Boy Scouts of America – Child Sex Abuse Cases
Overview
Have you or someone you care about experienced child sexual abuse or child sexual assault? Has a child been sexually abused? Has a person in a position of power betrayed their trust? To schedule a free and confidential legal consultation with Berger Montague, please fill out the form on this page.
BERGER MONTAGUE OFFERS HOPE FOR SURVIVORS NATIONWIDE
Studies by David Finkelhor, Director of the Crimes Against Children Research Center, show that:
- 1 in 5 girls and 1 in 20 boys is a victim of child sexual abuse
- Children between ages 7 and 13 are most vulnerable to child sexual abuse
- Self- report studies show that 20% of adult females and 5-10% of adult males recall a childhood sexual assault or sexual abuse incident
A National Reputation
The Child Sexual Abuse Team at Berger Montague works to obtain justice for survivors of sexual predators. Berger Montague has a national reputation dating over a half century for the successful representation of our clients. During its history, Berger Montague has recovered over Forty Billion Dollars for its clients. We use our decades of experience, professional expertise, and unwavering commitment to justice to shine a light on the truth, obtain compensation for our clients, and help our clients begin their healing journey.
We serve survivors across the United States and can meet with you confidentially and inform you about your options for pursuing justice and the types of remedies that can be pursued.
You Are Not Alone
Having represented thousands of victims of child sexual abuse, the attorneys and staff at Berger Montague understand the devastation and pain of child sexual abuse. We know it takes incredible courage to step forward as a survivor. Our goal is to help our clients reclaim their power while holding accountable the people and institutions that allowed the abuse to occur. We are grateful for the trust that survivors and their families place in us by choosing our legal team to represent them. In turn, our team is passionately committed to shining a light on child sexual abuse and child sexual assault, helping survivors who have been subject to child sexual abuse in the United States bring lawsuits against the perpetrators and institutions that allowed the sexual abuse to occur, and forge a path of healing.
At Berger Montague, we are using over half a century of successful litigation experience to help victims of child sexual abuse. We will listen to you, believe you, and fight for you.
Caring, Compassionate, & Respected
Our attorneys and professional staff have a long track record of handling sensitive cases like yours and can meet with you confidentially to discuss your situation and legal options. This confidential consultation is free and is a safe starting point for you to understand your rights and get answers to your questions.
The Rights of Child Sexual Abuse Victims/Survivors to Sue Perpetrators and the People and Organizations that Enabled Them
The defendants in a child sex abuse case are typically the abuser and the people and organizations that negligently or recklessly allowed the abuse to occur, enabled the perpetrator, or created the unsafe situation in which the abuse was able to occur. Unfortunately, most abusers do not stop at one child, but leave a wake of destruction in their path, and need to be stopped. The defendants in a child sexual abuse case can include:
- The abuser(s)
- Healthcare providers, including doctor and hospitals
- A therapist, counselor, or other mental health provider
- A church, synagogue, or religious organization such as the Catholic Church, Mormon Church, Southern Baptists, Jehovah’s Witness (and priests, clergy, ministers or religious leaders and volunteers)
- Foster homes, group homes, or other government placement
- A preschool or daycare
- Public school districts (while every school should be a sanctuary for students, thousands of children are victimized by sexual predators every year)
- Private schools and boarding schools
- Foreign exchange student programs
- A college
- Sports organizations
- An after-school program
- Youth recreation organizations such as the Boy Scouts and the Boys & Girls Club
- A camp
- A massage business
- Property and hotel/motel owners, including where hotels/motels have failed to protect their guests from sexual assault or created an environment allowing sexual assault to occur
- A workplace/employer
- Another entity
What Remedies Are Available from a Lawsuit?
The consequences and emotional trauma of child sexual abuse are devastating, and survivors often experience feelings of depression, anxiety, fear, guilt, isolation, low self-esteem, shame, and the inability to trust others. Post-traumatic stress disorder (PTSD) is extremely common. The path to recovery is not easy, but a civil lawsuit can help recover financial compensation for the victim and a feeling of empowerment.
While no amount of money can reverse time and undo the child sexual abuse that took place, compensation can help a survivor reclaim their power and move forward with their life having achieved a measure of justice and recognition for what occurred. Just as importantly, a lawsuit can protect others from suffering the same fate at the hands of the perpetrator and the institution that allowed the child sexual abuse to occur.
A lawsuit may seek recovery for the following types of injuries:
- Depression
- Emotional pain and suffering
- Flashbacks
- Physical injuries
- Substance abuse
- Post-traumatic stress disorder (PTSD)
- Relationship and intimacy issues
- Somatic disorders
- Lost opportunities
The financial compensation can include recovery for:
- Medical expenses for past and future treatment of mental, emotional, and physical injuries
- Wages and lost income for times when the victim was unable to find or maintain meaningful employment
- Pain and suffering
- Punitive damages
Survivors often spend thousands of dollars to attempt to treat long-lasting injuries and should be entitled to hold those responsible for the abuse accountable. Each survivor of child sexual abuse will have a unique journey to recovery, and Berger Montague is here to assist them and provide a free and confidential consultation concerning their legal rights.
