Two Utah Men File Suit Against LDS Church Alleging Child Sex Abuse At Hawaii Pineapple Camp During The Late 1980s

Here we go again. Another one of those lawsuits filed against the LDS Church by a couple of people who claim they were molested by a church youth leader a gazillion years ago, although the plaintiffs agreed to identify themselves publicly to increase their credibility. Jacob Huggard and Kyle Spray (41 and 42 years old, respectively), who are now residents of Pleasant Grove, Utah, claim that while they were engaged in picking pineapples at a camp on Maui, Hawaii operated by Youth Developmental Enterprises from 1986 through 1989, they were sexually abused by Brian R. Pickett, who is identified as having served as the YDE camp coordinator, the branch president of what came to be known as the Pineapple Branch of the Kahului Hawaii Stake, and later, a member of the Kahului Stake High Council. Media sources for this story include KSTU Channel 13, the Salt Lake Tribune, and the Honolulu Star-Advertiser.

Other defendants named in the suit include the LDS Church Corporation of the President, Corporation of the Presiding Bishop, Youth Developmental Enterprises, Maui Land & Pineapple Company, and John Does 1-10.

-- Read the 21-page suit document HERE.

According to the suit document, Pickett allegedly molested the plaintiffs while they were boys at the Maui Land & Pineapple Company barracks, and abuse of one boy allegedly went on at Pickett’s home. Pickett was the boy’s boss, as well as their spiritual leader, as he served as their Branch President. The suit alleges Picket baptized one 15-year-old boy and then sexually molested him. One of the plaintiffs was allegedly abused multiple times. The plaintiffs' attorneys claim that the LDS Church marketed the pineapple camps as a safe, wholesome and exciting adventure, which became attractive to Mormon boys in Utah and Idaho in the 70s and 80s.

The plaintiffs not only are seeking an unspecified amount of general, special, and punitive damages, but also want the LDS Church to take what they call "concrete steps to prevent future abuse and for the healing of the victims". Specifically, they suggested changing corporate policies that direct members and leaders to contact church officials rather than the police or child services when they suspect alleged child sexual abuse. They also suggested changing policies that state LDS Church leaders should try to avoid testifying in civil or criminal cases involving abuse. They suggested other measures relating to transparency and action in cases of alleged sexual abuse, and they also want a written apology from the Church. Many of these steps have already been taken by the Church.

But they also want to impose a gag order on the LDS Church, compelling it to agree never to challenge the constitutionality or legitimacy of any reform of a civil or criminal statute of limitations, mandatory child abuse clergy reporting exemptions, or repeal of the clergy's penitent privilege or other laws which serve to shield child sex abusers from investigation, apprehension, prosecution, and conviction in Hawaii or similar legislation or law in any other state or jurisdiction. In short, the plaintiffs want the LDS Church to sign away some of their First Amendment rights to resolve this case.

And they also want the LDS Church to go so far as to basically publish its own public sex offender registry; to wit, list the names of all Church leaders and members who have been credibly accused of sexual molestation of a child in Hawaii, regardless of whether or not criminal charges were preferred. Leading the charge is the Rosenberg & McKay law firm, which specializes in personal injury lawsuits; clergy sex abuse is one of their specialties. Craig Vernon, an Idaho attorney, is also representing the plaintiffs.

Some of these demands are utterly outrageous. Read the official statement on child abuse published by the LDS Church a while back to find out what steps the Church has already taken to mitigate this problem.

Why 25 Years After The Fact? This lawsuit was made possible by a Hawaii law passed in 2012 that increases the previous two-year time limit to bring sexual assault civil suits to eight years from the time an alleged victim turns 18, or three years from when an alleged victim realizes his or her injury is due to the sexual offense.

LDS Church Reaction: LDS Church Spokesman Cody Craynor released the following official statement in response to the lawsuit:

"The Church of Jesus Christ of Latter-day Saints has zero tolerance for abuse of any kind and works actively to prevent abuse. This case was filed yesterday, and many details in the legal complaint are unclear. The Church will examine the allegations and respond appropriately."

LDS Church Targeted With Child Sex Abuse Lawsuit In Berkeley County, West Virginia In Relation To The Christopher Michael Jensen Case

The Church of Jesus Christ of Latter-day Saints has been targeted with a lawsuit in relation to child sex abuse in Berkeley County, West Virginia. The primary plaintiffs are 12 children who were reportedly sexually abused by a now-former LDS member, twenty-two-year old Christopher Michael Jensen, who was convicted of related crimes in criminal court. Additional plaintiffs include five Jane Does and five John Does, identified as being parents, guardians, and "next friends" of the children. Representing the plaintiffs are attorneys from the Fitzsimmons Law Firm in Wheeling, WV, Zuckerman Spaeder LLP in Washington DC, and Kosnoff Fasy PLLC in Seattle (Tim Kosnoff was also involved in the Curtis case). The primary media story is the Martinsburg Journal-News, but there is also interesting discussion on the Mormon Discussions forum.

-- Read the 66-page suit document HERE

Named as defendants are the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints; the Corporation of the Presiding Bishop of the church; Don Fishel, who was the bishop of the Hedgesville Ward for the Martinsburg stake of the church between 2007 and 2013 and who also served as a member of the Stake High Council for Martinsburg; Steven Grow, stake president in Martinsburg; Jensen, who was a member and elder of the Hedgesville Ward of the church; Jensen's father, a high priest and member of the Stake High Council for Martinsburg between 2007 and 2010; and Jensen's mother, a member of the Hedgesville Ward and Relief Society president for the church in Martinsburg between 2006 and 2009. The lawsuit seeks unspecified punitive and compensatory damages; attorneys for the plaintiffs maintain that the Church initially tried to cover up the abuse, then reacted too slowly to mitigate it.

