Really Bad News

[eisely]

This is not a pretty picture, whatever the truth may be.

______________________________________

 

Suffolk Scouts Sued for $10M

Family alleges son sexually abused

 

By Samuel Bruchey

STAFF WRITER

 

July 16, 2003

 

 

A West Babylon family filed a $10-million lawsuit yesterday against the Suffolk County Boy Scouts alleging that last summer their disabled teenage son was repeatedly sexually abused while working at a camp in Baiting Hollow by a fellow junior counselor.

 

After learning of the abuse, the family made efforts to notify camp and county Boy Scout officials, certain they would reprimand the abuser and implement safeguards to protect other children.

 

A year later, the family says the only decisive action taken by Boy Scout officials, who deny any abuse occurred, came in August. That's when officials fired several counselors, including the alleged abuser, after empty beer cans were found in the woods. Their son resigned before he could have been fired.

 

"That was their way of washing their hands clean of the problem," the teen's mother said.

 

"This is an institution that is supposed to protect and care for the boys who come under its care," said the boys's attorney, Seth Harris of Manhattan. "They turned their back on him, and pretended the abuse never happened."

 

Ken D'Apice, president of the Suffolk County Boy Scout Council in Medford, said the alleged abuser was fired in connection with the underage drinking incident, but denied any connection between the drinking and the allegations of sexual abuse.

 

D'Apice said the abuse allegations, detailed in a handwritten letter from the boy, were investigated thoroughly by a three-member committee, consisting of experts in juvenile law and juvenile issues. After collecting evidence and interviewing "every person who could possibly provide information," the committee concluded there was no incident of sexual abuse.

 

Lt. Richard Boden of the Riverhead police department, which has jurisdiction over Baiting Hollow, said his department was never notified of the allegations.

 

As troubling as the allegations were to the boy's family, they said they chose not to contact police because they had faith that Boy Scout officials would take action on their son's behalf. "We believed in scouting almost as a religion," said the teen's father, a former Boy Scout himself, who founded his son's troop through their church. "We believed all we had to do was to tell the right people."

 

The alleged abuse took place between June 20 and Aug. 1 last year. That July, the teenager insisted on writing D'Apice directly. His letter describes the abuse, which, he said, took place inside Tuocs cabin, where he and the alleged abuser lived with several other junior counselors. Tuocs is separated from the camp's other cabins by a steep hill, the family said.

 

"He verbally assaults people and tries to make them relieve him orally or with their hands," the letter states. "I am not the only one receiving this and I am not the only one witnessing this."

 

In an interview with a reporter, the teenager, whom Newsday is not identifying because of the type of alleged incident, said he always rebuffed the advances. At first he "thought he [the alleged abuser] was just being a jerk" and viewed his behavior as an unwelcome prank. After the summer, however, the abuse weighed heavily on him. "I felt almost frozen because I couldn't seem to do what I used to do. Everything just stopped," he said last week at home.

 

He graduated from high school, but just barely, his family said. Since then, the teen, who was speech-delayed as a child and still has difficulty processing what people say to him, has been diagnosed with depression, meets regularly with a psychiatrist and is taking prescribed anti-depressant medication.

 

The incident, too, has tarnished his faith in what for years had been the family's shared passion. His father was a scout until he was 16. His younger sister once wrote letters to national scout leaders, lobbying for girls to be allowed membership.

 

"I don't want to have anything to do with it anymore," the teenager said.

 

His last act with the organization was in September when he became an Eagle Scout, a ceremony his mother called "beautiful but hollow." Still hopeful that officials would take action on his claims, the teenager invited D'Apice to attend the ceremony, held in the basement of their church in West Babylon.

 

D'Apice did not attend, but sent a copy of the Eagle Scout Challenge handbook. The package came with a letter congratulating him on his achievement and reminding him "of the responsibilities which are now yours."

Copyright 2003, Newsday, Inc.

 

 

[evmori]

Not pretty! This is down right duck ugly no t matter if it's true or not!

