that this could cause serious problems for the Boy Scouts of America should any further legal matters develop," according to an April 1988 letter from a national official.
The Portland council finally banned Coffey, who died in 1999.
The Oregon files also reveal that Scout leaders didn’t always tell police when they discovered a potential molester.
Under Oregon law, Scout executives aren’t required to report their suspicions to authorities as are teachers, doctors and others. Scout leaders were advised by national headquarters of their legal right to keep such information confidential.
"In the event that your jurisdiction does not require reporting, make sure that the individual making the allegation understands that the local council has no such requirement and does not intend to report the incident to authorities," said written instructions as read during a deposition of a top Scout executive.
William Tobiassen was one the Scouts spared from reporting to police.
He had been a Scout leader for more than a decade in Corvallis. He was active in politics, helping the local district attorney in a political campaign.
In 1982, Scout executives were told he was abusing a teen in his troop. The parent of another Scout tipped off Scout leaders. She testified later that they "downplayed" her information and said they would take care of it. They didn’t.
Two years later, police did act on the information. Tobiassen was convicted of sex abuse in 1984 and banned from Scouting.
Scouts were also slow to act following a report that assistant Scoutmaster Roy S. Wilson, who slept nude when camping, had straddled a Scout in his tent during a 1985 backpacking trip and insisted on providing a back rub.
The boy’s mother subsequently complained to Scout leaders.
A confidential Scout report drafted several months after the mother’s complaint recounted the boy’s description of how Wilson’s "muscles were very tense and his eyes bulged out."
Wilson told The Oregonian last week that he was dressed when he gave the back rub and that he didn’t abuse the boy. Still, local officials declined his offer to help with a 1985 summer camp, citing his "past background."
That may have been a reference to excerpts in his Scout file from a medical report that a worried doctor shared with Scout leaders. The doctor noted that Wilson, who was also a Lutheran minister, had "begun to turn to very young teenagers, 14 and 16 years old, as his main support system" and engaged in activities "there were not healthy for anyone involved."
Wilson said he participated with three troops at once, without registering as a volunteer. An internal Scout memo said Wilson was told to leave Scouting after the camping incident. But Wilson told The Oregonian he was ejected from just one of the troops and continued to work with the other two until months later, when he was formally banned from Scouting. He was added to the national list in 1987
"It was some time before the council did anything," Wilson said. "I think they were very sloppy."
He criticized the organization for ineffective controls.
"People are put on their list proscribing working with Boy Scouts any further without any checking into realities of the situation, and people are taken off the list despite the fact of solid evidence that they are a continuing danger," Wilson said.
Sixteen years after the back rub episode, police arrested Wilson in a child sex abuse case in Tillamook. He was convicted and is now a registered sex offender.
In 1974, Scout leaders confronted James F. Hogan over reports he had been kissing and hugging boys he oversaw through a troop sponsored by the Portland Stake of the Church of Jesus Christ of Latter-day Saints. The file recounted one formerly "enthusiastic" Scout’s reaction to a meeting with Hogan. The boy "took off his uniform and threw it and his books into the closet and has not taken them out to this day," the internal report said.
The file said Hogan had repeated questionable contact with Scouts, but the file contains no record that Scouts reported him to police.
They did ban Hogan from Scouting – but only for a time. In 1981,
The Scouts relented, and restored Hogan as a Scout volunteer. Nine years later, they put him back on the list after he abused two boys he met at the church and pleaded guilty to sodomy.
Hogan told The Oregonian in an email that he didn’t have much memory of how the Scouts handled his case.
"I do take full responsibility for my actions and carry a heavy burden of pain, sorrow and regret both for those young men who have been injured and also for my wife, children and grandchildren who are re-injured each time these things are brought forth," Hogan wrote.
On Friday, church officials issued a statement about child-protection measures taken in the 30 years since the Hogan case:
"As in society at large, there is today a better recognition of just how manipulative and deceitful perpetrators of abuse can be. That fact, along with a deeper understanding of the impact such abuse can have on victims, has led the Church to establish a 24-hour helpline, to provide extensive training for local leaders on recognizing abuse, to mandate compliance with reporting laws, to provide professional counseling for victims and to adopt stern methods for dealing with perpetrators."
In Southern Oregon, a high school dean and Scout leader was banned from Scouting for associating with a known sex offender. A local volunteer asked about the Scouts’ procedures in such matters, and a national executive wrote that "no public knowledge is made of any information which we have which would destroy anyone’s reputation."
Such concern over reputation was standard for the Scouts, according to the national executive who managed registration of volunteers.
"Our philosophy has been that we are not trying in any way to hurt this person’s reputation or their standing in the community. Simply to make certain they are not registered in Scouting," testified Paul Ernst in a 1986 deposition.
He has since retired, and Scout officials in Texas wouldn’t answer whether that practice continues.
Past behavior wasn’t always detected because the Scouts didn’t start subjecting volunteers to criminal background checks until 2003. In the Oregon case files, word of criminal conduct came either from police or newspaper headlines.
In the 1980s, Oregon State Police Sgt. Ron Jones provided the Boy Scouts in Southern Oregon information he said should be sufficient to ban a Scout leader. Jones, who died in 2003, also was a top Scout executive in Medford.
In 1987, Jones alerted Scouts that Jay D. Mitchell, a Scout leader from Grants Pass, had been accused of sodomy and sex abuse involving children who weren’t Scouts.
Once Mitchell pleaded guilty to four counts of sodomy, Jones urged the Scouts to act. He said Mitchell was a "dangerous offender, which means simply that if he had not been arrested, his activities would be more and more violent."
The Scouts officially added Mitchell to the blacklist seven months after he was convicted of sexually abusing a child.
Mitchell couldn’t be located for comment.
Tim Kosnoff, a Seattle attorney who has represented abused Scouts, said his clients have never been offered treatment by the Scouts.
"It’s like a failure to administer first aid to a Scout who’s broken his leg," Kosnoff said.
The Cascade Pacific Council "offers both individual and group counseling when appropriate," said Devore, the Scout executive. He wouldn’t elaborate.
The national Scouts’ federal tax return for 2008 doesn’t list any expense for counseling or therapy. It did list $9.9 million on public relations, which, Scout officials say, includes internal communications.
The focus on public relations troubles those who believe the Scouts should be accountable for what has happened.
Dr. Eli Newberger, a Massachusetts pediatrician recognized as an expert on child abuse, is one of the few outsiders who have had access to the Scouts’ secret files. He has testified on behalf of Scouting victims, based in part on reviewing files as recent as 2005.
Newberger concluded the Scouts fell "far short" of adequately protecting children.
"Bureaucratic prerogatives may have trumped the interests of children and secrecy hid evidence of a continuing threat to the welfare of children," Newberger wrote.
FROM THE CONFIDENTIAL FILES
James F. Hogan Born
: June 1937
Scout positions:
Cubmaster of Pack 406 in Portland, involved with group from Post 812, cubmaster for Unit 3112
History:
When a Portland Cub Scout returned from an overnight stay at cubmaster James Hogan’s house, he told his parents that Hogan had fondled him over his sleeping bag, according to a 1974 letter a local Scout official sent to a Scout executive.
Hogan wrote an apologetic letter to the Boy Scouts that same year, but he was placed on the national organization’s blacklist in June 1974. He was rejected when he tried to re-register in 1978.
Then, in 1981, Hogan found a way back in. After a counselor affiliated with the Mormon Church insisted that Hogan’s physicality had been misinterpreted, the Scouts registered Hogan on a probationary basis, again as cubmaster.
In 1989, Hogan pleaded guilty to sexually abusing a juvenile relative and two boys he met through his position as a janitor of the church. Those two victims filed a civil suit against the church, which was settled.
As recently as 2008, another Portland man came forward with a lawsuit alleging Hogan sexually abused him while employed by the church. The case was settled for undisclosed terms.
Where is he now?
Portland
Franklin Leon Mathias
Born:
January 17, 1934
Scout positions
: Scout Commissioner, 1986 Scouter of the Year for Eastern Oregon District
History
: On the outside, Franklin Mathias seemed an exemplary Scout leader.
But an emotional Mathias abruptly resigned from the organization in June 1987, according to official Scout documents. Just months later, he was arrested on sexual abuse charges involving at least five young boys. News reports said some of the abuse allegedly took place on Boy Scout outings.
In 1988, he was convicted of one count of first-degree sexual abuse and three counts of second-degree sexual abuse.
Letters show Scout leaders immediately sensed the legal implications.
"So far, we are not involved and do not have any lawsuits pending against us," wrote one scout executive. "For the time being, I guess we wait and keep our fingers crossed."
Where is he now?
Jefferson
Gerald Wayne Gunter Born:
January 27, 1949
Scout positions:
Involved with Troop Number 491 in Jackson County, volunteer for Ashland’s Troop 112
History:
In the summer of 1985, the National Office received word of a Scout’s mother who had accused Gunter of sexually abusing her son.
In September, Gunter pleaded guilty to second-degree sexual abuse charges and was sentenced to five years probation.
In July 1985, Kathryn Janssen, a longtime attorney for the Scouts, wrote the National Office about a civil suit filed on behalf of the boy against Gunter and the Scouts. She noted "warning signs of several other potential suits."
Gunter’s case was settled two years later. Terms were not disclosed.
An Open Letter to Youth Organizations, Churches, and Schools.
By Kelly Clark
April 2010
After six weeks of trial against the Boy Scouts of America—resulting in, as far as I know, the largest child abuse verdict in American history on behalf of one plaintiff—I am being asked repeatedly to blog about the lessons from the trial. There are of course many, and some of the most important have to do with Kerry Lewis, my client and now friend, who stood so courageously and told his story so clearly. But the lessons from the other end of the evidence—about what happens when good youth organizations forget their first principles and react to allegations of child abuse by keeping secrets—is what I want to write about first. So here is an open letter to youth organizations; here is what I hope they learn:
Dear Youth Organization:
I write this to you because you have taken on the great task of working with children. Whether you are a school, a church, an athletic league, a dance company or a day care center, whether you are a public or private entity, whether you are a new organization or have been around for decades, you are doing good work. You are helping our young people to grow up, and you are doing your best. No doubt. So I respectfully offer some of the lessons of the long trial in Portland, Oregon against the Boy Scouts. Please learn these lessons, so that kids will be safe and so that you don’t make the same mistakes that too many other youth organizations have made.
So, while it is all fresh in our minds, let’s consider the lessons from this trial against the Boy Scouts of America—once America’s most trusted youth organization– as the evidence came in to a very attentive and unusually well-educated jury:
1. You Cannot Keep Secrets About Hidden Dangers to Children.
“Youth organizations must do everything feasible to protect children, and cannot keep secrets about hidden dangers to children.” This simple theme was the foundation for our entire case. It seemed to us—my co-counsel Paul Mones and I– to be a fair and general principle to which any youth organization would agree. We had planned to go from that principle to showing that BSA had not adhered to the common sense rules. Yet numerous times during the trial we were stunned to hear witnesses for the BSA who would refuse to acknowledge this basic idea. Not refuse to acknowledge that the BSA violated this idea– we expected that. But refuse to acknowledge the basic principle itself! The message given to the jury by such quibbling was that the BSA was playing word games and putting qualifiers on the question of safety to children.
The fact is, the BSA has known for decades that it had a serious child abuse problem. They kept interior confidential files on the problem since the 1920’s, and certainly by the 1950’s and 60’s knew that the thousands of files (the evidence was that by 1985 the BSA had at least 3000- 4000 pedophile files)—representing thousands or tens of thousands of children abused– meant that their program was being targeted by pedophiles.
Yet, the BSA still refused to admit in open court the very obvious truth that it had, and has, a child abuse problem. Several key witnesses repeatedly argued about or qualified the simple phrase “problem” in response to direct questions. It was like listening to an alcoholic or addict refuse to admit that he or she “has a problem” and needs help, when everyone around sees the chaos and insanity of substance addiction. The jury saw this fierce and calculated denial of the problem, and quite apparently did not like it.
