Boy Scouts of America Compensation: Explained

The Boy Scouts of America (BSA) TDP, or Trust Distribution Procedures, outlines the process for evaluating claims of abuse within the Boy Scouts organization and determining compensation for survivors. Here's a breakdown of key elements:

Claims Evaluation:

The claims evaluation process plays a pivotal role in determining compensation for survivors of abuse within the organization. Here's a detailed breakdown of how claims are thoroughly assessed:

Submission of Claims:

Survivors or their legal representatives submit detailed claims outlining their experiences of abuse while involved with the Boy Scouts. These claims typically include information such as the type of abuse endured, the identity of the abuser(s), the duration of the abuse, and any relevant supporting documentation.

Initial Review:

Upon receiving a claim, the BSA's designated claims administrators conduct an initial review to ensure that all necessary information and documentation have been provided. This step helps streamline the evaluation process and ensures that each claim is complete and ready for assessment.

Assignment of Base Matrix Value:

Each type of abuse is assigned a base matrix value, which serves as the starting point for determining compensation. These values are predefined in the TDP and reflect the perceived severity and impact of different forms of abuse.

Tier 1: Anal or Vaginal Penetration

• Definition: This tier involves cases where the abuse includes penetration by an adult, including use of inanimate objects.
• Base Matrix Value: 600,000.
• Maximum Value: 2,700,000.

Tier 2: Oral Contact

• Definition: This tier involves cases where the abuse includes oral sexual intercourse.
• Base Matrix Value: 450,000.
• Maximum Value: 2,025,000.

Tier 3: Adult Masturbation

• Definition: Tier 3 comprises cases where the abuse involves direct masturbation by the adult abuser.
• Base Matrix Value: 300,000.
• Maximum Value: 1,350,000.

Tier 4: Youth Masturbation

• Definition: Tier 4 comprises cases where the abuse involves direct masturbation by the youth perpetrator.
• Base Matrix Value: 150,000.
• Maximum Value: 675,000.

Tier 5: Contact Abuse

• Definition: Tier 5 comprises cases where the abuse involves direct or indirect physical contact, such as inappropriate touching and exploitation for child pornography.
• Base Matrix Value: 75,000.
• Maximum Value: 337,500.

Tier 6: Non-contact Abuse

• Definition: Tier 6 comprises cases where the abuse does not involve direct physical contact but may include other forms of misconduct, such as verbal harassment.
• Base Matrix Value: 3,500.
• Maximum Value: 8,500.

 

Scaling Factor:

The scaling factor adjusts the base matrix value (as high as 2x) based on factors such as the survivor's age at the time of abuse, the duration of abuse, and the severity of the impact.

Aggravating Factors:

1. Multiple Instances: If the survivor experienced abuse on multiple occasions, the compensation amount may be increased to reflect the prolonged and repeated harm suffered.

2. Age of Survivor: Younger survivors, particularly those under the age of 12 at the time of the abuse, may receive higher compensation due to the vulnerability associated with their age and the potential long-term impact on their development and well-being.

3. Authority of the Abuser: If the abuser held a position of authority or trust within the Boy Scouts organization, such as a troop leader or mentor, the severity of the abuse may be considered greater, leading to an increased compensation amount.

4. Impact on Survivor: 

   1. Mental Health: Abuse survivors often suffer from PTSD, anxiety, depression, and suicidal thoughts.
   2. Physical Health: Chronic pain and sexual dysfunction are common physical issues.
   3. Interpersonal Relationships: Trust issues and social isolation hinder survivors' ability to form healthy relationships.
   4. Vocational Capacity: Employment challenges and obstacles to career advancement are prevalent.

Mitigating Factors:

Mitigating factors are circumstances or conditions that, while they may not justify or excuse wrongful behavior, reduce the compensation or punishment of the individual.

1. Statute of Limitations: In cases where the survivor's ability to file a claim is limited by the statute of limitations, the compensation amount may be reduced.

2. Familial Relationships: This mitigating factor considers cases where the survivor had a familial relationship with the abuser.

3. Other Non-Scouting Relations: This could include relationships with individuals who were not affiliated with the Boy Scouts organization but were involved in the survivor's life in other capacities, such as family friends, neighbors, teachers, or community members.

Compensation Calculation

The final compensation amount is determined by balancing these mitigating and aggravating factors against the base matrix value, taking into account the unique circumstances of each survivor's case.

Contact Us

If you wish to seek legal assistance or further information, please do not hesitate to reach our team at oshanandassociates. We understand the sensitive nature of these cases and are committed to providing compassionate and dedicated legal representation to survivors of abuse.

Contact us today at (206) 335-3880 or (646)-421-4062 for a confidential consultation and let us help you seek the justice and compensation you deserve.

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