A sex-abuse compensation program unveiled by the Boy Scouts of America would pay victims based not only on the severity of abuse they endured but also where it happened, taking into account the states where victims have had the opportunity to sue abusers regardless of when their abuse occurred, WSJ Pro Bankruptcy reported. The proposal outlines a range of possible payments, from $3,500 for sexual abuse that involved no touching, to as much as $2.7 million for sexual penetration by an adult perpetrator and other aggravating circumstances, according to court papers filed Thursday in the U.S. Bankruptcy Court in Wilmington, Del. The longer the abuse went on and the more severe it was, the higher the payments under the Boy Scouts’ settlement plan. Other criteria that will determine payouts includes whether an abuser has been accused by multiple victims, or was named in confidential internal files the Boy Scouts kept on suspected abuse, according to court records. Victims whose claim would have a better chance of succeeding outside of bankruptcy will get more than those on weaker legal ground. The compensation proposal is the culmination of negotiations between the Boy Scouts and representatives for most of the roughly 84,000 men who have filed claims against the youth group over childhood abuse. The settlement program requires the approval of the bankruptcy judge overseeing the Boy Scouts’ chapter 11 case and could undergo changes in coming weeks. The $850 million offer by the Boy Scouts represents the largest settlement of childhood sexual abuse claims in U.S. history, said Ken Rothweiler, a lawyer whose firm represents 16,000 claimants. The Boy Scouts also have proposed signing over their insurance rights and those of hundreds of affiliated local councils for the benefit of victims. The proposal, however, doesn’t have support from insurance carriers that are potentially on the hook for victim claims under policies they sold the Boy Scouts decades ago, when most of the alleged abuse occurred. Insurers have criticized the proposal, saying the youth group “turned over the pen” to victims’ lawyers to set the terms under which abuse claims will be valued and paid.