So the message is simple: youth organizations cannot keep secrets about hidden dangers to children. Parents and the community have a right to know if there is a risk to children. You would give a clear warning about food poisoning among your kids, or about a dangerous crosswalk near your building. The fact that your warning might have to be about an embarrassing problem with child abuse within your organization does not change the obligation to warn. Not even for the esteemed Boy Scouts of America. That is one of the key lessons of this trial.
2. As your knowledge increases, so does your responsibility.
Oregon law, as is true of the law in most states—as well as common sense– says that whether a person acted “reasonably” under the circumstances depends upon what the person knew about the dangers at issue. A seaside hotel owner who knows that people regularly get caught in dangerous ocean undertows right in front of the hotel has a different obligation to warn guests than that same hotel owner might have to warn about a freak and unforeseeable storm. It is just common sense. So, as the BSA over the years and decades gathered its knowledge about the pedophile problem within Scouting, it was no longer good enough simply to keep a list of the pedophiles so they could not come back into the organization. At some point, the BSA had an obligation to take and use that information to make the organization safer. If the BSA headquarters had been filled with $100 bills instead of the names of little boys, and 4000 times over a 5 decade period thieves had broken in to steal money, the BSA would not simply have kept a list of the thieves to prevent them from getting into the building. The BSA would have changed its security systems to prevent new thieves from getting in! That simple analogy perfectly describes the BSA’s response to its child abuse problem.
So the second lesson for youth organizations from the BSA trial is painfully obvious– as your knowledge increases so does your responsibility. Is it a good thing to keep data about your safety issues? Of course. Is it smart to make sure that a known pedophile cannot get back into your organization? Obviously. But that, in and of itself, is not enough to fulfill your duty to protect children. You must look at what changes are necessary to make the organization safer.
3. You must always put the safety of children ahead of the interests of the organization.
If there is a common thread that I have seen in advocating for child abuse victims against a variety of institutions of trust—churches, schools, foster care agencies, and now the BSA—it is this: there seems to be an idea that the work of the organization is so important, its goals so noble, that there might be times when it is necessary to “keep a lid on this problem.” This, of course, is the misguided historical response that produced the ongoing scandals in the Catholic Church. But it goes way beyond that particular institution of trust. So many youth organizations have great goals and purposes. They do good work. They help children and help the community. And so, when trouble comes along, their first instinct is to protect the work. And if this means keeping a potentially embarrassing problem quiet—even at the risk of keeping secrets about child abuse—they reactively take that route. While that may be an understandable reaction, it is always disastrous, sooner or later. The old idea that “the ends justify the means” can never apply to a sluggish response to child abuse, and too many good organizations fall prey to the temptation to protect the organization. The safety of children, and whatever it takes to accomplish that—including blaring trumpet warnings if that is necessary—must always take precedence over the reputation of the organization. That is lesson 3 from the BSA trial.
4. When it goes bad, accept responsibility and apologize.
It is a timeless truth that runs through all societies at all times and places, but especially through the religions and ethical systems of Western culture: apologies heal. This truth is central to our legal system as well, even to the point that it is an expectation in the criminal justice system that someone who is found to have broken the community’s rules will apologize—in part, at least because we understand that it will be helpful for the victim. But it is not limited to the criminal justice courts: we expect apologies from those who have harmed others, and those who have knowingly failed to protect those in their care—especially institutions of trust such as churches, schools and youth organizations like the Boy Scouts.
And all this is especially true for victims of child sexual abuse, who so often believe that, somehow the abuse was their fault, that they should have done something to stop it, or they should have immediately told someone—all beliefs which the mental health professionals tell us are almost universal in child abuse victims. So when they receive an acknowledgement of responsibility and a sincere apology from those responsible for their abuse— the perpetrator of the abuse, an institution that could have prevented the abuse, or both—it is incredibly healing and empowering. Suddenly, in one moment, the survivor realizes that his or her core beliefs about this life-altering event—“it was my fault; I am fundamentally flawed because of what I did and did not do about this”—are all wrong, and that the person or institution who is factually and morally responsible for the abuse is owning up to what happened. The weight and burden of this wrong, which has been on the shoulders of the victim for so many years or even decades, is lifted off of the victim and placed where it belongs.
