The title is Daniel Lourim versus John Swensen, Boys of America and others. Although filed in 1999, the case sexual assault committed over 30 years prior to the filing of the suit when Lourim was still a minor. This case underscores how long the sexual abuse has been occurring within the BSA. As at the time of writing this article in 2020, it has been over 60 years since they have committed the alleged offence.
It doesn’t have to take so long to get justice for the wrong done to you. If you or your loved one has been a victim of Boys scout sexual abuse, our boys scout lawsuit attorneys at oshan and associates are ready to fight for you.
Facts of the Case
The plaintiff, Mr. Daniel Lourim, alleged that when he was assaulted when he was a member of the scouts by one Mr. John Swensen between 1965 and 1967. The alleged abuser was “a volunteer Boys scout leader duly authorized by the Boys Scout to act in that capacity”.
While holding these positions he built a relationship of trust with the plaintiff who had gained some confidence in him as a mentor and role model. The defendant allegedly used this opportunity to manipulate, touch and molest the plaintiff who was a minor at the time.
The plaintiff then proceeded with an action against the BSA for failing to implement a screening program to keep out the predators and ensure his safety.
Legal Arguments and Reliefs Claimed
The plaintiff sued on grounds of negligence. Negligence is a civil wrong that occurs when a failure to perform a responsibility leading to the injury suffered by the plaintiff. Here, the plaintiff claimed that the National Body of the BSA was vicariously liable for the alleged negligence.
At the lower and appeal court, they dismissed the claim on grounds that the negligence claim was time-barred. The appeal court also ruled that there was no sufficient fact to prove that the sexual assaults were within the scope of the Swemsea’s employment.
The outcome at the court of appeal led plaintiff to apply to the supreme court of Oregon for a review and reversal.
The court ruled that the plaintiff’s case is not time barred as contended by the defendants. This is a very important precedent for future BSA cases. The court interpreted the law to rule that the time counts from date of discovery of the casual connection between injuries suffered by the plaintiff and the child sexual abuse.
This outcome is positive not only in this case but in future cases. It may serve as an encouragement for victims who had suppressed the pain for years to finally come out to get justice.
We are currently taking Cases
The court ruled on two important aspects of the BSA sexual abuse cases -vicarious liability and statute of limitations. Although the supreme court of Oregon ruled that the National body of the BSA was not vicariously liable, we can still proceed actions for compensation against them. Although this may have to be under a different cause of action.
But the ruling on a timeframe for a victim to bring a case is positive and we can exploit it for a positive outcome on your case.
Our Boys Scout Sexual Abuse Attorneys have been investigating cases and have an efficient case management system to ensure to recover fair compensation for your injuries. Contact us now to schedule a free consultation or call us to discuss your case.
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