Boy Scouts of America Considers Bankruptcy Filing Amid Sex-Abuse Lawsuits (#GotBitcoin?)
Nonprofit has hired law firm Sidley Austin for assistance in a possible chapter 11 bankruptcy filing. Boy Scouts of America Considers Bankruptcy Filing Amid Sex-Abuse Lawsuits
The Boy Scouts of America is considering filing for bankruptcy protection as it faces dwindling membership and escalating legal costs related to lawsuits over how it handled allegations of sex abuse.
Leaders of the Boy Scouts, one of the country’s largest youth organizations, have hired law firm Sidley Austin LLP for assistance with a possible chapter 11 bankruptcy filing, according to people familiar with the matter.
Founded in 1910, the Boy Scouts group says that more than 110 million people have participated in its educational programs, which promote outdoors skills, character-building and leadership.
The Boy Scouts have been at the center of sexual-abuse scandals in the past, and the organization is facing a number of lawsuits that allege inappropriate conduct by employees or volunteers in incidents dating back as far as the 1960s. Filing for bankruptcy would stop the litigation and would give the nonprofit a chance to negotiate with those who have sued.
Other organizations facing similar legal pressure have also turned to bankruptcy protection in recent years. More than 20 Catholic dioceses and religious orders have filed for chapter 11 protection to negotiate payouts to thousands of victims. And last week USA Gymnastics, the governing body for the sport, filed for bankruptcy as it faces lawsuits from decadeslong sexual abuse by the national team’s former doctor Larry Nassar.
The Boy Scouts released a letter to its employees Wednesday that said it plans to “explore all options available to ensure that the local and national programming of the Boy Scouts of America continues uninterrupted.”
Participation in the organization’s programs has fallen in recent years, though the group opened some of its programs to girls and transgender boys. The Boy Scouts currently have more than 2.3 million youth members.
The Church of Jesus Christ of Latter-day Saints, formerly one of the group’s largest sponsors, has said it will withdraw from Boy Scout programs. The church said it would develop its own program for young men.
The Boy Scouts group has drawn scrutiny over its slow pace to become more inclusive, including by lifting a ban in 2015 on gay men and lesbians serving in leadership roles.
The group has also dealt with fallout from its decision last year to expand its recruitment of girls, putting it in competition with the Girl Scouts of the USA, a separate group that offers similar programming and has also seen membership fall.
In November, the Girl Scouts filed a trademark lawsuit against the organization, saying its push for girls to join caused confusion and led to instances in which parents mistakenly signed their children up for Boy Scouts programs.
A Boy Scouts spokeswoman said the group is reviewing the lawsuit and that the expansion came “after years of requests from families who wanted” to participate in its programs.
In recent years, the Boy Scouts group’s legal bills for work done by some outside law firms have grown. In 2017, the organization paid $7.6 million to labor and employment law firm Ogletree Deakins, according to public filings. It paid Ogletree $3.5 million in 2016 and $859,347 in 2015, the filings show.
In the group’s latest annual report, Boy Scout officials said its future financial situation will partly depend on the outcome of sex-abuse-related litigation and future damages awarded. One lawsuit unfolding in Idaho over alleged abuse by several former leaders is set for a jury trial in May.
The organization has said that it has never knowingly allowed a sexual predator to work with youth members and has put rules in place to strengthen protections.
In the annual report, officials said they were “aware of threatened and expanding litigation of a similar nature.” They added that the group’s financial health will also depend on how much of the litigation costs will be covered by insurance.
The organization has sued its insurers at least twice since 2013, accusing them of failing to cover costs related to previous sex-abuse lawsuits. In its annual report, organization leaders said the latest lawsuits could force the group “to pay damages out of its own funds to the extent the claims are not covered by insurance or if the insurance carriers are unable or unwilling to honor the claims.”
Boy Scouts Files Show Why Child Molesters Weren’t Stopped
Riley Gilroy says it took three decades for him to learn the Scouts kept detailed records on the man who later abused him. Now he and four others are suing.