This is such basic common sense and human experience that it is hard to understand why institutions of trust—such as the Boy Scouts, the Catholic Church, and others— are so reluctant to make this simple and profound gesture. Of course, it involves the acceptance of responsibility, and too often that acceptance is slow to come for an organization that prides itself on the nobility of its purpose. It is, after all, hard for someone who thinks he is a hero, or divinely inspired, to admit that he failed utterly in one of his prime responsibilities and is now being called to account for it. We have seen this for at least a decade in watching the Catholic Church come to grips with the magnitude of its child abuse problem—to accept that it even had a particular problem, to acknowledge that the Church badly failed in its historic response to that problem, and to make unequivocal apologies to those who were damaged by those failures.
This same dynamic of denial seems to be true for the BSA—which, apart from the specific facts of this case in Portland, continues to deny publicly that it has historically had a serious child abuse problem—different both in type and frequency from that in society at large. Not once during the decades that we have litigated against the BSA, in dozens of cases, whether settled or tried to a jury, has the BSA offered even a simple apology to any of our clients. And we know of no circumstance in which the BSA ever has issued an apology to the thousands of boys who were abused by Scout leaders.
I want to say in conclusion, again, that the Boy Scouts of America is a great organization. Our boys need good, strong role models to learn the art and habits of living an honorable life as they move into manhood. Lord knows our society needs more young men of integrity, purpose and faith. BSA is in a position as it enters its second century to play a unique role in shaping young men. It is an awesome responsibility. We can only hope that the leadership of this organization steps back, moves past the shock and shame of a jury’s stern rebuke, and takes stock of what is truly all about. If it does, then it can move to reclaim society’s trust and admiration. If it does not, if it continues to shoot the messengers—lawyers, plaintiffs, juries, the news media– then it will lose its credibility, it will become a shell of what it once was and again could be, and it will eventually slide into irrelevance.
Portland, Ore—A jury today found the Boy Scouts of America liable for punitive damages for the sexual abuse of a then 12 year old boy in the 1980’s, returning a verdict of$18.5million in punitive damages—having last week returned a verdict of $ 1.4 in general compensatory damages. The trial lasted nearly 6 weeks.Under Oregon law, 60% of a punitive damages award goes to the State of Oregon crime victims’ fund—since the public policy purpose of punitive damages is to improve community safety.
“This is a tremendous win and a vindication of the truth about what happened to this boy,” said trial attorneys Kelly Clark and Paul Mones, co-counsel for the plaintiff, in a prepared statement.“The lessons of this case are that it is wrong for a youth organization to put the interests of the organization before the safety of the children,” they added.“Child abuse is always a devastating poison in the soul of any child, and this jury clearly recognized the profound impact that this abuse had on this young boy, and wanted to send a signal that a jury in Portland, Oregon will not tolerate any youth organization—even the venerated Boy Scouts of America—that keeps secrets about dangers to children.We are very proud of him for standing up for himself and for all abuse victims. If one child is saved from abuse because of this trial, it will be a win with lasting significance.”
The plaintiff, Kerry Lewis, now 38, had been known before the trial only as “Jack Doe 4”—there are a total of 6 men who are suing for abuse by the same perpetrator—but during the trial, he allowed his name to be used publicly.He was abused on 6 separate occasions when he was a Cub Scout and Boy Scout, at age 10-12. “I’m grateful for the chance to tell my story,” he said, “and it was bottled up inside me for too long.Now I get to go on and finish my healing. This trial was a great way to start the process of putting all this behind me, so I can focus on being a good man, a good friend, and a good father.”
Highlights of the trial included the presentation, for the first time before any jury, of over 1000 confidential files—totaling nearly 20,000 pages of documents—concerning adult Scout leaders from 1965-85 who had been accused of abusing Scouts.The trial court had ordered the documents produced in December, but the Scouts appealed to the Oregon Supreme Court, which on Feb 19 refused to hear the appeal or to block the order. The BSA finally produced the documents on March 2, and the trial commenced on March 15.
