Articles Posted in Sexual Assault

Following a report by Deerfield Academy that it is looking into allegations of Massachusetts sexual abuse involving two of its former longtime faculty members, police say that they too plan to conduct an investigation. The report confirms that Peter Hindle, who taught math at the exclusive boarding school from 1956 to 2000, sexually interacted with at least one student, while English teacher Bryce Lambert, who is now deceased, had sexual contact with two students.

According a letter signed by Deerfield’s board of trustees president Philip Greer and school head Margarita Curtis, the school could have done more to better handle past reports of inappropriate behavior involving the two teachers. Meantime, another man has stepped forward to claim that he too was sexually abused by Hindle, who, while he has not commented on these allegations, has previously admitted to giving backrubs to a number of students.

Sexual Abuse and Schools

A former Andover, MA student is suing Pike School, Groton School, and staff at the two schools for Boston personal injury. The plaintiff, who is now in his 30’s, claims that he had an inappropriate sexual relationship with a female teacher. He believes that staff at the two schools behaved negligently in that they failed to notice and prevent the teacher, Judith Elefante, from acting with him the way she did.

In his Boston sexual abuse case, the alleged victim says that the sexual relationship with Elefante began at Pike School and went on while he attended Groton School (and also, later in college). He claims that Elefante took advantage of his self-confidence and dependency problems and assaulted, raped, and battered him. The plaintiff says that because of the alleged sexual abuse, he stopped going to school and suffered serious permanent emotional and physical injuries.

Sexual Abuse and Emotional Injuries

Following the resignation of Pope Benedict XVI, speculation is focusing on who will take his place. Now, according to CNN, a group representing victims of clergy sex abuse have come up a list of cardinals that it believes would be the worst papal candidates in light of how they handled claims of child sex abuse in the past.

Included on this “Dirty Dozen” list are three US cardinals: Timothy Dolan of NY, Donald Wuerl of DC, and Sean O’Malley of Massachusetts. While some of the 12 cardinals were named because of they way they allegedly covered up sex abuse incidents, others were included because of public comments they made about the clergy abuse debacle.

The group seeking to blacklist these men is called the Survivors’ Network of Those Abused by Priests. SNAP also wants some of the older cardinals to not take part in the meetings that have been scheduled before the new pope is elected because the organization feels that some of these men actively protected priests that were accused of molesting kids.

According to Landmark School, a private school in Massachusetts, another five graduates have come forward claiming that they were molested by to ex-teachers and a former staffer. The alleged Beverly sex abuse incidents took place during the 1970’s and 1980’s.

A report from the school’s board of the trustees notes that the two teachers identified by the former students had already settled previous Massachusetts sex abuse lawsuits involving other victims. This latest news comes just a few months after three other alumni alleged that they had been molested also during the same time period. Among those accused of committing sex abuse is Howard Kasper, a former dean.

Landmark School is attended by kids with learning disabilities involving language. Tuition to attend varies from $46,575 to $62,000 depending on whether one is a day student or a boarding student.

Another plaintiff has stepped forward claiming that he too was sexually abused by the Donald J. Fitzpatrick, the ex-clubhouse manager for the Boston Red Sox. The plaintiff, Gerald Armstrong, is a former Kansas City clubhouse attendant. He is just one of numerous men suing the baseball team for Massachusetts injury damages related to the molestation they allegedly suffered at the hands of Fitzpatrick beginning the late 1960’s through 1991.

According to the Boston Globe, the numerous Boston sex abuse lawsuits are collectively seeking $100M. Fitzpatrick left his job with the team in 1991 after a boy exhibited a sign before a game accusing the clubhouse manager of sexually assaulting him. He passed away in 2005 while serving a suspended sentence for numerous counts of attempted sexual battery against a number of young boys in Florida (Investigators in this case said there were several other alleged victims but criminal charges could not be pursued due to the statute of limitations. However, a number of the victims went on to sue and settle for civil damages.)

Many of Fitzpatrick’s alleged victims claim that he abused them at Fenway Park. Others said that he victimized them in his Randolph condo, his vehicle, or while traveling with the team. For some, the statute of limitations for filing a civil claim has already passed. However, that doesn’t mean that the Red Sox can’t be persuaded to settle.

In Massachusetts, our Boston child sex abuse lawyers represent victims of molestation, rape, and other sexual assault crimes who are seeking damages from their abusers and those that allowed their injuries/trauma to happen. Perpetrators of sex crimes have included priests, other clergy members, teachers, coaches, counselors, family friends, relatives, and others who abused their relationship with the victims. Also, schools, churches, and other organizations and entities have been called to task for civil damages related to the injuries inflicted.

Now, the Los Angeles Times is reporting that after looking at 1,600 confidential files between 1970 to 1991 involving the Boy Scouts of America, it has discovered that Scouting officials often tried to cover up allegations of molestation by its volunteers and employees. These latest findings come from the organization’s same “perversion file,” meant to black list alleged molesters. Last year, however, the LA Times revealed that despite the lists, a number of suspected predators have continued to molest, making their way back into the program by skipping the registration process, falsifying their personal data, or moving to another troop while availing of computer and clerical mistakes and the failure by the Scouts to check to the blacklist.

