Monthly Archives: August 2012

The Sometimes Violent Aftermath of Childhood Sexual Abuse: Crimes Committed By Victims

By TIM KOSNOFF

Those who are willing to ponder the consequences of sex abuse crimes committed by adults against children should have been with me during a recent prison visit in Montana. I was there to interview a potential client. I’ve spent a career in the company of both victims and those accused of crimes. I ask the reader to contemplate just briefly what it can be like meeting with a man convicted of two murders. For privacy reasons, I’ll call him “Robert,” not his real name.
Robert, now 57, has been convicted of two murders: one, on the outside, in 1985; the other in prison 10 years later. I met with him at a privatized institution run (and not particularly impressively) by Corrections Corporation of America. The two of us were accompanied by a flabby, detached prison guard who didn’t look capable of defending himself, let alone both of us.

When I asked Robert to identify the prison victim from the 1995 murder, his tattoo-covered arms, lethal weapons, hung limp at his side. His vacant-looking eyes stayed dead-level as he mumbled: “They said he was my ‘boy.’”

Perhaps the reader can imagine the meaning of “boy” in prison parlance.

In any case, Robert was given the death penalty for the second murder. He spent the next decade on death row. When the conviction was overturned he accepted a “for-your-natural-life” plea.

I went to see Robert to investigate sex crimes he said were committed against him when he was a child while in Montana state supervision. He had clear memories of having been raped by workers known as “house parents” while he — and many others — were consigned to “family homes,” a cruel euphemism for “orphanage,” under the circumstances.

Without getting into the specifics of Robert’s childhood circumstances, perhaps we can at least give him the benefit of the doubt. Had he been brought up in a loving, nurturing home where there was no such thing as the threat of violence and sexual assault, can we at least grant the possibility that he wouldn’t have grown up to become a murderer?

Look at it from the perspective of one of my other clients. He’s been convicted of two violent felonies. He told me that his crimes were to seek random vengeance for how he was sexually hurt as a kid. Why did he actually want to live in prison? It was so he could have bars around him to lessen the chance that he’d be violated by another person.

We have other child-sexual-abuse clients who are behind bars for assaults, drug-related offenses, substance abuse, property crimes, etc. Sometimes we see victims who themselves have gone on to become sexual abusers or, like Robert, some other sort of violent felon.

I’ve come to think that you can draw a straight line from criminal-abuse to criminal consequence, from child-sexual abuse to the public defender’s office and back. When you consider the epidemic that is child sex abuse in this country, you begin to appreciate the societal costs of later crimes committed by those who were once victims.

If this weren’t odious enough, consider:

In Spokane, Kosnoff Fasy attorneys waged a six-year legal battle on behalf of young men sexually abused by Rev. Joseph Weitensteiner at the Morning Star Boys ranch. Some clients were behind bars. This priest ran the ranch for 40 years, lording with impunity over those in his “care.” There is incontrovertible evidence that Weitensteiner, a law unto himself at Morningstar, committed countless rapes during the years.

Yet, during a civil trial, a jury actually ruled in favor of the defendant. Why? Because, as a means of minimizing plaintiffs’ credibility, defense attorney’s cited criminal histories and records of incarceration accrued by the victims during the years after they’d been abused.

Such poses a bitter irony. Under the circumstances, appreciation of the irony no doubt will escape Robert and so many other victims-turned-criminals.

If someone you know needs help, you can contact us:

Our attorneys are highly experienced in childhood sexual abuse law and offer free initial consultations to potential clients. We are also willing to assist other attorneys in sexual abuse cases. Please call 206-257-3590, or email us directly. Conversations will be kept confidential, and even if you are unsure about a lawsuit, often we can direct you to the assistance you need. You will be treated with compassion and respect.

Toll free: 855-529-4274
Tim Kosnoff, direct: 425-837-9690
Dan Fasy, direct: 206-462-4338
Kosnoff Fasy, Seattle office: 206-257-3590

What’s Wrong with this Picture?

Jesuit Photo Reveals Eight of 21 Men Identified as Sexual Predators
It’s a fleeting moment captured on black and white film. Some 21 Jesuit missionaries, dressed in long, black ministerial robes, smiling broadly as they faced the camera.

They appear as a band of brothers, posed at Gonzaga University in Spokane. Standing against ornate church doors, the subjects shown in the photo could be contemporary.

Instead the image is a gathering from half a century ago, a 1962 picture. The historic posing might seem respectable were it not for the fact that eight of the men have more recently been identified as sexual predators.

This isn’t to impugn the reputations of the other 13 men. But does anyone really believe authorities by now have found every sexual predator connected with the Catholic Church in Montana?

Moreover, is the public aware that the men posing as emissaries for the church descended upon trusting Native Americans in Montana, leaving behind broken lives from their untold number of crimes? Imagine accepting with goodwill men supposedly on spiritual missions only to be enslaved by criminal sexual depravity.