Summary of Events: The abuse of the 12 children suing the Church began in 2008. However, there were allegations that Christopher Michael Jensen may have abused additional children as early as 2006. These early allegations were allegedly communicated to Jensen's parents and to local Church leaders; in 2007, the Martinsburg Stake High Council, whose members included Steven Grow, Don Fishel and Jensen's father, held a meeting also attended by Jensen's mother, during which the alleged sexual abuse of two children by Christopher Michael Jensen was allegedly discussed. However, Fishel denied the allegations as hearsay, and so the High Council failed to report the allegations of abuse to authorities as required by law. Local church leaders allegedly continued to portray Jensen as a church member who could provide leadership and counsel to young church members, and even recommended Jensen as a babysitter for church families.

The first of the plaintiffs came forward in early 2008, when a then four-year-old boy told Jensen's mother that Jensen had sexually abused him. Fishel, who was also allegedly already put on notice that Jensen had been accused of sexually abusing children, was told by the mother of another alleged victim that Jensen had abused her younger son. The suit alleges that instead of reporting the abuse to authorities or taking action to warn or protect other children, the Church, through its agents, actively covered up the abuse and assisted Jensen in committing further acts by enabling him to babysit for and live with other church families with young children. The pattern allegedly continued for more than five years until Jensen was indicted in October 2012 in Berkeley County. On February 6th, 2013, Jensen was found guilty of one count of first-degree sexual assault and two counts of sexual abuse, and subsequently sentenced to 35 to 75 years in prison on July 29th. The judge also ordered that Jensen register for life as a convicted sex offender and that he be placed on 50 years of supervised release upon his release from prison. He was found not guilty of one count of first-degree sexual assault involving the youngest boy. On August 18th, the Martinsburg Stake High Council formally excommunicated Jensen.

On a related note, a February 2013 story from the Herald-Mail reveals that sexual abuse and assault charges were also filed against Jensen for allegedly assaulting a 20-year-old woman in a church parking lot in September 2012, and were pending in Berkeley County Magistrate Court at the time. However, in light of the child abuse conviction, prosecutors chose not to pursue the charges, and on March 15th, a Berkeley County magistrate granted the state's motion to discontinue the case.

The suit also alleges that emissaries from Salt Lake City instructed witnesses not to talk with attorneys representing the children suing the church, and that church leaders tried to intimidate the families of the children suing the church by trying to convince them to abandon their claims "lest they run afoul of church teachings regarding forgiveness".

Update October 30th: WHAG Channel 4 picked up the story and published reaction from local LDS leaders:

Church officials released a statement saying that they deny any allegations of a cover up. They felt they were instrumental in reporting the matter to local law enforcement officials, while imposing church discipline on the perpetrator and helping out the victims families.

Prognosis: The LDS Church has a track record of settling these types of suits out of court. The motivation to settle will be strong here, since it appears that local Church leaders were quite reluctant to take action against Jensen initially. While the presumption of innocence is sacred, if state law requires religious leaders to report such allegations to law enforcement, then they must report it. The plaintiffs have also retained some impressive legal muscle to represent them.

The behavior of local Church leaders in this case insufficiently reflect the LDS Church's commitment to resolving child abuse when it occurs and deterring future occurrences. In this statement published a while back, the Church set forth their policy:

Simply put, The Church of Jesus Christ of Latter-day Saints has a zero-tolerance policy when it comes to child abusers. When abuse is suspected, the Church directs its members to first contact the legal authorities and then their local bishop for counseling and support. The Church cooperates fully with law enforcement in investigating incidents of child abuse and bringing perpetrators to justice.

Members of the Church found guilty of child abuse are also subject to the laws of God. President Hinckley has said: "Our hearts reach out to the offender, but we cannot tolerate the sin of which he may be guilty. Where there has been offense, there is a penalty." Convicted child abusers are excommunicated, the highest possible discipline our faith can impose. Excommunicated members cannot take part in Church meetings or hold responsibilities of any kind within the congregation.

Can child abusers who have paid the legal price for their crimes and gone through a rigorous repentance process with local Church leaders become members of the Church again? Yes. As Christians, we believe in forgiveness. But can they ever again, in their lifetime, serve in any capacity that would put them in direct contact with children? Absolutely not. Forgiveness does not remove the consequences of sin. Protection of the family is a first principle of the Church.

Since 1995 the Church has placed a confidential annotation on the membership record of members who previously abused children. These records follow them to any congregation where they move, thereby alerting bishops not to place them in situations with children. As far as we know, The Church of Jesus Christ of Latter-day Saints was the first religious institution to create such a tracking mechanism. We hold the family sacred and protect its children. This explains why the Church is one of the few denominations that imposes formal ecclesiastical discipline on mere members (as opposed to official clergy) for sexually abusive conduct.

Brandon Scott Cordero Released Early From LDS Mission, Pleads Guilty To Three Counts Of Child Sexual Abuse; What About His Bishop's "Power Of Discernment"?

Update April 20th: Brandon Scott Cordero pleaded guilty to three counts of second-degree felony sexual abuse of child, admitting to touching the genitalia of a child on at least three occasions. He will be sentenced on May 28th and faces one to 15 years in prison on each count.

A missionary of the Church of Jesus Christ of Latter-day Saints was released from his mission in Iowa on February 4th, 2013 to answer charges of child sex abuse. The alleged abuse occurred before the individual deployed on his mission in August 2012. This post combines and summarizes stories from a number of media outlets hyperlinked throughout the post.

On February 4th, Brandon Scott Cordero was arrested by police in Kaysville, UT and initially booked into the Davis County Jail on four felony charges for sexually abusing a child. At the time, his bail was set at $15,000. Since that time, the number of charges has been reduced to two, both first-degree felonies, but his bail was increased to $100,000 effective February 8th. The Ogden Standard-Examiner reported that the alleged victim is a 10-year-old girl, although the charging documents merely say the girl was under 14. The abuse is alleged to have occurred numerous times between November 23rd, 2010, and May 31st, 2012, and included attempts by Cordero to put his penis near or in the girl's vagina.

The LDS Church has fully cooperated with authorities in this case. On February 18th, they released the following statement:

The Church of Jesus Christ of Latter-day Saints condemns abuse of any kind. Elder Brandon Scott Cordero was released from his mission and sent home immediately when the charges against him came to light. The alleged abuse took place before his mission and had nothing to do with his calling as a missionary.

Counseling and other Church resources will be available to the victim and family members to help in the healing process. Church leaders will continue to cooperate with authorities in their investigation of this matter.

On February 8th, Cordero waived his right to a preliminary hearing. Although no trial date has yet been set, another hearing in the case is scheduled for March 14th before Judge Thomas L. Kay in Farmington. If Cordero is convicted on both counts, he could be sentenced to a maximum of life in prison as well as lose his Church membership. If he is acquitted, then the LDS Church may offer Cordero the opportunity to resume his mission.

Cordero's family believes the rape charges are inaccurate. Family members said while Cordero has spoken to an LDS bishop about the incident, he did not confess to the rape charges. They say the issue is between Cordero, his bishop and the authorities. "He has demonstrated great faith in all this and that's what's keeping us strong," family members said.

Numerous comments have been appended to the KSL, Fox13, and Tribune stories. One question frequently posed by skeptics and outright anti-Mormons is "what happened to the power of discernment that Cordero's bishop was supposed to have when he interviewed Cordero for his mission?" One person posted a comment on KSL which sheds further light on the interview process:

escc posted 1 day ago:
...You can go on a mission if you've had intercourse.

First: they do NOT ask you in an interview to go on a mission if you've had sex at any time in your past. They only ask if you are currently obeying the law of chastity. So, if you did have sex years ago, repented with a Bishop, and move and have a new Bishop interview you for your mission; he won't even ask about sex.

Second: you CAN go even if your current Bishop handled the sex repentance process. Some have to go through a council, but they can go...

So if Cordero was merely asked if he was currently obeying the law of chastity at the time of the interview, he could have truthfully answered Yes. Or he simply could have lied to the bishop; that's not exactly unheard of.

But there could be another reason why the Holy Spirit did not trip a red flag in the mind of Cordero's bishop; namely, the possibility that Cordero might actually be INNOCENT of child rape. Because sex with a child is considered so repulsive by normal people, it is difficult for us to remember that the judicial presumption of innocence also extends to those accused of child rape. The standard for filing charges is merely showing probable cause, which is a lower standard than that of conviction, which requires proof of guilt beyond reasonable doubt. As to why the victim and her parents decided to press charges, it would be inappropriate to speculate on that at this time. Recommend you read my August 2010 post entitled "Understanding An LDS Bishop's 'Power Of Discernment'; Callings Not Always Extended Merely To Fill Positions" for more insight about the power of discernment.

Former LDS Missionary Matthias Heinrichs Imprisoned For Two Years For "Grooming" Three Underage Girls For Sex In The United Kingdom

A former missionary of the Church of Jesus Christ of Latter-day Saints has been sentenced to two years in prison for activities related to the sexual grooming of three underage girls in the United Kingdom. Judge John Potter pronounced the sentence in Bradford Crown Court on November 8th, 2012 after Matthias Heinrichs, a Dutch national now 23 years of age, pleaded guilty to one count of meeting a child following sexual grooming and two counts of causing or inciting a child to engage in sexual activity. The LDS Church actively cooperated in the investigation. The media story, which is incomplete, was published by The Telegraph & Argus; one fault in the story is that the Argus did not make it clear that Heinrichs is a FORMER missionary.

Although the media story does not detail when the incidents took place, Heinrichs has a blog left over from his mission which shows that he was assigned to the England Leeds Mission from July 2009 through July 2011, so the incidents took place during that time period. The charge of meeting a child following sexual grooming stemmed from an encounter he had with a girl eight years younger than him. Matthias got to know the girl and her family during the course of proselyting in Keighley. After he returned to the Netherlands at the end of his mission, Heinrichs communicated with the girl by text, email and Facebook. He then returned to Keighley and the girl sneaked out to meet him. They drank milkshakes and he preached to her and chastised her, pointing out scripture from the Book of Mormon. After returning again to the Netherlands, Heinrichs incited her to take indecent photos of herself and send them to him. No sexual contact ever took place between the two.

The two charges of inciting a child to engage in sexual activity stemmed from contact Heinrichs made with two girls, aged 12 and 13. At first they thought him good fun, but then found his messages inappropriate and “creepy”. No sexual contact took place in this case either.

In mitigation, Sophie Drake, Heinrichs’ barrister, said he was of previous good character and committed to serving his church, noting that he never touched the girls sexually. Heinrichs' blog, Matthi's Mission, seems to validate that conclusion; a brief scan of the blog indicates Heinrichs was an enthusiastic and dedicated missionary fully committed to sharing the Gospel to the best of his ability. The first three pages of posts I scanned did not reveal any untowards preoccupation with or physical attraction towards any underage girls. Consequently, if Heinrichs retains his penitent attitude and cultivates a strong relationship with the Lord during his imprisonment, his potential for successful rehabilitation seems quite high. Heinrichs' current Church membership status is not disclosed, but since no physical contact between him and his victims took place, I would think the strongest penalty he might have incurred from a disciplinary council would be disfellowshipment rather than outright excommunication. The LDS Church does not customarily publicize the results of disciplinary council hearings.

After the hearing, Detective Constable Sonia Hutchinson of the Child and Public Protection Unit, said “We welcome the custodial sentence given to Heinrichs today and hope it will send a message to others who try to groom young people in this fashion. I would like to praise the victim in this case for her conduct and courage during the court process and the Church of Jesus Christ [of] Latter Day Saints for their co-operation in assisting the investigation.”

Accused Rapist Gregory Nathan Peterson Found Dead In His Cabin In Heber City, Utah; Suicide Suspected

Note: All posts on this case can be displayed simultaneously HERE, with the most recent post appearing first.

The case of Gregory Nathan Peterson, a member of the Church of Jesus Christ of Latter-day Saints charged with 23 felonies involving four victims including seven counts of rape, three counts of object rape, two counts of aggravated kidnapping, nine counts of forcible sexual abuse, forcible sodomy, assault, burglary and sexual battery, has abruptly ended with disturbing finality. On October 23rd, 2012, Peterson was found dead in his cabin in Heber City, Utah. Suicide is suspected. Peterson was also facing one count of forcible sexual abuse involving a fifth victim in Wasatch County. KSL news video embedded below (looks like they changed their embed code, eliminated user-defined size, and shrunk the default size):



Peterson had just posted $2 million bail on October 19th with the help of All Out Bonds. But because Peterson's ankle monitor was not registering properly, a bail bondsman was dispatched to check on him. The bondsman entered the cabin located about eight miles east of Heber City in an area called Timberlake Estates, and found Peterson dead with a gunshot wound to the head. Multiple weapons were found inside the cabin. Peterson's attorney also had been unable to reach him.

Salt Lake County District Attorney Sim Gill said his office and the Wasatch County Attorney's Office filed charges against Peterson because they felt they had strong cases. "This was an important case to us, it was an important case to our victims. We've always felt very comfortable with the basis of our charges and this is just a tragic end in this respect. We believed our victims and we believed in the strength of our case and that's why we filed it. This was an important case to us, it was an important case to our victims. We've always felt very comfortable with the basis of our charges and this is just a tragic end in this respect", explained Gill.

Meanwhile, Peterson's attorneys, Jerry Salcido and Cara Tangaro, said that his family is in mourning and that Peterson always maintained his innocence and was confident that a jury would acquit him. He felt the media reporting was one-sided. Peterson was an enterpreneur, a member of the LDS Church, and a prominent GOP activist and fundraiser, as described in this previous post. His suicide would tend to speak louder than his protestations of innocence. Information on Church doctrine and policy on suicides is available after the jump.

Although 34 Percent Of Boy Scouts Nationwide Are Mormon, Only Two Percent Of Boy Scout Sexual Abuse Cases Are Connected To Mormons

By now, most readers know that the media has released the contents of numerous files documenting sexual abuse within the Boy Scouts. The primary media source is the Los Angeles Times, which obtained two decades of files, submitted as evidence in a court case, as well as case summaries from an additional 3,100 files opened between 1947 and 2005. Both were provided by Seattle attorney Timothy Kosnoff, a serial litigator who has sued the Boy Scouts more than 100 times. The dossiers, which included biographical data, legal records, Scouting correspondence, boys' accounts of alleged abuse and media reports, represent all surviving files kept by the Scouts as of January 2005.

The Los Angeles Times account also includes a searchable database and a location map. In the Search box beneath the lower left hand corner of the LA Times map, you can type in a city or a state, and all the entries for the requested location will be displayed beneath. KTVX Channel 4 identified three people who were LDS members at the time they offended; Eric Hacking from Orem, Leroy Harvey Richins from Provo, and Gerald Burgie of Ogden, and in a separate story, reported that Burgie is currently in a Texas prison serving a sentence for child porn. I also discovered a fourth offender who was a Mormon; Kenneth Rarick, who was in Fairbanks, AK in 1982. In response to a KTVX query, LDS Church spokesman Scott Trotter said, "....the Church has zero tolerance for abuse of any kind and is extremely proactive in its efforts to prevent it and help victims when it does occur."

It is because the Church of Jesus Christ of Latter-day Saints uses Scouting as the primary youth program for boys that attention has been directed toward the Church as well. So LDS blogger Joanna Brooks decided to research the issue to find out if LDS Boy Scout troops had been more or less susceptible to sexual abuse than other troops. And on October 19th, 2012, she published her findings in Religion Dispatches:

Today, a whopping 34 percent of Boy Scout troops nationwide are co-sponsored by the Church of Jesus Christ of Latter-day Saints. But sources who have scrutinized the BSA’s so-called “perversion files” report that fewer than 2 percent of the cases documented therein are connected with Mormons. It is believed that LDS Church may have handled child abuse cases internally rather than reporting them to BSA officials.

Of course, it is also possible that some cases were never reported at all, but merely swept under the rug. Sexual abuse of youth did not receive the public scrutiny 10-20-30 years ago that it gets today. In 1995, the Mormon Alliance published its own findings, which are available through this portal. Nevertheless, Brooks' analysis still shows that LDS Boy Scout troops had disproportionately fewer incidences of sexual abuse than other troops. And while Brooks is a faithful member of the Church, she hardly has a reputation for being a shill or apologist, so her conclusions can be trusted.

LDS Scoutmasters have a greater incentive than most to control their behavior. In addition to facing criminal justice, LDS Scoutmasters who sexually abuse their charges also face Church discipline -- which in this case, most often means excommunication. Then, after they return, their records are annotated for the rest of their lives, so that they are not placed in positions of unsupervised contact with youths.

North Star Offers Hope For Gay Latter-day Saints Who Want To Remain Faithful Mormons

Quite by accident, I discovered this resource from a link to the YouTube video of Elder Dallin H. Oaks' General Conference address. North Star is a resource to help members of the Church of Jesus Christ of latter-day Saints who are dealing with same-sex attraction to gain control over it without compromising their membership or standing in the Church.

Their mission statement:

The mission of North Star is to provide a place of community for Latter-day Saints who experience homosexual attraction, as well as their family, friends, and ecclesiastical leaders. North Star serves those who desire the spiritual and social support that strengthens faith, builds character, and empowers men and women to live in joy and harmony within their covenants, values, and beliefs as members of The Church of Jesus Christ of Latter-day Saints.

As you can see, North Star fully supports the LDS Church's official position on same-sex attraction and holds that the power and grace of Christ enables each individual to renounce behavior and manage thoughts that will prevent him or her from returning into His presence. North Star takes no official position on the origin or mutability of homosexual feelings and attractions, but supports all efforts consistent with the gospel that help individuals live in more full harmony with their covenants and attain greater peace, fulfillment, and sense of individual worth, while affirming that the most essential and eternal growth and progress come through the power of the Savior and adherence to the teachings of His prophets. Thus North Star fulfills the same mission as Evergreen International.

Although North Star has no official connection with the LDS Church, LDS officials have participated in their seminars. On August 25th, 2012, there was a ten-stake training seminar held at the North Ogden Coldwater Stake Building on Same-Gender Attraction (SGA). In attendance were 400 invited Priesthood and auxiliary leaders, including stake presidencies, bishoprics, Relief Society presidencies, and young men and young women’s presidencies. This training evolved out of a proposal presented to the North Ogden Coldwater Stake President by a member of North Star. Conducting the two-hour seminar was Elder Lynn Summerhays, an Area Authority Seventy. Area Authorities are at the first level below General Authorities, but above stake presidents, so this implies some degree of official Church sanction. The purpose of the training was not to discuss how or why SGA develops, but to embrace and communicate the church’s position on relevant issues. Many attendees stated as they departed, that this was the most spiritual meeting they had ever attended.