Pursuing a Child Sexual Abuse Claim
Monetary compensation is available through civil lawsuits for victims of child sexual abuse and child sexual assault. Survivors can be compensated for both the physical and emotional injuries they have suffered.
All forms of physical sexual contact with a minor, including, but not limited to, intercourse with a child or any form of inappropriate touching is actionable sexual assault.
Many civil lawsuits filed against third parties that allowed the abuse to occur are based on the legal cause of action of negligence, which recognizes that religious institutions, organizations, companies, schools, employers, and individuals owe children a duty of care and to protect them from dangerous sexual predators. When they fail to uphold that legal duty through carelessness, negligence, recklessness, or misconduct, they can often be held liable in the courts.
The law also provides for monetary compensation for the intentional infliction of emotional distress, false imprisonment, and negligent transmission of a sexual disease.
Statutes of Limitation (Time Limits) to File a Civil Action for Child Sexual Abuse and Child Sexual Assault
The term “statute of limitations” means the law in a state setting forth how much time a person has to file a lawsuit after an event occurs. Statute of limitation rules vary from state to state, with each state determining its own laws.
Because the law varies by state and is fact specific, it is imperative that you speak to a child sexual abuse attorney as soon as possible to ensure the timely submission of your claim.
Survivors and victims of child sexual abuse and child sexual assault may not immediately understand their rights or know how to exercise them. Thus, the law in many states recognizes that those who experienced child sexual abuse often do not immediately come forward because of the traumatic effects of the abuse.
Some states have eliminated statutes of limitations for survivors and victims of child sexual abuse and child sexual assault. Other states require that survivors file their civil lawsuits before they reach a specific age. And others still have passed (or are considering) new legislation that opens the door to claims from adult survivors abused as children that were previously barred by statutes of limitations.
For example, in October 2019, the Governor of California signed Assembly Bill 218 into law, extending the statute of limitations for civil sexual abuse claims to give victims more time to file. Because many victims of child sexual abuse and clergy abuse are too young and traumatized to report their abusers – and may even suffer from memory loss related to the violence – it can take decades before the victim decides to take legal action. Under AB 218, these victims are now more empowered to seek restitution from their abusers. Specifically, AB 218 permanently revived claims up to age 40 and added a 3-year window to file expired claims. That 3-year window closes on December 31, 2022.
At least the following additional states or territories have passed or are considering laws to revive survivors’ legal claims that may have been previously barred by statutes of limitations:
- Alabama
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Guam
- Hawaii
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Minnesota
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Northern Mariana Islands
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Utah
- Vermont
- Virginia
- West Virginia
- Washington D.C.
Please consult with the child sexual abuse attorneys at Berger Montague to determine which statute of limitations applies to your situation so we can advise you on your rights.
Types of Child Sexual Abuse Cases Handled by Berger Montague
The child sexual abuse attorneys at Berger Montague handle a large variety of child sexual abuse cases as cases are unique and fact patterns vary widely. For example, the firm is currently involved in the following cases:
- Child sexual abuse cases against teachers/schools and school districts
- Child sexual abuse cases against The Glen Mills Schools
- Child sexual abuse cases against The Boy Scouts
- Child sexual abuse cases against the Catholic Church. With regard to the Catholic church, non-profit newsroom ProPublica has created a searchable database of U.S. clergy members who have been “credibly accused” of sexual assault or misconduct. You can find the database here.
Contact Our Caring & Experienced Team
If you are aware of a situation involving child sexual abuse by a nurse, doctor, hospital, therapist, counselor, church or religious organization, school, summer camp, youth recreation program, college, foster care program, teacher, coach, chaperone, employer, or another entity, please contact us for a free and confidential legal evaluation. The survivor has the right to obtain justice for what happened and recover compensation for their medical expenses, pain and suffering, and other consequences, and we will fight as hard as we can for our clients nationwide.
To confidentially discuss your matter, please contact us when you are ready at 215-875-3000 or by email at [email protected]. Our job is to obtain justice for our clients.
Berger Montague is a full-spectrum civil litigation law firm with nationally known attorneys and a record of success spanning over half a century. The firm has been recognized by courts throughout the country for its ability and experience in managing and leading major complex litigation. In numerous precedent-setting cases, Berger Montague has played a lead role in obtaining notable victories for its clients.
How Does Berger Montague Charge Its Clients?
At Berger Montague, we litigate child sexual abuse and child sexual assault claims on a fully contingent basis. This means that our clients DO NOT PAY ANYTHING until a financial recovery is made in their case. Berger Montague advances all of the costs and is not reimbursed unless there is a recovery. It costs nothing to speak with or hire Berger Montague to represent you as we will only be paid a percentage of your settlement or judgment.
Startling Statistics Reported by RAINN (Rape, Abuse & Incest National Network), the Nation’s Largest Anti-Sexual Violence Organization
RAINN created and operates the National Sexual Assault Hotline (800.656.HOPE) (www.rainn.org) in partnership with more than 1,000 local sexual assault service providers across the country. RAINN also carries out programs to prevent sexual violence, help survivors, and ensure that perpetrators are brought to justice. According to the statistics collected by RAINN, the number of cases of reported child sexual abuse and child sexual assault is staggeringly high, and many thousands of cases go unreported, making the numbers even higher.