The photo is from “Jesuits in Montana, 1840-1960,” by Rev. Wilfred Schoenberg S.J. Ironically the book is an attempt to chronicle commendable Jesuit missionary efforts, particularly as attempts to benefit Native Americans. Instead it suggests evidence documenting pedophilia that has extended through decades of abuses.

Earlier this month, our legal team filed an amended civil lawsuit on behalf of eight sex-abuse victims against the Roman Catholic Diocese of Helena bringing the total number of plaintiffs in this case to 200. Ten more alleged perpetrators associated with the Diocese of Helena, Montana, have been identified. Among the 10: Egon Mallman, pictured grinning in the upper right-hand corner of the 1962 photo. The Helena Diocese case now has 26 perpetrators, both named and unnamed. The list of perpetrators continues to grow.

This month, Helena Diocese Bishop George Leo Thomas sent letters to be read by pastors to parishioners urging sex-abuse survivors to come forward. The bishop noted in his letter that the Helena Diocese is working with plaintiffs’ attorneys.

Thomas wrote: “At this point, we are working with the plaintiffs’ attorneys in an attempt to find a negotiated resolution to avoid costly and destructive litigation. A portion of the resolution procedures includes identifying any remaining victims who have yet to come forward.”

“No victim of sexual abuse should suffer alone.”

“If you know anyone who has suffered sexual abuse, please encourage them to come forward.”

This case is about public safety. I believe the latest numbers revealed this month represent a small fraction of total victims. Sexual-abuse victims tend to bury the hurt of their abuse as a coping strategy, making it difficult for them to come forward. I’ve seen first-hand how hard it is for these wounded souls to come forward and speak up. These, of course, are just the clients who have come to us. Common sense tells us there are victims and perpetrators who haven’t yet been identified. There are more out there, I am sure. I know because I’ve met with them first-hand in private meetings, as family members and friends quietly ask if I and my fellow attorneys could help someone else they know who’s been abused.

The Helena Diocese case has moved from the courtroom to mediated talks. Both sides have agreed to meet this November to discuss terms for equitably settling claims.

Getting back to the abusers newly listed in the case:

Mallman served for many years at St. Anne’s Church and Holy Family Mission in Heart Butte and St. Michael’s in Browning, roughly from the mid-1930s to the late 1970s. He has been reported as among the worst of the abusers, violently raping young children.

Another, Joseph Stimatz, was ordained in 1946 and served for many years at Little Flower Parish, the Cut Bank boarding school in Browning, as well as in Bozeman, Butte and Laurin. Stimatz allegedly sexually assaulted both boys and girls, according to witness statements.

A third to have been recently added to the list of alleged perpetrators: Father Louis Taelman, one-time Gonzaga president, also shown in the 50-year-old photo. Others: Joseph Obersinner, Leonard A. Kohlman, Augustus J. Ferretti, Alexander F. McDonald, Joseph A. Balfe and Gordon L. Keys, at the gathering but not pictured.

When we filed the amended lawsuit, I once again called upon the Helena Diocese to put forth all information pertaining to abusers about whom they’ve received complaints. While I’m encouraged at how the case is proceeding, I want to know where accused abusers were assigned and if any continue in active ministry.

The lawsuit includes 200 John Doe and Jane Doe “placeholder slots” for victims expected to come forward. The suit also asks for non-monetary reform and healing measures, such as asking the court to order the diocese to post the names of abusers on the diocese web site for 10 years. Given the decades of the abuse and the age of the shameful 1962 photo, perhaps 50 years would be more fitting.

The ‘Double Moral Failure’ of the Boy Scouts of America

As far as the crimes themselves go, there’s virtually no difference between sexual abuse committed against children by members of one institution versus similar acts committed by leaders of another. Officials who have been privy to such behavior are equally guilty.

There is, however, a significant moral difference among such officials when it comes to a willingness to offer prompt outreach to victims who have come forward or have otherwise been identified.
The Catholic Church, for instance, has offered counseling services to victims. The Boy Scouts of America however, has not been forthcoming in offering counseling services to victims.

The matter comes up now because someone recently asked me whether I’m aware of BSA ever making such outreach efforts.

BSA officials have never offered counseling to my clients, and I have never heard of it being offered to any other scout victims. They always make victims sue.

In my opinion, this is the most despicable aspect of BSA’s behavior: refusing to reach out to those boys it knew had been raped by adult leaders in its program, most ironic for an organization supposedly built on service and helping others.

The saddest thing about it is that child-sexual-abuse therapists, psychologists and researchers say that early intervention with the sexually abused child almost always greatly ameliorates the effects. They say that prompt intervention is closely associated with positive (or at least less negative) long-term outcomes for the child in adulthood. That is, in part, aside from public safety, the reason why mandatory child-abuse reporting laws — and, especially, their vigorous enforcement — are so critical.

BSA officials are, of course, only too aware of the ameliorative possibilities of prompt professional therapy. For years health-care professionals have been emphasizing such benefits. Clearly BSA officials don’t care. Why else would they persistently refuse to insist upon giving victims the treatment that health professionals say is so valuable and vital?