“When it came to child sexual abuse, the BSA motto was not ‘be prepared’ but rather was ‘be quiet,’” Clark and Mones commented.The plaintiff argued that the confidentiality of these sexual abuse files, and the refusal of the Scouts to warn parents of the known dangers of abuse in Scouting, amounted to a cover-up, driven by the BSA’s desire to keep up its membership.In that regard, the plaintiff produced a surprise witness during the last week of the main trial, Larry O’Connor, a lifelong Scouter from Alaska and a former professional Scout executive,who testified that, throughout the 1970’s the BSA deliberately inflated membership numbers all over the country through a mechanism called “ghost units”—Scout Troops that only existed on paper. The inflated numbers, Clark and Mones argued, was evidence of the motive for covering up the abuse problem—the desire not to lose members and financial support.In closing argument, Clark compared this to the cover-up in the Catholic Church of sex abuse by pedophile priests.
The plaintiff’s case also included evidence about what other youth organizations were doing in the 1980’s to protect children, especially the Big Brothers and Sisters, which had aggressive child abuse training and education programs in place by the 1980’s, while the Boy Scouts of America had not begun similar programs.The plaintiff had been abused in 83 and 84 by an Assistant Scoutmaster named Timur Dykes, despite that Dykes had admitted to Troop leaders in January 1983 that he had molested 17 Scouts.The plaintiff’s parents were never warned about his dangerousness, and that failure, according to plaintiff’s attorneys, led to further abuse, including of plaintiff.
The punitive damages phase of the trial highlighted the BSA’s surprisingly rich financial statements—with nearly $1 billion in assets, including $660 million in unrestricted funds, annual revenues of $400 million, and a $45 million art collection.The plaintiff’s lawyers during the punitive damages phase of the trial highlighted lavish spending within the top brass of BSA, including the salary of the Chief Scout Executive, who earns a total compensation of $1.2 million annually.
The next of the five remaining trials against the BSA and its Cascade Pacific Council in Portland is not yet scheduled, but Clark said that he expects it will happen in the Fall of this year.
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To arrange for interviews with attorneys Kelly Clark and/or Paul Mones, please contact
Rebecca Tweed, Media Relations Director at:
(503) 860-6033 or Rebecca@tweedandassociates.com
Is it hard for survivors of child sex abuse to speak out?
Is the pope Catholic?
Victims worldwide continue to pour forward with stories of abuse as children at the hands of clergy. Many of the allegations have been substantiated by priests who’ve confessed. Even the pope himself was drawn into the scandal last week with questions about his past role in protecting an abusive priest from earthly consequences.
The surprising part here isn’t the sheer number of victims, from the deaf children in Wisconsin to the altar boys in Ireland. The real shocker is remembering that most child sex abuse victims aren’t connected to churches, don’t file lawsuits and never speak publicly at all.
At least one in five girls and one in 10 boys experiences unwanted sexual touching or other sex abuse, based on federal data and research cited by the National Center for Post Traumatic Stress Disorder. Most of the bad actors in these cases are not priests or pastors. They are stepfathers, family friends, fathers and neighbors.
The majority are never held accountable.
"I think of that as the hidden iceberg," says legal scholar Marci Hamilton, a national authority on child abuse at the Benjamin N. Cardozo School of Law and the author of "Justice Denied: What America Must Do to Protect Its Children."
She added, "There is a tremendous amount of suffering."
Traditionally, about 90 percent of victims don’t speak out, and the reasons are as messy and common as the crimes themselves. It can take decades for victims to shake off enough of the shame to stop feeling responsible.
"Denial and survival play a huge part in the reason why victims of abuse ‘wait’ to come forward," or never say a word, says Kristi Kernal of Beaverton, a co-founder and board member of OAASIS, Oregon Abuse Advocates and Survivors in Service.
Also, until recently, most state laws enforced a tight window of time during which victims could successfully seek justice. The statute of limitations would close while victims were still in their teens or early 20s, typically unprepared and ill-equipped to take on the authority figure who abused them.