North Star also offers help in dealing with pornography and sexual addiction recovery, sexual abuse healing, suicide prevention and education, and HIV/AIDS education and prevention. Of possible concern is how the recent law passed in California banning reparative therapy for gays under the age of 18 could affect North Star, but the law does not take effect until January 1st, 2013, and a Christian legal group has since filed a lawsuit challenging the law. Reparative therapy is only one of the strategies employed by North Star.

Accused Kidnapper And Rapist Gregory Nathan Peterson Arraigned In Utah's Third District Court; Bail Remains Set At $750,000

Note: All posts on this case can be displayed simultaneously HERE, with the most recent post appearing first.

Update October 19th: Greg Peterson released on $2 million bail in the Salt Lake case, and his next court hearing is scheduled for November 2nd.

Accused kidnapper and rapist Gregory Nathan Peterson was formally arraigned on July 23rd, 2012 before Judge Ann Boyden at Utah's Third District Court on the 25 different charges against him involving four female victims. The hearing lasted less than 10 minutes as Peterson was advised of the charges against him and his attorneys asked for a hearing to discuss lowering his bail. A bail hearing before Judge Katherine Bernards-Goodman has been set for July 25th.

Deputy Salt Lake County District Attorney Joseph Hill defended the $750,000 bail amount as being in line with a case of this magnitude, and said the alleged victims are being cooperative. He noted that the fact that there are multiple alleged victims makes it a strong case. In contrast, defense attorney Cara Tangaro said the bail request is completely arbitrary and based primarily upon his perceived ability to pay it. She will ask for a reduction in bail on July 25th; earlier on July 20th, she suggested that $100,000 is more typical. Peterson is also being represented by Gerald Salcido. KSL news video below:



Update July 25th: Bail remains set at $750,000. Defense attorney Cara Tangaro said Peterson would voluntarily hand over his passport and would avoid dating websites and LDS singles wards if the judge were to reduce his bail to $25,000 cash, or $200,000 bondable bail, but Salt Lake County prosecutor Joseph Hill countered that Peterson had shown a complete inability to control his urges. Judge Katherine Bernards-Goodman agreed that anyone charged with these types of crimes would have to be considered a flight risk, and refused to lower bail.

Salt Lake County District Attorney Sim Gill said he reviewed a fifth woman’s case involving allegations from August 2009, but declined to prosecute because he could not prove that she didn’t consent to having sex with Peterson. The fifth woman, Gill said, told Peterson she felt uncomfortable, and that was the only thing she said. No other prospective victims have come forward since Peterson's arrest.

One of the victims originally reported the assault to Wasatch County Attorney Scott Sweat, but Sweat, a Republican, declined to prosecute. The victim's persistence in contacting the Unified Police in March is what cracked the case open, and Deb Henry has launched a petition campaign asking the US Attorney for the State of Utah, David B. Barlow, to appoint an out-of-state independent investigator to examine the failure to prosecute Greg Peterson, and any political pressure that was exerted to that end. Access the petition at this link:

http://www.stoptheviolenceutah.com/

Peterson, who was arrested on July 19th, is an enterpreneur, a member of the Church of Jesus Christ of Latter-day Saints, and has been a GOP activist and fundraiser, as described in this previous post. On July 20th, his attorney Cara Tangaro said her client proclaimed that he is 100 percent innocent of the charges, and that nothing illegal happened between him and the four women involved.

Utah GOP Activist Gregory Nathan Peterson Accused Of Kidnapping And Raping Women Met Online, Charged With 23 Felonies

Note: All posts on this case can be displayed simultaneously HERE, with the most recent post appearing first.

Update October 19th: Greg Peterson released on $2 million bail in the Salt Lake case, and his next court hearing is scheduled for November 2nd.

A prominent Utah County GOP activist and fundraiser has been arrested and charged with 23 different felonies associated with the kidnapping and raping of four different women during a 13-month period. Prosecutors say Gregory Nathan Peterson kidnapped and raped women that he met online. He had profiles on at least two online dating sites, LDSSingles.com and LDSLinkup.com, but prosecutors have not disclosed which online services he used. This is a major story with reports published by the Salt Lake Tribune and KSL Channel 5 and KTVX Channel 4 and two stories by the Deseret News (the crime and his political ties). KSL news video embedded below:



The incidents took place on March 26th, July 2nd, and December 11th, all in 2011, and the most recent on April 21st, 2012, each one with a different victim. The July 2nd incident was the most serious. Prosecutors say Peterson arranged to go to a movie and dinner with a woman he met online. He allegedly drove the woman from Sandy to his cabin in Heber City against her will, displaying a handgun and threatening to have the woman deported because of an expired visa if she did not cooperate. Peterson the allegedly held the woman hostage at his cabin overnight and sexually assaulted her. The next day, he took her to his mother's house in Lewiston, Cache County, where she was held hostage for two days and repeatedly assaulted. Then Peterson followed the same woman to her Salt Lake County home and sexually assaulted her again.

Here's the list of charges:

-- Seven counts of rape, a first-degree felony
-- Three counts of object rape, a first degree felony
-- Two counts of aggravated kidnapping, a first-degree felony
-- One count forcible sodomy, a first-degree felony
-- Nine counts of forcible sexual abuse, a second-degree felony
-- One count burglary, a second-degree felony
-- One count assault, a class B misdemeanor
-- One count sexual battery, a class A misdemeanor.

The rape and kidnapping charges are first-degree felonies that carry sentences of up to life in prison. He's currently being held in Salt Lake County Jail in lieu of $750,000 bail.