In June 1979, Rex Black, an Idaho supervisor for the Boy Scouts of America, sent a letter to his supervisor. A child had accused Scout leader James Schmidt of multiple instances of sexual abuse, and Black reported he had confronted Schmidt about the allegations. Schmidt claimed innocence and was allowed to continue working with children.
In 1983, Schmidt was convicted of lewd conduct with a minor.
Schmidt was one of a group of Boy Scouts leaders in Idaho troops sponsored by the Mormon church who were accused of sexually abusing children in the 1970s and ’80s. Recently unsealed files from the Boy Scouts of America reveal that the organization was aware of allegations against these leaders for years, but allowed them to continue working with children. In one documented instance, an abuser was promoted but the Scout leader who reported him was dismissed.
The files form the basis for a new federal lawsuit brought by five former Boy Scouts who accuse the organization and the Church of Latter-day Saints of fraud for promoting scouting as a wholesome, safe activity while covering up pedophiles in their ranks.
Riley Gilroy is one of two named plaintiffs.
“They knew about him prior to me, so why didn’t they say anything?” Gilroy told The Daily Beast. “Why wasn’t he stopped? Why was he allowed to go back into scouting? They had complaints and documentation, and a moral obligation to take these complaints to the authorities and they chose not to.”
The BSA has faced publicized sex abuse scandals since the late 1980s, paying out $18.5 million to a single victim in a 2010 case. Since the ’80s, the organization has implemented new checks intended to prevent child abuse. In a statement to The Daily Beast, BSA leadership condemned the sexual abuse allegedly committed by Schmidt and other former scout leaders.
“In the many years since these actions occurred, we have continued to strengthen our efforts to protect youth,” BSA said. These efforts include “screening process for adult leaders and staff, criminal background checks, requiring two or more adult leaders be present with youth at all times during Scouting activities, and the prompt mandatory reporting of any allegation or suspicion of abuse.”
The LDS church said it was still reviewing the filing.
“We have only recently learned about this legal action, and will take time to understand it fully and to respond as appropriate,” LDS spokesperson Eric Hawkins told The Daily Beast.
The Mormon church has partnered with the Scouts since 1928 and by the 1970s heavily encouraged children and adults to join the group as part of their development, the lawsuit said.
“This is not an optional program,” LDS president Spencer Kimball said in 1978, according to the lawsuit. “Scouting is no longer on trial. It is an economically, socially, and spiritually sound program.’”
But it would be the promise of trustworthy male leadership that led Gilroy to join the Boy Scouts.
“It was my mother, my sister, and myself in a single-parent family. My mother wanted me to have a good, strong male role model in my life,” Gilroy said. He joined the Scouts with his best friend as a young child. “Our mothers were best friends and thought scouts could be a positive influence on us.”
Instead of being assigned to a trusted role model, Gilroy was placed in Schmidt’s troop. Over the course of two years, Gilroy claims Schmidt sexually and emotionally abused him and other boys.
Only by speaking with the other boys did Gilroy summon the courage to report the abuse, he said. Gilroy said he was 8 or 9 when he told his mother, who called the police. As a result of Gilroy’s efforts, he told The Daily Beast, Schmidt was arrested in 1983 and convicted of molesting him.
Three decades later, Gilroy learned that his ordeal could have been avoided entirely. In 2012, a court order made public thousands of Boy Scout files on leaders accused of sexual abuse. One of the files was about Schmidt.
“That’s why I’m coming forward now,” Gilroy said. “They had documentation about him, prior to him assaulting me, and they covered it up. The fact that they knew about that prior, and covered up.”
The Boy Scouts leadership kept “ineligible volunteer” files to “track a variety of transgressions” that adults committed against scouts. The files were subdivided into several categories including “perversion”—the category that encompasses child sexual abuse. Gilroy’s lawsuit claims that by 1972, BSA had thousands of perversion files, many of which were subsequently destroyed. According to Schmidt’s file, his reputation as a sexual abuser was known even by other scouts, who urged leadership to remove him from his position.