The answer would seem to get down to the core priorities of an organization that has leaders far more interested in minimizing damage to the institution than in helping victims have the chance to begin the healing process. Such a priority amounts to a double moral failure, behavior that also ironically contradicts the doctrine BSA leaders have been touting to young people for the past century, to wit:

“The mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the Scout Oath and Law.”

“Scout law” emphasizes telling the truth, helping others, being gentle, never harming others and obeying the law.

Few would dispute that such a code of conduct represents an exemplary lesson in morality. Untold numbers of youths have found such doctrine ennobling and enriching, and many who have benefited from the Boy Scout experience have gone on to perpetuate the activity as scout leaders.

Many others have been sexual predators and/or enablers. Would that the lessons of the salutary scout code extended beyond “young people” and applied to the elders who have been participants in and witnesses to the sexual abuse of generations of children.

By TIM KOSNOFF

If someone you know needs help, you can contact us:

Our attorneys are highly experienced in childhood sexual abuse law and offer free initial consultations to potential clients. We are also willing to assist other attorneys in sexual abuse cases. Please call 206-257-3590, or email us directly. Conversations will be kept confidential, and even if you are unsure about a lawsuit, often we can direct you to the assistance you need. You will be treated with compassion and respect.

Toll free: 855-529-4274

Tim Kosnoff, direct: 206-453-0580
Dan Fasy, direct: 206-462-4338
Kosnoff Fasy, Seattle office: 206-257-3590

Pedophile Rings Hiding in Plain Sight

It’s been scarcely a month since the findings about Penn State’s transgressions pertaining to convicted pedophile Jerry Sandusky were revealed in their harrowing detail. That the former assistant coach of the Nittany Lions football program was convicted on 45 of 48 counts and likely will never have a life outside of prison may have mollified the majority of observers sickened by the ordeal and, perhaps, ready to move on.
But it might not yet be time to turn the page on Sandusky. Reports have been surfacing that the ex-coach and founder of the dubious youth-oriented charity Second Mile may well have been part of a broad ring of pedophiles. Indeed, if reports are true the ring may have included wealthy and/or well-connected men who are otherwise highly regarded in business, politics and other professions.

Last November journalist Victor Thorn wrote a piece for American Free Press headlined The Far-reaching Implications of the PSU Child-abuse Scandal. The story addressed the likelihood of a Pennsylvania-based pedophile ring.

On July 22 Thorn was back interviewing Greg Bucceroni, a police officer working for Philadelphia schools. Bucceroni, who also volunteers for the Philadelphia district attorney’s office, is quoted by Thorn recalling:
“In 1979 and 1980—when I was 13 and 14 years old—a well-connected pedophile named Edward Savitz took me on trips from Philadelphia to TSM fundraisers. I knew the minute I got there it was a breeding ground because of Savitz’s involvement. While [Jerry] Sandusky interacted with wealthy donors, the other men were sizing-up kids. I felt like a cheap whore because I was in these naked pictures that Savitz was passing around.”
When Thorn asked Bucceroni how certain he is about his recollections, the police officer replied: “I’m sure of it. Savitz talked about taking kids from Philly to TSM and introducing them to men—soliciting them to ‘his friends.’ They exchanged and swapped kids like baseball cards. It was a feeding frenzy. I felt like a prostitute or a go-go dancer at a bachelor party. I felt dirty, used and cheap.”

Savitz had been the subject of a sordid 1992 Time magazine story , part of which reads:
“To the teenage boys who visited his apartment near Philadelphia’s Rittenhouse Square, Ed Savitz was an easy client who paid $15 for oral sex and had a fetish for soiled underwear and socks. Health and law-enforcement officials fear that Savitz was also a walking AIDS time bomb. The 50-year-old actuary, who was arrested and charged with sexual abuse of children last month, has admitted that he has had AIDS for one year.”
Savitz succumbed to AIDS a year after the Time article.

New pedophile-ring information is bound to continue surfacing in the wake of the Sandusky convictions. Alleged victims such as Bucceroni will feel emboldened to reveal their painful recollections. In this way, not only will many victims be able to help ease their own emotional burdens. They’ll also help reveal and bring to justice what could be hundreds, perhaps thousands of pedophiles hiding in plain sight behind their public facades of upright character.

For further reading you can visit the Huffington Post.

If someone you know needs help, you can contact us:

Our attorneys are highly experienced in childhood sexual abuse law and offer free initial consultations to potential clients. We are also willing to assist other attorneys in sexual abuse cases. Please call 206-257-3590, or email us directly. Conversations will be kept confidential, and even if you are unsure about a lawsuit, often we can direct you to the assistance you need. You will be treated with compassion and respect.

Toll free: 855-529-4274
Tim Kosnoff, direct: 206-453-0580
Dan Fasy, direct: 206-462-4338
Kosnoff Fasy, Seattle office: 206-257-3590