- Every 68 seconds, an American is sexually assaulted.
- Sexual violence affects hundreds of thousands of Americans each year. Only 25 out of every 1,000 rapists will end up in prison.
- 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime.
- Child Protective Services agencies substantiated, or found strong evidence to indicate that, 63,000 children a year were victims of sexual abuse.
- A majority of child victims are 12-17. Of victims under the age of 18: 34% of victims of sexual assault and rape are under age 12, and 66% of victims of sexual assault and rape are age 12-17.
- Every 9 minutes, Child Protective Services agencies substantiated, or finds evidence for, child sexual abuse.
- The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. Victims are more likely than non-victims to experience the following mental health challenges:
- About 4 times more likely to develop symptoms of drug abuse
- About 4 times more likely to experience PTSD as adults
- About 3 times more likely to experience a major depressive episode as adults
Our Dedicated Child Sexual Abuse Attorneys Can Help
Berger Montague stands with and supports sexual abuse survivors and their families and loved ones.
Child Sex Abuse & Sexual Assault FAQs
First, please make sure that you are physically safe. Contact the National Sexual Assault Hotline at 800-656-HOPE (4673) for guidance on locating an appropriate health facility that can care for the survivor of the sexual assault. This is an important step to take in documenting the incident in case you decide to pursue legal action. Please also visit any children’s hospital, which have expert therapists on staff that know how to respond to child sexual abuse concerns.
Second, when you are ready to report the crime, contact your local law enforcement officials. If you believe your child was abused at school, please immediately speak to the school authorities, starting with the principal, headmaster, or whoever is in charge of the school.
Third, contact an experienced law firm that can advise you concerning your rights. The child sex abuse attorneys at Berger Montague can help, and will provide a free and confidential consultation.
Fourth, consider speaking to a trusted friend or family member, and also consider seeking counseling from an experienced mental health provider.
Please note that the child sexual abuse attorneys at Berger Montague are available to help you navigate this process.
There are two potential types of suits that can be brought: criminal and civil. The main goal of a criminal suit is to obtain a criminal judgment against the perpetrator. In a criminal case, the prosecutor must be able to prove the case beyond a reasonable doubt, the highest burden of proof. In a civil lawsuit for money damages, however, the plaintiff must prove their case by a preponderance of the evidence – in other words, was it more likely true than not, a much lower burden of proof than what is required in a criminal case. The main goal of a civil suit is to sue the perpetrator and obtain monetary compensation for the damages suffered by the victim, including both economic and non-economic damages, pain and suffering, emotional anguish, and expenses for medical and mental health treatment.
Child sexual abuse is the use of force, pressure, or manipulation of a child by an adult or adolescent for the sake of sexual gratification. Child sexual abuse and child sexual assault can take many forms, including but not limited to rape, attempted rape, unwanted sexual touching or fondling, psychological pressure/coercion, forcing a victim to perform sexual acts, indecent exposure, engaging in child pornography, and sex trafficking. Note that sexual abuse can also happen to underage, elderly, disabled, or special needs individuals.
Child sexual abuse can happen anywhere, including but not limited to:
- A healthcare facility such as a hospital or doctor’s office
- A therapist, counselor, or other mental health provider
- A church or religious organization such as the Catholic Church, Mormon Church, Southern Baptists, Jehovah’s Witness (and priests, clergy, ministers or religious leaders and volunteers)
- Group homes, foster home or other government placement
- A preschool or daycare
- Public school districts
- Private schools and boarding schools
- Foreign exchange student programs
- A college
- Sports organizations
- An after-school program
- Youth recreation organizations such as the Boy Scouts and the Boys & Girls Club
- A camp
- At massage businesses
- Property and hotel/motel owners, including where hotels/motels have failed to protect their guests from sexual assault or created an environment allowing sexual assault to occur.
- A workplace/employer
- Another entity.
Each state in the United States has its own statute of limitations for claims arising in that state. Please consult with the child sexual abuse attorneys at Berger Montague and they will advise you concerning the applicable statute of limitations relevant to your claim. In some states there are statutes of limitations that have extended the time to bring a lawsuit so that adults can pursue a claim for incidents of abuse that occurred when they were a child.
If you are an adult and were sexually abused as a child, please seek help from a mental health counselor or therapist. Please visit www.rainn.org/recovering-sexual-violence for more information.
Yes. In most courts, there are privacy protections that allow the child sexual abuse attorneys at Berger Montague to file the case using a fictitious name, such as Jane Doe or John Doe, so that your name remains private and out of the public record. For more information concerning this option, please schedule a free and confidential consultation with Berger Montague.
Institutionalized child sexual abuse is common, and below are just some examples:
- A teacher molests a child before, during, or after school
- A student abuses another student before, during, or after school
- A priest molests a child
- A coach for a private soccer organization molests a player
- A scout leader molests a child during a camping trip
- A medical provider molests a young patient under the guise of providing medical treatment
- A manager molests a young employee at a restaurant or other place of employment
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