Arizona court won’t halt sex suits naming Boy Scouts, others

Apr 15, 2022, 1:18 AM | Updated: Apr 17, 2022, 10:44 pm
FILE - Arizona Supreme Court Chief Justice Robert M. Brutinel speaks during oral arguments, in Phoe...

FILE - Arizona Supreme Court Chief Justice Robert M. Brutinel speaks during oral arguments, in Phoenix on April 20, 2021. Arizona victims of long-ago child sex abuse can proceed with lawsuits against groups like the Boy Scouts of America following a recent decision by the state Supreme Court that rejected claims that a 2019 state law extending victims' right to sue was unconstitutional. (AP Photo/Matt York, File)

(AP Photo/Matt York, File)

PHOENIX (AP) — Arizona victims of long-ago child sex abuse can proceed with lawsuits against groups like the Boy Scouts of America after the state Supreme Court rejected claims that a 2019 state law extending victims’ right to sue was unconstitutional.

Arizona is among many states that have reacted to child sex abuse in recent years by allowing victims of even decades-old abuse to sue groups that didn’t protect them from predators. That has led to lawsuits against the Roman Catholic Church, Scouts and others.

The high court without comment last week rejected appeals by Big Brothers Big Sisters of America and its affiliates in central and southern Arizona of lower court rulings that found the 2019 law extending the statute of limitations was constitutional.

The rulings appear to be the first to directly address whether the Arizona law is legal, according to Phoenix attorney Robert Pastor, who represents victims in the two cases the high court considered.

Those lawsuits allege that the group that connects youth called ‘Littles” with adult mentors known as “Bigs” did not properly oversee the Bigs. The cases involved two men who abused boys, one in 1983 and one in the 1970s, court filings show. The men are not defendants.

Child USA, a national group that pushes for so-called “revival” laws that allow old cases to be pursued in court, urged the high court to uphold the trial court rulings. It noted Arizona was among more than 30 states enacting legislation since 2002 allowing such lawsuits, most in recent years.

“A ruling against (the law’s) revival window would have negative ramifications for all the child sexual abuse survivors throughout Arizona who are embracing the window in pursuit of long overdue justice,” the group’s filing said.

The Utah Supreme Court in 2020 threw out its revival law, but other states have upheld them, including the Connecticut Supreme Court in 2015 in a case involving a Roman Catholic priest.

Arizona’s high court considered appeals from decisions by two Maricopa County Superior Court judges who rejected Big Brothers Big Sisters’ arguments that the Legislature violated its due process rights by extending the statute of limitations.

The judges said in rulings issued last year that courts have long held that changing a statute of limitation is within the rights of legislatures.

“The Revival Law does not violate the due process clauses of either Arizona’s Constitution or the United States Constitution,” Judge Randall Warner wrote in his ruling. A second judge made a similar decision.

The lawsuits were put on hold while the group appealed, but now can proceed.

Big Brothers Big Sisters of America spokeswoman Dvon Williams said the group does not comment on litigation. The CEO of the Southern Arizona chapter, Marie Logan, declined to comment on the suits, and calls and emails to the affiliate in Phoenix were not immediately returned.

Arizona’s 2019 law provided a one-time window for victims of long-ago child sex abuse to sue beyond the existing two-year statute of limitations that began once they turned 18. That window closed at the end of 2020. It also created a much longer time for more recent victims to sue after they turn 18, allowing lawsuits to be filed up to age 30.

The lawmaker who pushed the law said he was pleased with the court rulings.

“I never had any concerns that it wasn’t constitutional,” said Republican state Sen. Paul Boyer, whose insistence on the law held up the state budget in 2019. “I would have loved the window to have been open longer and I would have loved to have it higher than age 30, but it was a compromise.”

Pastor, the attorney who represents the two unidentified men suing over abuse by their “Bigs,” said Thursday that he’ll now be able to find out how much Big Brothers Big Sisters knew about child predators who he says used their organization to groom and victimize children.

He said groups like Big Brothers Big Sisters provide vitally needed support for children, but must be vigilant about keeping predators from using them to find victims.

“What we know as litigators advocating for survivors is that perpetrators will seek out volunteer opportunities in these organizations, because perpetrators need access to children,” Pastor said.

In addition to the cases Pastor is pursuing against Big Brothers Big Sisters, lawsuits have been filed in Arizona against the Boy Scouts of America, the Roman Catholic Church, the state Department of Child Safety and schools and universities, he said.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Three children and three adults were killed in a shooting at a private Christian grade school in Na...
Associated Press

Nashville shooter who killed 6 drew maps, surveilled school

Three children were killed in a shooting at a private Christian grade school in Nashville on Monday, hospital officials said.
23 hours ago
(Photo from KIRO 7)...
Associated Press

Police: passenger pulled jet’s emergency slide before LAX to SEA flight

A passenger on a Delta Air Lines flight out of Los Angeles International Airport was detained for triggering the plane’s emergency slide prior to takeoff, authorities said.
23 hours ago
Law enforcement officials work at the scene along Wooding Road on Wednesday, March 22, 2023, east o...
Associated Press

Why murder defendant was free before killings in Washington

Kirkland Warren was out on bail pending a long-delayed murder trial in Arkansas. But when he was arrested in Washington, he posted bond and was released.
23 hours ago
fishery...
Associated Press

Much of drought-plagued West Coast faces salmon fishing ban

The surreal and desperate scramble boosted the survival rate of the hatchery-raised fish, but still it was not enough to reverse the declining stocks in the face of added challenges.
4 days ago
UCLA's Jaime Jaquez Jr. (24) shoots while defended by Gonzaga's Rasir Bolton (45) in the first half...
Associated Press

Gonzaga beats UCLA 79-76 in Sweet 16 on Strawther’s shot

Julian Strawther hit a 3-pointer with 6 seconds left to answer a 3-pointer by UCLA's Amari Bailey, lifting Gonzaga to a wild 79-76 NCAA Tournament win over UCLA Thursday night in the Sweet 16.
4 days ago
transportation...
Associated Press

Officials: Safety device, human error derailed Wash. train

A safety device failed, knocking a train off the tracks last week, spilling diesel after leaving an oil refinery in Anacortes.
4 days ago

Sponsored Articles

Emergency Preparedness...

Prepare for the next disaster at the Emergency Preparedness Conference

Being prepared before the next emergency arrives is key to preserving businesses and organizations of many kinds.
SHIBA volunteer...

Volunteer to help people understand their Medicare options!

If you’re retired or getting ready to retire and looking for new ways to stay active, becoming a SHIBA volunteer could be for you!
safety from crime...

As crime increases, our safety measures must too

It's easy to be accused of fearmongering regarding crime, but Seattle residents might have good reason to be concerned for their safety.
Comcast Ready for Business Fund...
Ilona Lohrey | President and CEO, GSBA

GSBA is closing the disparity gap with Ready for Business Fund

GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
SHIBA WA...

Medicare open enrollment is here and SHIBA can help!

The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Lake Washington Windows...

Choosing Best Windows for Your Home

Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Arizona court won’t halt sex suits naming Boy Scouts, others