 

Ed Mori

Scoutmaster

Troop 1

1 Peter 4:10

[AdvanceOn]

"D'Apice said the abuse allegations, detailed in a handwritten letter from the boy, were investigated thoroughly by a three-member committee, consisting of experts in juvenile law and juvenile issues. After collecting evidence and interviewing "every person who could possibly provide information," the committee concluded there was no incident of sexual abuse."

 

Okay, I don't usually respond in this area but this one raises red flags for me. I realize that newspaper articles can be slanted and leave out details but where is the Child Protective Services (social services, whatever it's called in that community) on this?

 

BSA is not the one to make the decision as to whether abuse occured or not. That's up to CPS.

 

On a side note, this camp sounds like it's got LOTS of problems. Allegations of abuse, under age drinking, where's the supervision and training?

 

[Fat Old Guy]

Details, we need details.

 

Releive him orally? For all we know, the sexual abuse of the abuser is him saying, "B*** me!" or making the classic stroking sign as sign of contempt.

 

Once you get the authorities involved, you have lots of liberals running around stamping all involved as villans.

[acco40]

Blame it on the liberals. Yes, that's the ticket!

[Rooster7]

OkayI agree. This could be one huge horrible scandal involving sexual abuse, which should not be glossed over. On the other hand, this could also be one huge horrible scandal of parental exploitation, whereas someone decides theyve found a quick but nasty way of collecting millions of dollars.

 

I tend to think its the latter (although I have no way of really knowing from where Im standing). There is no allegation of any physical contactno documentation of mental or emotional damage yet the family is seeking 10 million dollars not $100,000 or 1 million dollars mind you but 10 million dollars. Considering the fact that the article barely mentions anything that remotely looks like damages ("I felt almost frozen because I couldn't seem to do what I used to do. Everything just stopped"), thats a lot of cash for an incident that is based solely on a verbal attack.

 

Using the original post as a sole resource, it does sound as if the camp did not follow established BSA policy for reporting alleged incidents of sexual abuse. That may be an issue worth exploring, but it does not make the allegations true. Secondly, if there was no physical contact, then perhaps were not talking sexual abuse, but hazing or harassment. If that is the case, then perhaps this camp did what it was suppose to do. They investigated an allegation of hazing or harassment and determined them to be unfounded

 

As for blaming the liberalsif words (callous and crude as they may have been) are transformed into sexual abuse, then yes, you probably can blame it on a liberal somewhere probably some guy whos trying to save the world and rewrite the law from the bench. Are all liberals guilty? Only if they support that kind of non-sense.

[evmori]

It's still ugly but after re-reading the article many many questions arise.

 

If this was so devistating, why did the Scout continue?

 

Since he does have difficulty processing things, did he mis-interpret what was going on?

 

Was there any physical sexual contact?

 

These are just a few.

 

Ed Mori

Scoutmaster

Troop 1

1 Peter 4:10

[silver-shark]

"D'Apice said the abuse allegations, detailed in a handwritten letter from the boy, were investigated thoroughly by a three-member committee, consisting of experts in juvenile law and juvenile issues. After collecting evidence and interviewing "every person who could possibly provide information," the committee concluded there was no incident of sexual abuse."

 

It sounds as though the committee that reached the decision, was completely independent of scouting. It seems that there should be no bias on their part or intent of deception.

 

As for what to do, if this happened in a troop, whether adult on youth, or youth on youth, we are to report the incedent immediately to the SE for them to address. That's it, unless there is a current safety issue.

 

The BSA would have NOTHING to do with pressing charges against anyone. Only a parent or guardian could do this.

 

It may be that the parents are the only ones seeing dollar signs here. It sounds like they still haven't pressed charges against the alleged offender. That would indicate to me that they are not interested in making sure that this doesn't happen to another child.

 

The boy, if not abused, may have been merely trying to get back at a boy that had been teasing him about his condition for some time. Who knows...

 

One thing for sure. This is a reminder for all of us, that Youth Protection is not just for the kids, but to save our reputations if a boy becomes angry with us.

[Fat Old Guy]

" Only a parent or guardian could do this. "

 

I'm not a lawyer but I stayed in a Holiday Inn Express and I believe the State presses charges, the parent only requests that they do so.

 

If the world continues on its present course, some day when your neighbor is complaining about the leaves from your maple tree and you tell him, "Blow it out your a**," you may be charged with a sex crime.