LDS Member Antonio Rubalcala Lacy Busted For Forcible Sexual Abuse Of Two Roommates While At BYU-Provo

A former student at Brigham Young University-Provo was arrested and has been charged with six felony forcible sexual abuse charges involving two former roommates on campus. Antonio Rubalcala Lacy, 18, was booked on January 25th, 2012, given a summons by Judge James Taylor to appear in 4th District Court in Provo on February 23rd, and has since returned to his home in Monterey, California. Police decided to release Lacy because they believe he would have bonded out anyway. KSTU Channel 13 news video embedded below:

 

Update: Story now picked up by the Provo Daily Herald, the Salt Lake Tribune, and KSL Channel 5.

The alleged abuse happened in a university dorm at the Wymount Housing Complex. The first incident took place in October 2011. It involved touching; but the victim moved out and never reported the incident. The second incident took place in January 2012 after the next roommate moved in, but the second victim did contact the police. Once the first victim found out about the second victim, he apparently contacted police as well, and the two victims are determined to testify in court. In both cases, Lacy is accused of groping his victims three different times, explaining the six different counts. Lacy was kicked out of BYU, but the specific reason was not provided.

Court documents say Lacy confessed to his church bishop allegedly saying he committed the crimes for sexual stimulation. It has not been disclosed whether or not Lacy is still a member of the Church of Jesus Christ of Latter-day Saints, but a confession of this type of crime to a bishop alone could warrant a disciplinary council and action against Lacy's membership. The Church would not need to wait until a formal guilty verdict was rendered.

What's interesting is that Mugshots.com cites the applicable statute as Utah Code 76-5-404.1. This appears to be erroneous, because it describes Forcible Sexual Abuse of a Child. Lacy's roommates weren't children, so the correct statute would be Utah Code 76-5-404, Forcible Sexual Abuse, which sets forth the penalties. The Utah County Sheriff's Office also replicates this same error.

Ex-Mormon Woman Sues LDS Church And Former Missionary For Alleged Sexual Abuse In Ireland

The Irish Times reports that a woman who is a former member of the Church of Jesus Christ of Latter-day Saints is suing the Church and a former missionary for alleged sex abuse. Specifically, the unidentified woman is suing the former missionary for alleged sexual abuse, assault and false imprisonment, and is suing the Church for alleged fraudulent concealment, allowing the missionary to have unsupervised contact with her, exposing her to risk of injury and allegedly allowing her to be exploited. While the former missionary has not been identified by the media, he is known to the plaintiff and has been served with the applicable documentation.

The woman claims the abuse began in March 2007 when the missionary took charge of her religious instruction. She claims the abuse took place at various locations outside Dublin, and that the missionary began with inappropriate touching before progressing to more serious forms of abuse including oral sex. She also claims the missionary forcibly restrained and sexually abused her on one occasion while another church elder acted as sentry and alerted the man that other church members were approaching. When she asked the missionary to stop, he refused, claiming it was O.K. for him because “was worthy and had been chosen by God”, and that it was “manifested through the holy spirit”. The missionary allegedly told her that dreadful things would happen to her if she told anyone what was happening.

When she finally told other local church members about it, they allegedly instructed her not to reveal it to her non-Mormon parents or the gardaí (Irish police). The missionary was transferred to another part of Ireland before returning to the U.S. While the woman eventually joined the Church, she soon left it in 2008. The woman claims her health, well-being and relationships with others have suffered, and she also suffered self-harm, sleep deprivation and an eating disorder as a result of what happened to her.

There's been no published reaction by the LDS Church to this case. In other sexual abuse cases involving the LDS Church, the Church has tended to settle out of court. Since the reported events took place rather recently, in 2007, this case has more credibility than the typical case where the victim suddenly wakes up one day and decides he was molested 40 years ago and now wants to get paid for it. This woman obviously realizes that justice delayed can become justice denied.

It may seem like there is an increase in sexual abuse of minors. But it also could be the result of increased awareness and reporting. Only reported crimes can be documented, and people nowadays are less reluctant to come forward and report than they were in the past. This is a good thing because no one who is molested as a child should feel shame about reporting it. A child or young teen incurs no legal or spiritual obligation to put up a physical fight to resist abuse, regardless of what a couple of other bloggers have suggested.

LDS Bishop Amado Rojas Still To Be Prosecuted In Provo, Utah For Failing To Report Child Abuse Even Though The Abuse Charges Were Dropped

In August 2011, a 13-year-old girl reportedly told her bishop, Amado Rojas, that she was groped at a church function. According to the Provo Daily Herald, the girl and her alleged assailant, Jose Ortega, both attended a Church of Jesus Christ of Latter-day Saints children's party. After a water fight at the party, the girl claimed that Ortega grabbed and groped her. But the girl did not report the incident to Bishop Rojas until six weeks later, and because she was with three of her friends at the time, he told her to talk with her parents and come back another time. He did not report the incident to police because he was still waiting for her to come back when it became a police matter through a separate source.

Nevertheless, by law, Rojas was required to tell police, and he failed to do so.

Now, although Provo prosecutors dropped the charges against Ortega on November 14th because another witness came forward and suggested that the contact was an accident, they still intend to charge Rojas with one misdemeanor count of failure to report child abuse. Provo police Sgt. Matthew Siufanua explained that it's the job of investigators and prosecutors to decide if the claims are valid, and that someone can still go to jail for not reporting abuse even if the abuse claims eventually prove to be false.

It is quite likely that Provo prosecutors will come to their senses in a few days, realize how utterly ludicrous this case is, and drop the charges against Bishop Rojas altogether. If there is no abuse, than how can one logically prosecute someone for not reporting abuse? If prosecutors do not drop the charges, then I hope Bishop Rojas will force a jury trial, and that the jury will be sensible enough to refuse to find him guilty. Jury nullification would clearly be in order here; the Fully Informed Jury Association website provides more information on when it should be used.

Update November 21st: Provo prosecutors filed a single Class B misdemeanor count of failure to report child abuse in Provo Justice Court on November 18th. Rojas’ defense attorney, Mike Esplin, said it wasn’t his client's intent to try and cover up any sexual abuse and there’s no evidence he did that.

Another LDS blogger, Michael Crook, originally reported having checked a list of all LDS wards in Provo and did not find Amado Rojas' name listed, but he has since taken down his blog, and media sources still refer to Rojas as a bishop. The LDS Church won't take action against a member's membership simply because of an arrest, but they can release the member from any calling holding authority over a congregation or over youth.

Most commenters to the KSL story agree that this is ludicrous; Superdad11 seems to understand what's going on:

superdad11 posted November 15th 5:50 P.M:
My ex falsely accused me of child abuse in my divorce after I asked for custody of my kids. My bishop had to report it, so did the teachers, the therapists and everyone else she talked to. As baseless as the allegations were, because of the required reporting laws, I had no contact with my kids for 9 months while an inept and ridiculously expensive investigative process unfolded over the next 4 years.

I have one thing to say to people who report false abuse allegations. STOP! The problem you will create for that person will be just as bad as actual abuse. Remember what happened in Salem a few centuries ago? Abuse allegations are a modern day witch hunt and innocent people are still burned at the stake. If it can happen to a custody seeking Dad, and a well intentioned bishop, it can happen to YOU!

Let's fight real child abuse with every extent of the law. Punish the perps and protect the victims. Report allegations, but please be judicious! The legal and investigative process you are sending that person to is like a human paper shredder. Their [lives], reputation and relationships are going to be completely ripped into unrecognizable pieces that will never be put completely back together, just like the real abuse victims an offender creates.

The Salem witch hunt analogy is on target. Pedophilia hysteria is slowly transforming America into a virtual prison. When sex offenders are released from prison, their troubles are just beginning; they're placed on a sex offender registry, have residency limits imposed upon them, and are frequently barred from internet access. Then we wonder why some of them end up sleeping under bridges and can't get jobs. Now we're sucking innocent, uninformed, but well-intentioned people like Bishop Rojas into the sex offender vortex. Worse yet, many ignorant flag-waving Americans are cheering this on. Pedophilia is a genuinely repulsive act, but we must get back to punishing only the guilty, and we must give them the hope that someday they can earn re-entry into civil society. If we're unwilling to do that, it would be more humane just to leave pedos in prison until we can figure out how to help them consistently curb their urges.

Jack Etter Running For Aldermen Seat, Facing Sex Abuse Charge In Dallas, North Carolina; LDS Member Since 1955

A member of the Church of Jesus Christ of Latter-day Saints is running for elective office -- and facing a felony child sex abuse charge in Dallas, North Carolina. Jack Etter, who served on the Dallas Board of Aldermen from 2008-2010 and is running for a new four-year term, is also accused of sexually touching a four-year-old girl.

The incident allegedly took place at a residence on January 4th, 2011. Sexual touching was involved, but there was no intercourse. The purported victim, a four-year-old girl, reported the incident to her parents, who contacted the Department of Social Services. DSS then reported the incident to police, who arrested him. He was charged on January 21st and originally held on a $1 million secured bond, later reduced to a $25,000 unsecured bond. Etter entered a not guilty plea to the felony charge in Gaston County Superior Court in April. He went ahead and filed his candidacy on July 15th. Yet the district attorney seems reluctant to even schedule a trial; ten months later, no trial has yet been scheduled. They're keeping this guy in limbo.

Etter strongly denies the charge. “There’s no argument,” Etter said. “The only thing I could tell them was that I did not do anything and I am not guilty of anything. I have not done anything … therefore, I’m not hiding.” Etter also says it's not affecting his political campaign so far -- he describes his campaign support as “overwhelming” and said people don’t bring up the issue of his pending felony charge. The election is scheduled for November 8th. The 75-year-old Etter, who's married with four adult children, eight grandchildren and four great-grandchildren, joined the LDS Church in 1955.

I'm thinking this whole thing's a tragic misunderstanding. They not only sharply reduced Etter's bail, but have yet to schedule a trial. This tells me the prosecution may have doubts about the case. What may have happened is that the little girl's mother overreacted to what her daughter said, pushed the panic button, and launched this entire legal process. That doesn't make her a bad person; it's simply a manifestation of pedophilia hysteria. North Carolina prosecutors seem unusually reluctant to let go of a flawed sex case; the notorious Duke lacrosse rape case also took place in North Carolina, and prosecutor Mike Nifong became so obsessed with convicting the accused "rapists" that it cost him his job and his career.

We need to be concerned about this upsurge in pedophilia hysteria; it may be scaring men away from getting involved with kids. Case in point: About 20 years ago, I was at an airport using a water cooler when a little girl came up and asked me if I would lift her up so she could drink. Thinking nothing of it, I did so, and she was appreciative. What would happen if I did it today? Would some paranoid freak have me arrested for improper touching?

LDS Church And Boy Scouts Being Sued By Two Sets Of Brothers Claiming Former Scoutmaster Gary Reese Molested Them During Their Youth

A member of the Church of Jesus Christ of Latter-day Saints is the subject of two different sexual abuse lawsuits filed by two sets of brothers against both the LDS Church and the Boy Scouts of America, in which they claim they were molested by scout leaders during their youth in the 1970s.

Gary Reese, who served as a troop leader, a merit-badge counselor and local Boy Scout committee member in a troop sponsored by the Lakewood Ward in the Tacoma Stake during the 1970s, is not named as a defendant, but is identified in the lawsuit as the perpetrator of the abuse in both cases. In the latest case filed on September 7th, 2011, the brothers, identified only as T.S. and W.S., claim that Reese fondled their genitals during Scout-related functions in the 1970s and performed other lewd and lascivious acts. The alleged acts occurred at Reese’s home, where they attended some Scout meetings, and during troop outings. But the men contend they repressed memories of the alleged abuse until recently, which automatically makes their claims spurious. Reese was never arrested or charged with any crime.

Gary Reese referred questions to his attorney, G. Perrin Walker, who said his client categorically denies the accusations that are made against him. “Mr. Reese has a distinguished service history in community service, in history, in library service,” Walker said. “He’s assisted numerous young men to become Eagle Scouts. He expects to be fully vindicated.” Both the LDS Church and the Boy Scouts also deny any wrongdoing. A spokesman for the Boy Scouts issued a statement saying the organization is aware of no complaints being made about Reese during his time as a troop leader, which apparently ended in the 1970s.

