NY Post: BSA lawyer blames 12-year-old rape victim

[Merlyn_LeRoy]

It isn't often the NY Post comes out against the Boy Scouts:

 

http://www.nypost.com/commentary/68288.htm

 

OH, BOY, WHAT AN OUTRAGE: SCOUTS BLAME VICTIM FOR THE RAPE

By ANDREA PEYSER

 

May 10, 2006 -- BE PREPARED. The Boy Scouts of America has come up with a sick way of protecting the organization from pedophile scoutmasters.

 

The Scouts blame the victim for getting raped.

 

I kid you not.

 

It happened in the case of scoutmaster Jerrold Schwartz, who for more than 20 years led a terribly exclusive troop of Boy Scouts - Troop 666 - on the Upper East Side. Until he admitted in 2002 that he sodomized and raped a Scout, even on his own wedding night, starting when the child was 12. Schwartz is now doing up to eight years in prison.

 

This is where it gets twisted.

 

Faced with a lawsuit from the angry family of the young man, who at 24 is in and out of mental hospitals, the Scouts demanded the suit be dismissed.

 

The reason? The boy wanted it!

 

I've gotten hold of a copy of the 24-page motion, written by Scouts lawyer S. Paul Battaglia of Syracuse.

 

From the start, he asserts the boy consented to rape - even though he was just a child.

 

The boy "does not allege that Schwartz forced or coerced him to have physical or sexual contact with him," says the document, filed in state Supreme Court last year, but just now coming to light.

 

"[His] allegations and testimony describe a relationship that slowly progressed from 'back rubs' to masturbation and anal sex during more than two years of sexual contact with Schwartz. During that time [the boy] became emotionally attached to Schwartz."

 

The motion then tries to "prove" he wanted it - by quoting from the boy's deposition in the case.

 

It is sad.

 

"Did you ever tell him during that period of time that you loved him?" the boy was asked.

 

"Yeah, he constantly made me say that I loved him," he replied.

 

"So you did say that to him on occasion?"

 

"I didn't come out and just go, 'Oh Jerry, I love you.' He would go, 'You love me, right? Tell me you love me."

 

"And then you would respond?"

 

"Yes."

 

But on April 26, state Supreme Court Justice Marilyn Shafer refused to dismiss the case, ruling that the Scouts must prove their scurrilous allegations at trial.

 

Battaglia refused comment, noting that the matter is in litigation.

 

St. Bartholomew's Church, which is home to Troop 666, did not return a call, nor did the Greater New York Councils, Boy Scouts of America.

 

Just who is in charge? The New York Scouts have so much juice, the list of officers and directors reads like a who's who of our city's business, media and legal elites.

 

John Whitehead of the Lower Manhattan Development Corp. is listed as chairman of the executive committee. The advisory committee includes Arthur Ochs Sulzberger, retired chairman of The New York Times.

 

Michael Dowd, lawyer for the young man at the center of the suit, is astonished that the Scouts should play hardball against one of their own charges.

 

"They are supposed to be a national organization that protects children," said Dowd. "To take the position that sex between a scoutmaster in his 30s and a 12- or 13-year-old child is consensual is an outrage!"

 

He said the young man in question is "in bad shape." Though he's trying to finish his education, he is in and out of mental institutions. He cuts himself. He's tried suicide. He needs the comfort of a service dog - like a seeing-eye dog, though the young man is not blind - just to get through the day.

 

When Schwartz was sentenced, his mother described, in heartbreaking detail, how the young man spent hours in the bath, trying to wash Schwartz's stink off his body. It was all the more awful, because he went out of his way to get the whole family to trust him.

 

Be careful whom you trust, New York. Once the pedophile is finished with a child, the real abuse begins.

[Merlyn_LeRoy]

Oh, and before anyone points out that the victim is now 24, the lawyer supposedly claimed that the victim consented from the very start, when he was 12.

