PHOENIX — Eight lawsuits filed Monday allege that Boy Scout leaders in Arizona sexually abused children dating back decades and 300 more victims are expected to file additional lawsuits Wednesday, according to Tim Kosnoff, an attorney representing thousands of men across the country.
The lawsuits signal what is expected to be a flood of new allegations before the end of 2020 for childhood sex abuse victims who now are 30 years of age or older.
Arizona joined other states in extending the rights of such victims to sue their alleged assailants beyond previous statutes of limitations.
Arizona lawmakers gave abuse victims until their 30th birthday to sue which is a decade longer than before.
They also opened a one-time window for victims who’ve missed the cutoff, who now have until the end of 2020 to file suit.
“It was a shame. This happened in the 80s and back then you didn’t talk about it,” said Donald Calmess.
In 1985, Calmess was in his early teens when he says he was sexually abused by his then Scout Leader, Henry Falk in Mesa, Arizona, who is now deceased.
According to the lawsuit, the alleged abuse happened on Boy Scouts of America (BSA) camping trips. Calmess accused Falk of taking photographs of him naked and sexually abusing him.
“There is no question that there was a systemic problem in Boy Scouts. You cannot blame this on a few bad apples. There are just simply too many victims and too many tragic stories,” said attorney Michael Pfau.
Michael Pfau is a Seattle-based attorney representing Calmess and others who filed the eight lawsuits against local Boy Scout councils in Arizona. Four were filed in Maricopa County, three in Pima County and one in Mohave County. He plans to file an additional four lawsuits next week. He represents more than 1000 men across the country with sexual abuse claims against the Boy Scouts of America.
"Tragically for my client (Donald Calmess) the abuser Falk was caught abusing children in Stockton, California in the early eighties by the Boy Scouts and criminally charged. He then shows up in Arizona and registers as a Scout volunteer and begins molesting kids again," said Pfau.
According to the lawsuit, in 1982 Falk was arrested and charged with five counts of molesting a child in California. The suit cites a June 8, 1983, USA Today article "Across the USA," showing a then 43-year-old Henry Falk who was named Scout Master of the Year was sentenced to three years of probation after pleading no contest to lewd conduct and child molestation. The lawsuit also showing internal scout records showing Falk was suspended in 1983 for "suspected child molestation."
However, the records included in the suit show, Falk moved to Arizona where he continued as a scout leader until the Theodore Roosevelt Council suspended his registration on June 7th, 1988.
"You see problems at the Boy Scouts National level, problems at the local council level and problems with the local sponsoring organization. Sadly for Donald, his case demonstrates systemic abuse and knowledge of the problem at every level," Pfau said.
The Boy Scouts of America filed for bankruptcy last February, which allowed the century-old group to re-organize its finances in order to pay potential settlements. Since then, close to 90,000 sexual abuse claims have been filed nationwide, according to reports from the Associated Press.
Attorney Tim Kosnoff’s group Abuse in Scouting represents 17,000 men who have filed suits against the Scouts for alleged abuse dating back decades.
“Tomorrow (Wednesday, December 23, 2020) we will be filing approximately 300 claims against councils in Arizona. Those will probably be four separate lawsuits containing approximately 75 victims in each lawsuit,” Kosnoff said.
Kosnoff said for the tens of thousands coming forward with sexual abuse claims, there are many that remain in the dark.
"It's an ocean of pain," Kosnoff said.
Kosnoff said cases are now being filed in Arizona because of the extension and 2020 deadline.
Andy Price, Scout Executive and CEO for the Grand Canyon Council provided 12 News with the following statement regarding the pending lawsuits.
"First and foremost, we care deeply about all victims of child abuse and sincerely apologize to anyone who was harmed during their time in Scouting. We are outraged that there have been times when individuals took advantage of our program to abuse innocent children. We believe victims, we support them, we pay for counseling by a provider of their choice and we encourage them to come forward. It is the Boy Scouts of America (BSA) policy that all incidents of suspected abuse are reported to law enforcement.
The Boy Scouts of America is committed to fulfilling our social and moral responsibility to equitably compensate victims who suffered abuse during their time in Scouting, while also ensuring that we carry out our mission to serve youth, families and local communities for years to come. In order to meet these dual objectives, the national organization has filed for Chapter 11 bankruptcy. Our plan is to use this Chapter 11 process to create a Trust that would provide equitable compensation to victims. Scouting will continue throughout this process and for many years to come.
The BSA also has a multi-layered process of safeguards informed by experts, including the following, all of which act as barriers to abuse: a leadership policy that requires at least two youth-protection trained adults be present with youth at all times and bans one-on-one situations where adults would have any interactions alone with children – either in person, online, or via text; a thorough screening process for adult leaders and staff including criminal background checks, and the prompt mandatory reporting of any allegation or suspicion of abuse. It is also BSA policy to remove individuals based on only allegations of inappropriate behavior. The BSA offers a 24/7 Scouts First Helpline (1-844-SCOUTS1) and email contact address (scouts1st@scouting.org) for help reporting suspected abuse or inappropriate behavior and to request funding for in-person counseling.
In addition, the BSA has partnered with 1in6, a trusted national resource for male survivors, to meaningfully expand its online services so that more men who suffered abuse while in Scouting can access vital, anonymous support from trained advocates when and how they need it. Victims can access these services at www.1in6.org/BSA.
For more information about the BSA’s youth protection policies, our commitment to supporting victims, and our efforts to be part of the broader solution to child abuse, please visit: www.scouting.org/youth-safety."
Calmess credits his wife with giving him the strength to come forward and share his story.
"I feel like they (BSA) didn't protect us. It's time now to deal with the neglect. I don’t want any other kids to have to go through that.”
This is a developing story.
FROM 2019:
Read the full court documents below:
