San Diego, CA (MMD Newswire) June 12, 2013 -- The Zalkin Law Firm filed a four count civil lawsuit today in California Superior Court on behalf of a military doctor who, as a teenage Boy Scout in Southern California, suffered multiple acts of sexual abuse by a Scoutmaster with known proclivities towards child molestation.
As an active duty member of the United States military, Dr. Drew Belnap, the plaintiff, is able to bring this case at this time despite the limits of the California statute of limitations, because federal law, specifically the Service Members Civil Relief Act, stops the running of any state statute of limitations for the period of time that a person is active duty military. The California State Legislature is currently considering legislation, SB 131, which would provide a similar path to justice for victims of sex abuse.
Dr. Drew Belnap, Major, United States Army, born April 11, 1974, suffered multiple acts of sexual abuse in the summer of 1991 by long time Scoutmaster John Atwood. That abuse and the sexual abuse of at least two other boys by Atwood, resulted in a criminal conviction in 1992 of serial sexual abuse of minors. Today, John Atwood is a registered sex offender.
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Dr. Belnap began his avocation for scouting as a Cub Scout at the age of 6. He joined the Boy Scouts of America when he became admitted to Troop #1871 in La Habra, California at the age of 11. He became an Eagle Scout in 1991. Today, he is a Boy Scout Scoutmaster with a troop connected to his Mormon Church.
He has brought this civil action against the Boy Scouts for the primary purpose of making sure that what happened to him can never happen to other children today. He wants to be certain that this issue remains front and center in the public discourse and that it will compel the Boy Scouts to take seriously necessary policy changes to protect children from sexual abuse by predators attracted to scouting as a means of gaining access to their prey.
"Drew suffered horrendous abuse, all the more tragic because it was so easily preventable," said Irwin Zalkin of The Zalkin Law Firm, the lead attorney for Belnap. "Cases like his, and the lessons we learn from them, are critical to holding accountable the institutions that we trust to care for our children."
Dr. Belnap came to know John Atwood when Dr. Belnap began attending Schoepe Scout Reservation at Lost Valley ("Lost Valley") located in Warner Springs, California in 1989, when he was 15. The camp is operated by the Orange County Council of the Boy Scouts of America. Atwood was a very popular BSA Scout leader at Lost Valley. Dr. Belnap, like many other scouts, was drawn to Atwood, who is now a convicted sex offender from incidents associated with his affiliation with this camp.
Following his abuse, while Atwood spent time in jail, Drew found his life spinning out of control. He suffered many setbacks as a teenager and now is confronted with a myriad of psychological issues that have only manifested as an adult. Fortunately, as a Mormon, he had the opportunity to participate in a church mission. This experience helped to turn his life around. Following his mission, he went back to college, joined the Army and has become an anesthesiologist.
Drew has two daughters and a four year old son. He loves his family, his church and scouting. He hopes that this lawsuit will ensure that what happened to him, will never happen to other boys who love scouting like he did.
Late last year, the Boy Scouts of America released 20,000 pages of documents relating to alleged instances of sexual abuse by more than 1,200 perpetrators within the organization. Known as the Perversion Files, those documents were ordered to be produced by an Oregon judge in separate litigation, tried in 2010, resulting in an $18.5 million punitive damages award against the Boy Scouts of America.
Case Background:
When Dr. Belnap visited Lost Valley Camp, it was an environment rife with the potential for sexual abuse. The availability of alcohol to underage scouts and minors was pervasive. Older scout leaders would assist in purchasing alcohol for younger scouts and would allow them to drink in areas where legally of age scout leaders would drink. Boys and men would shower naked together in open communal showers and spend time drinking and alone together in the ranger's cabin and other sleeping facilities.
Despite a Boy Scout Rule enacted in 1987 that there shall be no one on one alone time between a scout and an adult scout leader, witnesses observed Atwood leave camping and other activities alone with a young scout to spend long stretches in the woods or in a cabin. At least one scout leader was sexually assaulted by Atwood years prior to Atwood's abuse of Dr. Belnap and the other two boys in 1991.
In the summer of 1991, Atwood invited Drew to Lost Valley. He agreed to pick Drew and another scout up and drive them to the reservation. That day, however, the other boy decided not to go and it was just Drew and Atwood. Atwood took a detour and told Drew they were going to go off-roading in Atwood's big 4 x 4 truck. They would camp that night and go up to Lost Valley the next day. After off-roading, Atwood provided a large cooler with wine coolers and beer and got Drew drunk. That night Atwood sexually assaulted Drew.
The next day Drew told a weekend volunteer at Lost Valley who was a member of the BSA Orange County Leadership Council. This person already knew of Atwood's propensities. Neither this Scout leader nor any other BSA official informed the police.
It was not until almost a week later, when Drew told his parents what happened to him, and discovered that Atwood had sexually assaulted another scout, that police were informed by Drew's father. Atwood was charged and convicted.
Documents for the case are located at www.zalkin.com
About The Zalkin Law Firm
With offices in San Diego and New York, The Zalkin Law Firm (www.zalkin.com) is one of the premier sexual abuse and personal injury law firms in the country. The firm's lawyers have represented hundreds of survivors of childhood sexual abuse and achieved groundbreaking results in numerous high-profile clergy abuse cases across the United States.
The Zalkin Law Firm has aggressively represented hundreds of survivors of child sexual abuse, including former Boy Scouts. The firm has negotiated over $200 million in settlements in Catholic clergy sex abuse cases.
Contact: Irwin Zalkin 858-259-3011 office 858-945-2144 mobile Irwin@zalkin.com ###