[jmenand]

Based solely on the way it is presented here, the scout's lawyer must be out of his mind. I hope that the lawyer is acting, as lawyers often do, the way they *believe* is in their client's best interest. If the lawyer is acting under direction from the council then they're all insane.

[Fuzzy Bear]

When the only defense left is to blame a 12 year old, then they have rightly concluded that no defense is left for such an act.

[Hunt]

I would like to see more information before I accept the New York Post's characterization of the papers in the case or anything else.

I will note that this civil suit is taking place ten years after the abuse ceased, and the article doesn't mention the fact that Schwartz has been in prison since 2002.

If the civil suit is against BSA and/or the council, the defense will probably argue that there was no reason for BSA to believe that this guy was an abuser--that they had done proper checks, that there were no complaints before this one, etc. They probably want to point to the fact that the accuser didn't make his claims until years after the abuse occurred (I'm assuming that based on the dates, but I don't really know).

But you'd have to read the actual papers to know if BSA's lawyers are making a scurrilous argument, or if the Post is overstating to make a splashy headline.

I would also note, just in passing, that it surprises me that a church would sponsor a Troop 666.

[nldscout]

First off, lets see the actual motion. No one yet except a reporter has seen it.

 

Merlyn, Do you have a copy? I know the Mr. Battaglia from Syracuse and he is NOT a lawyer, he is a Scout executive.

 

So lets see the document.....

[CNYScouter]

Different Mr.Battaglia

 

Paul Battaglia is a lawyer at Bond, Schoeneck & King in Syracuse

 

 

 

[evmori]

Here's a different version of the same story that makes a little more sense. It's from Court TV.

 

Let's not forget this guy was convicted 4 years ago! Sounds like Merlyn's digging deep again!

 

NEW YORK A former Scoutmaster praised for his selfless devotion to Manhattan boys admitted Tuesday sexually abusing an Eagle Scout in his troop.

 

Jerrold Schwartz, 42, pleaded guilty to four counts of third-degree sodomy for molesting the teenager in 1996. Judge Charles Solomon told Schwartz he would face up to eight years in prison when he is sentenced in August. Schwartz was originally charged with 36 counts of sodomy over a two-year period.

 

The victim, now a 19-year-old college student, claims he was raped by Schwartz in his office and apartment after weekly meetings for Troop 666, a group based in a church and synagogue on the Upper East Side. The abuse continued on camping trips to Colorado, New Mexico and the Florida Keys, and even occurred on the eve of Schwartz's wedding in Disneyworld, the victim alleged.

 

The victim, the son of a doctor and lawyer who were deeply involved with the troop, is suing Schwartz, the Boy Scouts, the church and the synagogue for $150 million. According to his mother, the teenager's normal adolescence was destroyed by the abuse.

 

In a letter to the judge, she said he engaged in self-mutilation, cocaine and marijuana abuse, and promiscuity and would spend hours in the bathtub trying to cleanse himself. He first told his parents about the molestation after he was kicked out of college and sent to a rehab center.

 

The teenager's lawyer, Michael Dowd, said Schwartz's plea ensures he will be found liable in the civil suit. Dowd also represents more than 40 other clients who say they were sexually abused as children.

 

The heart of the prosecution's case was secretly recorded audio tapes in which the victim confronted Schwartz about the abuse.

 

"I took advantage of you sexually," Schwartz admitted in the April 2001 meeting. "Im eternally, eternally sorry.

 

He blamed the abuse on "a sickness" and said, "I did things that were not becoming of an adult that you looked up to, not becoming of an adult period.

 

Before the plea, Schwartz's lawyer, Joseph Bondy who became an Eagle Scout in Troop 666 under Schwartz's leadership said his client made the statements in fear of the victim's volatility, but acknowledged the "horrible, horrible tape" would be compelling to jurors.

 

Schwartz was involved with Troop 666 since his own youth, becoming an Eagle Scout, then an assistant scoutmaster and finally the leader.