Finally, there are stark personal costs to coming forward. If the abuser was a family member, victims risk an ex-communication of sorts by their own family. If the abuser was a trusted coach or pastor or teacher, victims risk other forms of social exile.
Staying quiet is a rational decision. So is eventually speaking up years later, whether in a counselor’s office or a lawyer’s conference room.
The alternative is to keep paying the price with compromised health and troubled relationships.
"Depression, anxiety, fear, post traumatic stress, trust issues, body image issues, relationship problems, suicide attempts — the list goes on," Kernal says.
The Catholic Church eventually will work through its backlog of sex abuse cases. Some evidence suggests that American churches are inching toward resolution, even while Europe confronts its own crisis: In 2009, the number of new allegations, victims and known offenders in the United States dropped to the lowest point since 2004, according to the U.S. Conference of Catholic Bishops.
The process of legal and spiritual atonement is terribly wrenching, both for the Catholic Church and the people within it. But a clear upside exists.
The scandal is transforming American culture, forcing people to adopt prevention strategies and talk to children about warning signs. The fog of shame around sex abuse is beginning to lift.
This change may help the church recover and renew itself.
More important, it will help victims — including the silent ones everywhere — slowly heal.
January 15, 2010
By John R. Ellement and Jonathan Saltzman, Globe staff
Defrocked Roman Catholic priest Paul Shanley today lost his appeal before the state’s high court, ensuring that a key figure in the priest abuse scandal that rocked the Boston Archdiocese will remain behind bars.
(Yoon S. Byun/Globe Staff/file)
The Supreme Judicial Court upheld Shanley’s convictions for two counts of rape and two counts of indecent assault and battery obtained by Middlesex prosecutors in 2005. The victim first made his accusations against Shanley in 2002, some 20 years after the abuse took place at St. Jean’s Church in Newton when the boy was between the ages of 6 and 11.
The SJC rejected defense attorney Robert F. Shaw Jr.’s contention that Shanley’s trial was flawed because the "junk science” of "repressed memory" was used by prosecutors to explain that long gap.
"Overwhelming evidence proves that the theory of ‘repressed memory’ is not generally accepted by the relevant scientific community on multiple grounds and that the commonwealth’s experts provided misleading junk science testimony that should not have been admitted in a judicial proceeding,” Shaw wrote in the brief filed last year with the SJC.
Prosecutors had argued that the victim should be believed because the emotional trauma he suffered created a "disassociative amnesia,” which is recognized by the mental health profession as a legitimate psychiatric disorder.
Shanley was known in the 1960s and 1970s as a "street priest" who reached out to troubled youth, roamed Boston’s streets in blue jeans, and was an outspoken backer of gay rights. He was sentenced to 12 to 15 years in prison.
According to the state Department of Correction website, Shanley today is being held at the Old Colony Correctional Center in Bridgewater, a medium security prison.
Writing for the unanimous court, Justice Robert J. Cordy concluded prosecutors had amassed strong backing for the concept of "disassociative amnesia” from mental health experts and that Superior Court Judge Stephen Neel made the right decision when he let the jury learn about it.
"In sum, the judge’s finding that the lack of scientific testing did not make unreliable the theory that an individual may experience disassociative amnesia was supported in the record, not only by expert testimony but by a wide collection of clinical observations and a survey of academic literature,” Cordy wrote.
The SJC also rejected Shanley’s claim that his trial lawyer, Frank Mondano, was ineffective and Shanley should now get a new trial to overcome his flaws.
"Essentially, the defendant alleges that had counsel done better work…the outcome would have been different,” Cordy wrote. "In support of his motion for a new trial, the defendant submitted three affidavits from experts, and more than fifty scholarly articles, surveys, and studies, some of which were peer reviewed, questioning the existence of repressed memory.
But the court concluded that Mondano "pursued a dynamic, multi-faceted trial strategy that did not rely solely on challenging the admission of the expert testimony, but also on exploring the factual deficiencies in the victim’s version of events and by impeaching his credibility and his motivations.”