The Times says that the Scouts would usually just get the suspected abuser to resign. Also, reportedly, in most instances involving Boy Scouts-related child abuse allegations, it was the police that notified the Scouts first. In the majority of cases (at least 400 incidents found) when the authorities didn’t, the Scouts did not notify the authorities at all, and they may have even (in more than 100 cases) actively sought to cover up the abuse. All this even as parents, boys, and staff members have come forward with their allegations over the years.

A Williamstown man has settled his Massachusetts clergy sex abuse lawsuit against former Springfield Roman Catholic bishops Joseph Maguire and Thomas Dupre for $500,000. The plaintiff, Andrew Nicastro, contended that then-Reverend Albert Graves was able to molest him during the early 80’s because the two defendants did not stop him even though they knew he had abused others boys.

The settlement was reached after the Williamstown sex abuse case had gone to trial. Nicastro, who was an ex-altar boy, contends that Graves molested him at St. Patrick’s Parish between 1982 and 1984. He accused both former bishops of not properly supervising Graves.

In the wake of the settlement, Maguire, 92 and now retired, issued a statement apologizing for Nicastro’s suffering and abuse. Dupre, who retired from his position as bishop in 2004 after allegations surfaced that he also had sexually abused altar boys, has not issued a statement.

Clergy Sexual Abuse
While no amount of money can make up for the emotional and psychological harm suffered from being the victim of sexual abuse, there are laws in place that may allow you to hold your abusers or those that looked the other way and/or should have stopped the abuse accountable. With so many victims of Massachusetts clergy sex abuse coming forward in recent years, the Legislature extended the statute of limitations for bringing criminal charges to 27 years (from 15 years). The three year statute of limitations for civil suits involving child sex abuse-three years after the abuse, three years after the victim turned 18, or three years after discovery that psychological or emotional injuries were because of the abuse-has remained the same.

Last week, however, the House passed a bill extending the deadline to file a civil claim for Massachusetts child sex abuse to until the victim reaches the age of 43. While the measure would only impact future claims it would also give plaintiffs that haven’t been able to bring their lawsuits because of the current statute a year to file a retroactive case. Under the bill, however, entities or businesses couldn’t be blamed for the abuse unless gross negligence is proven.

The Protection from Sexual Predators Act of 2011 (PDF)

House bill would extend deadline for filing child sex abuse claims, Boston.com, July 26, 2012

Andrew Nicastro announces $500,000 settlement in civil lawsuit against two retired Springfield bishops, MassLive, July 27, 2012

More Blog Posts:
Massachusetts Child Sex Abuse Allegations Lead to Charges Against Former Newton Teacher and Woburn Little League Coach, Boston Injury Lawyer Blog, February 10, 2012

Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011

$100K Lawrence, Massachusetts Clergy Sex Abuse Lawsuit Awarded to Andover Man, Boston Injury Lawyer Blog, October 29, 2011 Continue reading

The issue of child sexual abuse continues to make headlines in the US. This week, the spotlight is on Massachusetts, where an ex-Newton elementary teacher has been charged with allegedly sexually assaulting a child that he babysat and a Woburn Little League coach is accused of committing sex acts via the Internet with boys he met online.

As our Boston injury lawyer blog has mentioned in the past, Massachusetts child sexual abuse is a serious problem that can lead to devastating physical and emotional injuries for victims. You may be able to pursue compensation from the perpetrator and others that may have been involved-even if they didn’t play a direct role in the abuse or assault but could/should have prevented it.

In these latest incidents, David Ettlinger, the 34-year-old former teacher, pleaded not guilty to multiple charges, including those for counts of aggravated indecent assault and battery on a child under the age of 14, child pornography possession, posing a child in a nude state, posing a child in sexual conduct, and secretly recording someone that was partially nude. Prosecutors say that Ettlinger had images of him “indecently assaulting” the victim stored on his computer.

While he had been registered with Sittercity.com, the Boston Globe could not confirm whether he obtained the babysitting job through the service. If he did, depending on other specifics, the alleged victim’s could sue the company for Massachusetts personal injury for allowing David Ettlinger to offer himself as a sitter through its site. Ettlinger recently pleaded not guilty to other Massachusetts child sex abuse charges that are unrelated to this case.

Meantime, Raymond W. McAllister, 20, has pleaded not guilty to child enticement, posing a child in a nude state, and putting out material that could harm a minor. The Little League coach for a boys’ team of 12- to 14-year-olds allegedly admitted to police that he frequented Web sites that were popular with teen boys. He would then allegedly use Skype to persuade some of them to take part in mutual sex activity via the Internet. (According to a State Police report, in addition to Little League coaching duties in the past McAllister has volunteered at a kid’s Bible camp and also teaches Jujitsu to children and young teens)

The Massachusetts sex abuse allegations come just a couple of days after the entire teaching staff at a California elementary school was replaced because two of its teachers were accused of sexually abusing students. The alleged abuse incidents are said to have taken place in classrooms during school hours. One teacher is accused of “playing games” with both boys and girls, binding and gagging some of them, and getting the girls to swallow spoons filled with his sperm.