 

 

[silver-shark]

Change press to pursue, or request if you'd like Fat Old Guy. What you call it depends on the part of the country you happen to be in. Here in Indiana, USA a battered wife has to "press charges" before the police will begin an investigation, but other crimes are treated differently.

 

My point still being that the BSA is certainly not responsibile for pursuing criminal proceedings. That is the responsibility of the parent or guardian.

 

Any other technicalities in my post?

 

[Eamonn]

Really Bad News, - Yes.

Really Sad News - You Bet ya.

True or not true ? I don't know.

Can't help thinking that If my son came home this upset and was in need of this amount of medical attention, I would have called the police.

I love Scouting very dearly, but I love my son a lot more.

Where the heck does someone come up with the number?

If it does turn out, that this is not true, I do hope that it gets as much press as it has already.

My little sister is a Barrister, back "Home" in England. There they have it where the loser pays the Court costs. This does make people think twice before entering into needless law suits.

I am not saying that this is one, as I don't have the facts.

Still when I see numbers like this, I can't help wondering??

[OldGreyEagle]

"If the world continues on its present course, some day when your neighbor is complaining about the leaves from your maple tree and you tell him, "Blow it out your a**," you may be charged with a sex crime."

 

As yet, in my corner of the world, while this epithet is not yet a sex crime, it is indeed most unscoutlike, and such vulgarity would be seen for what it is, the expression of a crude, ignorant vestige of a human who can only express himself in the most base manner.

[Rooster7]

OGE,

 

I agree with your sentiment. I would not say those words to my neighbor, even if he were being a pain in the...neck! Or at least, I would try not to say those words.

 

However, I think FOG was trying to make a point, not encourage that kind of language or behavior. I have to agree with him. There is some momentum in various parts of the country to politicize crimes. From my reading of the original post, if true, while the offending Scout was certainly offensive, un-Scout-like, and probably should have been reprimanded for hazing (as evidentiary by his alleged verbal assaults) and warned that future offenses would be reason for termination, I do NOT think he was guilty of a sex crime (or sexual abuse as was asserted). At best, this was sexual harassment. It was not sexual abuse, which requires some kind of physical contact. These distinctions need to be made. These differences in labels indicate the severity of the crime. I dont support sexual harassment or take the charge lightly. Yet, I think most folks realize that crimes of sexual abuse warrant a swift and measured response. In fact, this is further evidence that the aforementioned charges may be bogus. If there was any evidence of true sexual abuse, the parents could pursue this through the criminal courts as opposed to the civil courts. Anyone can make a civil case happen. It matters not how strong the evidence may be. However, criminal charges will not happen unless there is good evidence to support the charge. DAs have reputations and bosses. Most civil lawyers seem to respond to the bottom line (i.e., dollars). And since theres a propensity in this country to allow frivolous lawsuits to go unpunished, theres no incentive by lawyers to back away from bogus claims.

 

In regard to political inclinationThe same folks that would label crude insults as a sex crime, are the folks that would feel compelled to expel a five year-old from kindergarten because he pointed his finger at another kid and said bang! (as was done in the great state of NJ). It appears that some folks have no perspective or conscience for true justice. Theyre more interested in propping up their cause or making some sort of a political statement. They dont care whos child gets in the way, whos reputation is ruined, or even if someone goes to jail, so long as their cause is re-enforced and/or highlighted.

 

The above is just an observation. It may or may not apply to this specific case. However, the story does have all the ear-markings of a case born out of greed and not a need for justice.

[acco40]

If the "state" presses charges, why do police officers ask citizens if "they would like to press charges?"

[Rooster7]

I'm not sure, but I do know that the DA has final word as to whether or not charges go forward. But to answer your question - I have two theories (but perhaps a real lawyer could help us out here):

 

Theory #1 - They do on TV and in the movies, but not in real life.

 

Theory #2 - Perhaps the intent behind that question is, if charges are pressed, "Are you willing to cooperate with the prosecution?" It's probably a waste of time and money (for the state), if the purported victim gets on the stand and states something to the affect, "No he wasn't assaulting me. We always goof around like that."