During a 1977 camping trip, according to the files, a scout claimed Schmidt tried to molest him and other boys. The boy claimed Schmidt had “stuck his hands” down two boys’ pants, the file said. “I knocked his hand away and rolled over,” the boy wrote.
That night, the boys slept in Schmidt’s tent, where he told them the Camp Tapawingo site was surrounded by wild animals. “I was scared because of this and because he said there was something out there,” the boy wrote. “He said it was a wolverine but I knew there were no wolverines around that area.”
Schmidt’s file also includes correspondence between BSA officials, letters from attorneys representing Schmidt’s accusers, and news clippings about the abuse allegations. The file reveals how Boy Scouts leadership initially responded to the allegations.
Black, the Idaho supervisor who first forwarded the complaint to the Boy Scouts’ national offices, wrote a letter in which he described confronting Schmidt.
“If he was guilty, he would probably back out” of the Scouts, Black wrote of his reasoning before discussing the allegations with Schmidt.
Instead, Black reported that Schmidt blamed his accuser.
“Jim said he was aware of the camp accusations but that they are two years old and that he had taken them to his lawyer and that he thought it had been cleared up,” Black wrote. “He claimed that the boys harassed him at the zoo and at other places.”
Black wrote he also reached out to the troop’s sponsor, who “felt that the accusations [against Schmidt] were unjust but agreed to be alert to the situation.”
Schmidt reportedly agreed to stay out of Camp Tapawingo, but said he wanted to continue working with his own troop. His request was granted. “As far as I know, everything is under control,” Black wrote.
Three years later, Schmidt allegedly began molesting Gilroy and other boys in his troop.
Gilroy’s story mirrors those of the four other plaintiffs, whose troop leaders were also accused of abuse and subsequently convicted of child molestation. The three other accused scoutmasters—Lawrence Libey, Doug Bowen, and Larren Arnold—were allowed to work with children for years before finally being removed from the Scouts program, according to the lawsuit.
Libey was even promoted after another scoutmaster reported him to the Elks Lodge board sponsoring their troop, the lawsuit alleged.
“The board chose Libey to lead the troop instead of the Scoutmaster who had reported his concerns,” the suit reads. “Shortly thereafter, Libey became the sole Scoutmaster of Troop 156.”
Gilion Dumas, one of the attorneys representing Gilroy and the other plaintiffs, said abusers had multiple ways of remaining in the program, even after they were accused of molestation. Leadership would regularly put scout leaders on probation instead of adding them to its growing pile of “ineligible volunteers,” Dumas told The Daily Beast.
“There was no set criteria for when they’d put somebody on probation,” she said. “They could put somebody on probation because he promised not to molest a kid again, or if he went into counseling, or if he was only caught showing kids pornography.”
After two years of good behavior, Dumas said, volunteers accused of abuse were reinstated and their probation files were destroyed.
“The only reason we even know that probation policy existed would be if someone was on probation and they got caught actually molesting kids, then there’d be a note in the permanent file that said they had been on probation,” Dumas said. An unknown number of permanent files were “systematically” destroyed in the ’70s in what Dumas described as a “purge.”
Dumas said Boy Scouts leadership has been keeping files on scoutmaster misconduct since the 1910s, but the oldest files only date back to 1946. BSA did not respond to a request for comment on this allegation.
“They used to have a policy of systematically destroying the files if they learned a perpetrator had died or if they determined, from the date, that the man had turned 70,” Dumas claims. “They just destroyed the file with the thought that, ‘Oh, he’s too old to abuse someone.’”
Gilroy said he hoped coming forward under his own name would encourage other victims to speak out.
“That’s why I’m using my name, that’s why I’m using my picture, is to embolden other victims to have the courage to step forward and say they were hurt, and not hide behind the shame,” he said. “Because there’s been a lot of shame about what happened, and now’s my chance to fix that. I know I have nothing to be ashamed of, but that doesn’t mean I don’t feel ashamed because of it.
“Now’s my chance to step up, step forward, and try to be a voice for a lot of people who are too afraid.”
Would A Permanent Ban From Ever Working With Children Be Too Harsh For Child Sex Abusers?
