On the surface, the Boy Scouts of America seemed like an outstanding youth program that focused on teaching young boys and adolescents diverse skills and developing their work ethic to achieve their goals and dreams. Unfortunately, this organization now faces allegations that instead of protecting children and helping them reach their full potential, some scout leaders were systematically abusing children, causing them unspeakable pain and trauma.
However, the problem for many young boys and their parents is that these allegations are nothing new. News reports suggest that claims of abuse date back to 1905. The number of cases climbed between the 1960s and 1990s, with more than 2,839 reports of alleged abuse in 1970 alone.
Sex abuse allegations against the organization go back decades, and yet, most people have only recently become aware of the true scope of the problem. Why? In part because new laws have been passed that aim to give silent sex abuse victims their right to speak up and have their day in court.
The Child Victims Act
In 2020, New York Governor Andrew Cuomo signed legislation dubbed the Child Victims Act. This monumental piece of legislation opened up the path to justice for child sex abuse survivors to pursue legal action against the perpetrators of sexual misconduct and hold them accountable for their actions. The act increased the time that victims have to pursue a lawsuit against the alleged perpetrators of child sex crimes in New York. It also allows victims of sex crimes to seek civil remedies for their abuse at any time, as long as they pursue legal action before they reach age 55.
The act was passed in 2019 and then was extended, partially because of the toll the COVID-19 epidemic was taking on the state of New York. Courts were closed, and the public health emergency meant that while the statute of limitations clock was ticking, abuse victims could not pursue legal action or move their cases forward in any meaningful way. The Child Victims Abuse Act gave those survivors the extra time they needed to pursue legal action without worrying that the COVID-19 pandemic would slow their progress down in their path towards justice.
How the Act Spurred Renewed Interest in Justice
In the years and months leading up to the signing of the new legislation, the Boy Scouts of America had been embroiled in sex abuse allegations and costly lawsuits over their handling of sex abuse claims. By 2018 the organization's insurance companies started refusing to pay out damages associated with the claims. The financial strain was too much, and by February 2020, Boy Scouts of America (BSA) filed for Chapter 11 bankruptcy in Delaware. Under the Chapter 11 filing, the organization would be forced to reorganize and set up a victim’s compensation fund. Victims were offered one last opportunity to file an abuse claim against the organization. These final filings were given a November 16, 2020, deadline. News reports indicate that before the November 16 deadline, at least 92,700 people had filed sex abuse claims against the organization.
As part of their Chapter 11 bankruptcy proceedings, BSA would establish a victim’s compensation fund that the organization claimed would provide “equitable compensation to all victims,” but to some sexual abuse survivors, this fund seems to be a maneuver that allows the organization to skirt the justice process by not allowing victims their day in court.
BSA can put all its previous lawsuits on hold by filing for bankruptcy as the process plays out. While the bankruptcy proceedings impact tens of thousands of potential victims, the new extended statute of limitation laws enacted by states like New York and California keep a window of opportunity open to abuse survivors.
The Child Victims Act allows survivors of sexual abuse to pursue legal actions against local Boy Scout councils and chapters, even though the organization is filing for bankruptcy. This gives victims a chance to pursue some measure of justice for the atrocities they may have endured at the hands of BSA’s leaders and mentors. For victims in New York, the BSA bankruptcy filing doesn’t have to mean giving up on their chance at holding the Boy Scouts organization accountable for its staff members and leadership's actions, or lack thereof.
The Result
The COVID-19 shutdown may have been the catalyst, but the cases coming to light in the aftermath of the Child Victims Act demonstrate that this piece of legislation may have been overdue. Sexual abuse is traumatic and devastating, and there is no timetable for healing. Coming forward with sexual abuse allegations is difficult and painful, often bringing up horrific childhood memories that a victim may have spent years trying to bury. It wasn’t that long ago that people took to heart the adage “A child should be seen and not heard.” Children deserve to be heard, and abused children deserve justice, even if they are currently adults.
It takes courage to confront the past. The law now allows abuse victims to share their stories. It also allows victims to use the legal system to gain some sense of justice and hold the perpetrator accountable for their actions.
Victims of Abuse Still Have Time to File a Claim
The Child Victims Act timetable has been extended again. Victims have until August 14, 2021, to file a legal claim. If you suffered sexual abuse as a child or your child has been the victim, you can still file a lawsuit. It may be difficult to come forward with abuse allegations, but people are ready and willing to listen to your story and help you fight back.
At Hach & Rose, LLP, compassionate attorneys stand by, ready to listen to you. Our attorneys can be a supportive shoulder to lean on and can use their legal experience to pursue justice for you and your family. You don’t have to remain silent, quietly suffering the burden of your situation. You can come forward to pursue the justice and compensation you deserve.
If you feel ready to talk, we stand ready to listen. Contact an experienced sexual abuse attorney with Hach & Rose, LLP today at 212-779-0057 for more information about how we may be able to help you pursue legal action under New York’s Child Victims Act.