Can I Sue The Boy Scouts Of America?
You can sue the Boy Scouts of America (BSA) if you were sexually assaulted by a BSA employee or volunteer.
California civil jury instruction 426 states that organizations can be held liable for damages caused by the sexual abuse committed by their employee if the organization negligently hired, supervised or retained the employee.
A person is negligent in California if they do something a reasonably careful person would not do in an identical situation or if they fail to do something a reasonably careful person would do in an identical situation.
Plaintiffs in California can recover damages from employers of employees who sexually assault the plaintiff if they can prove:
- The employer hired the employee
- The employee was or became unfit or incompetent to perform the work they were hired for
- The employer knew or should have known the employee was or became unfit or incompetent and that this created a risk to others
- The employee’s unfitness or incompetence harmed the plaintiff
- The employer’s negligence in hiring, supervising or retaining the employee was a substantial factor in causing the plaintiff’s harm.
Boy Scout Perversion Files
BSA files contain evidence that alleged child molesters continued to serve BSA, after BSA became aware of sexual assault allegations against them, due to pressure from local BSA officials. This evidence demonstrates that all five of the above criteria seem to apply to the cases discussed in this evidence.
For example, the files include a letter in which a BSA executive wrote, “This subject and Scouts were not prosecuted to save the name of Scouting.” This letter was referring to a scoutmaster who confessed to molesting three children. Files were never filed against this scoutmaster.
Another letter in the files, written by a BSA executive, reads, “I would like to let this case drop… one father has threatened legal action which could only injure the Boy Scouts of America. My personal opinion in this particular case is, ‘If it don’t stink, don’t stir it.’”
Boy Scouts Of America Bankruptcy
BSA filed for bankruptcy in February 2020. BSA said it would use the bankruptcy process to create a victim compensation trust. A deadline for filing claims against BSA may be set in the future by a bankruptcy judge, so it is important to file a claim now if you think you may have one.
Making A BSA Sexual Abuse Claim In California
California law was recently changed to allow survivors of sexual assault until age 40 or within five years of the date they discover or reasonably should have discovered they suffered damages, whichever comes later.