The Boy Scouts of America along with other organizations are facing legal pressure have all turned to bankruptcy protection in recent years. More than 20 Catholic dioceses and religious orders have filed for chapter 11 protection to negotiate payouts to thousands of victims. And last week USA Gymnastics, the governing body for the sport, filed for bankruptcy as it faces lawsuits from decades-long sexual abuse by the national team’s former doctor Larry Nassar.
When a perpetrator intentionally harms a minor physically, psychologically, sexually, or by acts of neglect, the crime is known as child abuse. This page focuses specifically on child sexual abuse and the warning signs that this crime may be occurring.
What Is Child Sexual Abuse?
Child sexual abuse is a form of child abuse that includes sexual activity with a minor. A child cannot consent to any form of sexual activity, period. When a perpetrator engages with a child this way, they are committing a crime that can have lasting effects on the victim for years. Child sexual abuse does not need to include physical contact between a perpetrator and a child. Some forms of child sexual abuse include:
• Exhibitionism, Or Exposing Oneself To A Minor
• Masturbation In The Presence Of A Minor Or Forcing The Minor To Masturbate
• Obscene Phone Calls, Text Messages, Or Digital Interaction
• Producing, Owning, Or Sharing Pornographic Images Or Movies Of Children
• Sex Of Any Kind With A Minor, Including Vaginal, Oral, Or Anal
• Sex Trafficking
• Any Other Sexual Conduct That Is Harmful To A Child’s Mental, Emotional, Or Physical Welfare
What Do Perpetrators Of Child Sexual Abuse Look Like?
The majority of perpetrators are someone the child or family knows. As many as 93 percent of victims under the age of 18 know the abuser. A perpetrator does not have to be an adult to harm a child. They can have any relationship to the child including an older sibling or playmate, family member, a teacher, a coach or instructor, a caretaker, or the parent of another child. According to 1 in 6, “[Child] sexual abuse is the result of abusive behavior that takes advantage of a child’s vulnerability and is in no way related to the sexual orientation of the abusive person.”
Abusers can manipulate victims to stay quiet about the sexual abuse using a number of different tactics. Often an abuser will use their position of power over the victim to coerce or intimidate the child. They might tell the child that the activity is normal or that they enjoyed it. An abuser may make threats if the child refuses to participate or plans to tell another adult. Child sexual abuse is not only a physical violation; it is a violation of trust and/or authority.
How Can I Protect My Child From Sexual Abuse?
A Big Part Of Protecting Your Child Is About Creating A Dialogue. Read More To Learn About Creating This Dialogue And Keeping Your Child Safe:
What Are The Warning Signs?
Child sexual abuse isn’t always easy to spot. The perpetrator could be someone you’ve known a long time or trust, which may make it even harder to notice. Consider the following warning signs:
• Bleeding, Bruises, Or Swelling In Genital Area
• Bloody, Torn, Or Stained Underclothes
• Difficulty Walking Or Sitting
• Frequent Urinary Or Yeast Infections
• Pain, Itching, Or Burning In Genital Area
• Changes In Hygiene, Such As Refusing To Bathe Or Bathing Excessively
• Develops Phobias
• Exhibits Signs Of Depression Or Post-Traumatic Stress Disorder
• Expresses Suicidal Thoughts, Especially In Adolescents
• Has Trouble In School, Such As Absences Or Drops In Grades
• Inappropriate Sexual Knowledge Or Behaviors
• Nightmares Or Bed-Wetting
• Overly Protective And Concerned For Siblings, Or Assumes A Caretaker Role
• Returns To Regressive Behaviors, Such As Thumb Sucking
• Runs Away From Home Or School
• Shrinks Away Or Seems Threatened By Physical Contact
Where Can I Get Help?
• If you want to talk to someone anonymously, call the National Child Abuse Hotline at 800.4.A.CHILD (422-4453), any time 24/7.
• Learn more about being an adult survivor of childhood sexual abuse
• To speak with someone who is trained to help, call the National Sexual Assault Hotline at 800.656.HOPE (4673) or chat online at online.rainn.org
Related Article:Go back