A man claiming he was sexually abused as a child by his scoutmaster wants to continue with a lawsuit against the Boy Scouts of America, but the attorney for the Boy Scouts says he’s too late to file that suit.
The organization’s attorney, Gerard Noce, said that the Missouri Supreme Court should follow the previous law.
“We have the 1990 statute and then the amended statute in 2004, where they did change the statute of limitations period from five years past 18 to ten years past 21,” said Noce. “In our position, the plaintiff was barred in 2003 when he turned 23.”
Noce also said the organization isn’t liable for the accusations against Boy Scout leader Scott Alan Bradford.
“This is not a repressed recollection case,” said Noce. “The plaintiff has admitted in the petition and in his deposition that he always remembered the incidents of abuse.”
The attorney for the alleged victim, Randall Rhodes, said the suit against the Boy Scouts of America was filed in time.
“It’s our position that the applicable statute of limitations is the 2004 version of the Childhood Sexual Abuse statute,” said Rhodes. “Under the clear wording of the statute, this case was timely filed. It was filed before the plaintiff turned 31.”
Rhodes said the lawsuit should proceed.
“This is not your typical statute of limitations. This is a unique statute,” said Rhodes. “It’s not designed to shorten to time in which claims can be filed. Rather, it’s intended to lengthen the time.”
The court could rule at any time.