Woburn Little League coach held on sex charges, Boston Herald, February 8, 2012
David Ettlinger, former Newton teacher, faces new child porn, indecent assault charges; allegedly attacked girl he babysat, Boston.com, February 8, 2012
California: More Sex Abuse Charges, New York Times, February 7, 2012

More Blog Posts:
New England Conservatory Hired Videographer Who Was Convicted Sex Offender, Boston Injury Lawyer Blog, January 17, 2012
Man Sues City of Waltham for Massachusetts Child Sex Abuse Allegedly Committed by Former Assistant High School Football Coach, Boston Injury Lawyer Blog, December 19, 2011
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer, December 13, 2011 Continue reading

The New England Conservatory has admitted that it failed to abide by its own policy to protect kids when it hired a vendor as a school videographer and didn’t conduct the request background checks. Although in November 10 the acclaimed school started screening all vendors, in addition to volunteers and staff, it didn’t check Peter E. Benjamin, who had been freelancing at the conservatory for at least 10 years.

The background checks are part of Massachusetts’ new requirements for large institutions that primarily work with children. If conservatory officials had done a check on the 68-year-old, they would have discovered that he served five years in prison for sex abuse and rape during the 1990’s and he is a classified Level 2 registered sex offender. Charges against him involved recording himself in sexual acts with three teenage males and behaving in a predatory manner toward boy adolescents.

Last week, the school e-mailed about 6,000 ex- and current students and their families to let them know that it learned last month that Benjamin was a convicted sex offender. They’ve since fired faculty member Benjamin Zander, who has admitted that he knew about the videographer’s past.

Benjamin, however, has said that he didn’t anything improper or inappropriate.

Schools are responsible for making sure that they people they hire don’t pose any threat to kids and faculty. When failure to take the appropriate actions of due diligence results in a child becoming the victim of a violent crime, the school can be held liable for Boston personal injury.

Massachusetts sex abuse can cause serious emotional, physical, and psychological damage to a child that can haunt him/her for life. Many kids are too scared to immediately report abuse incidents. Some may even repress the memory of what happened for years. (Fortunately, the state allows for adults who come forward later to seek damages for molestation or assault that occurred when they were children as long as it is within three years of discovering that the child sex abuse caused the personal injury.)

School says it failed to check into offender, Boston.com, January 15, 2012

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011 Continue reading

Michael Phillips has filed a Massachusetts child sex abuse lawsuit against the city of Waltham. The 20-year-old says that school officials neglect to look into complaints accusing Robert Dacey of child molestation. This alleged negligence allowed the coach and teacher to abuse more kids.

Dacey would later be charged with 17 criminal counts of child molestation. However, he passed away in 2007 before the case against him could go to trial. Dacey was 49.

Phillips says that Dacey abused him and another friend three times by dressing as a woman and then giving them blindfolded massages. In his Waltham wrongful death lawsuit, Phillips, who was in the 8th grade at the time, accuses Dacey of sexually assaulting him.

He contends that a few years before the alleged molestations, students had already come forward to complain to the principal about Dacey and his sexual misconduct, but that school officials didn’t do anything. Former-Waltham High School principal John Graceffa is also a defendant in Phllipp’s Massachusetts sexual assault lawsuit for allegedly failing to act at the time. The city is a defendant because it gets federal funding through its school department and per Title IX regulations, has to prevent sexual discrimination (and sexual assault).

Suing a School for Massachusetts Child Sexual Abuse
Schools are responsible for adequately supervising the kids who are enrolled there. This includes making sure that the students are not exposed to any dangerous situations or persons that could cause them to sustain Waltham personal injury. Failure to warn of a danger or remove it despite knowledge of its existence can be grounds for a civil lawsuit.

Unfortunately, schools are favorite places for sexual predators to hunt for their victims. Add what seems to be a common case of officials looking the other way as teachers, coaches, or others abuse kids and it is the children that suffer.

The the statute of limitations for civil Massachusetts sex abuse cases is three years from when the act happened or three years from when the victim reasonably should have or did discover that the abuse caused injury.

Lawsuit: Waltham High principal failed to prevent sex abuse, Wicked Local, December 19, 2011
Former student sues city of Waltham for failing to protect him from sexual abuse, Boston.com, December 19, 2011
Massachusetts Law About Child Sexual Abuse

More Blog Posts:
Dorchester, Massachusetts Child Sex Abuse?: Teacher’s Assistant Accused of Lewd and Lascivious Behavior Involving Disabled Student, Boston Injury Lawyer Blog, December 13, 2011
$3M Boston Clergy Sex Abuse Judgments Awarded to Two Victims, Boston Injury Lawyer Blog, October 25, 2011
Salem, Massachusetts Sex Abuse Lawsuit Seeks Damages from Revere Van Company for Four Children, Boston Injury Lawyer Blog, September 30, 2011 Continue reading