 

In letters sent to Judge Solomon pleading for leniency, troop parents and scouts described Schwartz as caring and charismatic and said they could not believe the allegations.

 

"I count him among the most dedicated and compassionate people I have had the honor to know and befriend," one Eagle Scout, now a college junior, wrote.

 

Dowd, the victim's lawyer, said his client was living out of state and had not heard about the plea because he was busy taking his final exams.

 

"He'll be gratified to know he's not going to hurt any other kids," Dowd said.

 

Ed Mori

Troop 1

1 Peter 4:10

[Merlyn_LeRoy]

Hey Ed, what's "digging deep" about referring to a NY Post editorial that appeared on the day I posted it? THe NY Post story is about how the BSA's lawyer is arguing liability.

[evmori]

An editorial! Wonder where they got their facts since everything I read said nothing about this!

 

Digging deep = posting totally useless information about a 4 year old case!

 

Ed Mori

Troop 1

1 Peter 4:10

[Merlyn_LeRoy]

Ed, I realize you can't seem to learn things, but this is something the BSA is apparently doing NOW, not four years ago. The BSA's lawyer is trying to get a lawsuit against them dismissed by blaming the victim.

 

And if you're wondering where she got her facts, she SAYS so in the article - she got it from the BSA's 24-page motion for dismissal.

 

And if you're wondering why "everything you've read" didn't mention this, consider the fact that your court TV description said the criminal confessed "Tuesday", while the Post article says he confessed in 2002, and that the BSA's motion for dismissal is over a lawsuit that came AFTER this.

 

This is a CURRENT lawsuit; the criminal case was four years ago, but this is about a lawsuit from the family against the BSA.

[Eamonn]

I don't know about all the legal stuff.

But what a truly sad story.

I feel bad for the Scout.

I feel bad for his parents, family and friends.

I feel bad for the CO

I feel bad for the family and friends of the Scoutmaster.

I don't know what makes people abuse young children.

They must be suffering from something.

I hope the guy gets the help he needs.

150 Million Dollars sounds like a lot of money to me -I'm not sure if it's enough or too much?

But if the going rate for a slip of the tongue is 25 cents maybe it's not out of line?

I hope this is a case of a lawyer grasping at straws. if it is coming from the BSA? I feel bad about that as well.

Eamonn.

[evmori]

Merlyn,

 

What was your point in posting this article?

 

The offender has been in jail since 1992. And he confessed Tuesday in 1992!

 

This is a new civil suit. I'm sure any attorney for any organization that was being sued would use the same tactic! Attack the filer of the suit! Sorta like you attack people on this site who don't agree with you! You should like this approach by the BSA attorney! It's right up your alley! And will probably be as effective!

 

Ed Mori

Troop 1

1 Peter 4:10

[Fuzzy Bear]

The BSA's defense should simply center on the lack of reasons involving their responsibility in these covert acts of destructive behaviors. These acts were done by a sick person that nobody spoke about for 20 years. Signing a piece of paper does not ensure that a person will do good things. Putting on a uniform doesnt mean that a person will follow the Scout Law and that children in their charge will be safe. The kinds of sick people that engage in these acts are generally only caught afterwards and nobody could have predicted that they intentionally would harm children. The BSA, unlike the Catholic Church, did not harbor this individual after they found out. The BSA acted. The BSA may be a gatekeeper but there is not a method to prevent this from happening. It would be paramount to saying that the government is responsible for terrorist acts because it is their job to ensure the peace and when something happens, everybody should sue them. It is neither reasonable nor rational to do so. Justice that makes everyone else responsible for the lawless acts of others is not just. FB

[Merlyn_LeRoy]

Ed writes:

What was your point in posting this article?

 

To show how the BSA is unethical; it's their lawyer putting forth this defense, Ed. Don' t you think it's an unethical defense?