Legal News

On the Boy Scouts and the So-Called ?Perversion Files?

By Ashby Jones

A trial involving a man who claims he was molested in the 1980s by a Boy Scout leader began on Wednesday in state court in Portand, Oregon. The plaintiff in the case is a 37-year-old man who alleges he was molested by an assistant Scoutmaster. He has sued the Boy Scouts and is asking for $14 million in damages.

The trial will, of course, give the plaintiff ample opportunity to prove his case prior to the jury’s verdict. But in a lot of ways, the biggest ruling in the case has probably already happened — when the Oregon Supreme court ruled that the so-called “perversion files” could be admitted by the plaintiff as evidence. The “perversion files,” so named by the Boy Scouts, is, according to the LA Times, “an extensive archive of secret documents that chronicle the sexual abuse of young boys by Scout leaders over the years.” Click here for an NYT story; here for a story from the Oregonian.

Until now, the files have never seen the light of day. But Kelly Clark, the lawyer for the plaintiff in the case, expects to release some of them during trial. The lawyer claims the files show that the Boy Scouts have covered up abuse for decades.

Charles Smith, attorney for the national Boy Scouts, said in his own opening statement the files were kept under wraps because they “were replete with confidential information.” It was that argument — that the documents should be kept under wraps to protect those named within them — that the Oregon Supreme Court rejected. Prior to that court’s ruling, according to the LAT, judges “for the most part have either denied requests for the files or the lawsuits have been settled before they went to trial.”

The Portland case centers on whether the Boy Scouts of America did enough to protect boys from the man at issue, who pleaded guilty to molestation charges in the 1980s.

According to the LAT, Deron Smith, a spokesman for the Boy Scouts said in a statement that the organization cannot comment on details of the case. But it has worked hard on awareness and prevention efforts, including background checks. Said Smith: “Unfortunately, child abuse is a societal problem and there is no fail-safe method for screening out abusers.”

Full post as published by Law Blog - WSJ.com on March 19, 2010 (boomark / email).