However, there is another suit pending. Two others, identified as R.D. and C.D., filed a federal lawsuit against the LDS Church and the Boy Scouts early in 2010. The men allege that Reese sexually abused them, including fondling and raping them, back during the 1970s, although Reese is not named as a defendant in this case, either. One of the men contends he told the local LDS bishop about the abuse. Like in the new case, both R.D. and C.D. also repressed memory of the sexual molestations and did not realize the connection between their serious mental-health issues and the above-described child sexual assaults until November 2009, when their mother died (and probably left them with NO inheritance). They are represented by Kevin P. Sullivan and Thomas N. Petersen, and their trial is scheduled to begin on January 31st, 2012.

Serial Litigator Kelly Clark Files $5.2 Million Suit Against Boy Scouts On Behalf Of Alleged Sex Abuse Victim; LDS Church Previously Settled With The Victim

Serial litigator Kelly Clark has carved out a comfortable niche for himself targeting the Boy Scouts and various religious organizations with lawsuits relating to childhood sex abuse. The victims suddenly make an issue of the abuse 20-30 years after the fact, and retain Clark's services. Clark discusses his motives and previous cases on his website. The Church of Jesus Christ of Latter-day Saints has been the defendant in a few of these suits, but it does not appear that Clark has a personal axe to grind against the Church.

On February 15th, 2011, Clark struck again. The Portland Oregonian and the Courthouse News Service report that Kelly Clark filed a $5.2 million lawsuit Tuesday against the Boy Scouts of America and the Cascade Pacific Council on behalf of an unidentified Portland man (although identified by CNS by the initials H.M.) who claims he was continually abused during a seven-year period in his childhood. Clark claims the organization had plenty of evidence that the offending troop leader, identified as James F. Hogan, was a serial child molester, but the Boy Scouts did nothing to keep him from harming others. The plaintiff's brother reportedly was also abused, but chose not to file suit. The plaintiff is unwilling to settle out of court because "he wants to get the word out so that others don't have to suffer in secret".

The plaintiff, now in his 30s and a member of the Armed Services, was a member of Cub Scout Den No. 312, which was a part of the Boy Scout program. Clark claims the plaintiff was sexually abused to include fondling, anal sodomy, oral sex and masturbation hundreds of times from 1981 to 1988 by James F. Hogan, who served at various times as a Scout volunteer, assistant Scoutmaster and Scoutmaster.

One reason why Clark maintains the Boy Scouts should have known Hogan was suspect is because in 1974, Boy Scout leaders confronted Hogan over reports he had been kissing and hugging boys he oversaw through a troop sponsored by the Portland Stake of the LDS Church. A file recounted one formerly enthusiastic Scout's reaction to a meeting with Hogan; the Scout immediately dropped out of the troop. The file said Hogan had repeated questionable contact with Scouts, but contains no record that Boy Scouts reported him to police. They did ban Hogan from Scouting, but only for a limited time. In 1981, church leaders asked that Hogan be reinstated because they concluded the earlier accusations against him weren't true. The Boy Scouts relented and restored Hogan as a volunteer. Nine years later, they put him back on their list of banned volunteers after he abused two boys he met at the church and pleaded guilty to sodomy.

In a prepared statement, Deron Smith, a spokesman for the Boy Scouts of America, said that "abuse is – and has always been – unacceptable and the Boy Scouts of America extends its sympathies to the victims." Smith said Tuesday was the first he'd heard about the suit. The Boy Scouts now screen prospective volunteers locally and nationally, prohibit unsupervised one-on-one contact between adults and youth members, and provide abuse recognition training.

The LDS Church earlier settled with the plaintiff out of court; the details of the settlement are sealed. A Portland lawyer for the LDS Church, Steve English, confirmed there had been a settlement. The church, he said, condemns abuse and, where possible, tries to resolve cases to end the victim's suffering.

Analysis: While we are justifiably outraged, we must remember that back in the '80s, awareness of child sexual abuse was much lower than it is now. We were also not aware of the long-lasting psychological consequences. So we must resist the temptation to judge the actions of that time by the standards prevalent today. The LDS Church has since implemented stiffer measures to identify and deal with this problem.

The Church Handbook of Instructions, Volume 1 (not currently available online by request of the Church although I did download my own personal copy of the PDF file when it was briefly online) spells out the prescribed disposition of child sex abusers. Chapter 6.7.3 lists child sex abuse as one of the factors mandating the convening of a disciplinary council. Excommunication is the usual penalty for those guilty of child sexual abuse, although disfellowshipment is possible. However, Chapter 6.10.2 specifies that in the event of a criminal trial, a disciplinary council will not normally be convened until after a final judgment is reached, in concordance with the judicial presumption of innocence.

Chapter 6.12.10 specifies that the approval of the First Presidency is required before a child sex abuser can be restored to full fellowship or membership. In addition, chapter 6.13.4 specifies that the Church records of a child sex abuser will be permanently annotated, so that wherever the person goes, the bishop or branch president will be aware of it and not extend a youth calling to the person or permit them unsupervised contact with children on Church premises or at Church functions.

LDS Legal Counsel Von Keetch Explains The LDS Church's Current Position On Child Abuse And Its Disposition Of Abusers And Victims - Zero Tolerance

Because of some recent high-profile civil lawsuits involving members of the Church of Jesus Christ of Latter-day Saints who sexually abused children and teenagers in the past, most frequently during the 1980s, the LDS Church is sometimes portrayed as sweeping child abuse under the rug. The high-profile Kerry Lewis case is just the most recent example.

Not so, according to Von Keetch. And he should know; he's the chief outside legal counsel for the Church of Jesus Christ of Latter-day Saints. And so he wrote an essay, published in Findlaw, which effectively sets forth the Church's position on child abuse and its disposition of abusers. In Matthew 18:6, Jesus Christ Himself takes extremely strong issue with child abuse, saying "But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea." The Church's policy reflects the Savior's tone; the LDS Church is the only church which will excommunicate ordinary members for verified child abuse. Excommunication, the harshest ecclesiastical punishment possible, terminates a person's membership in the Church. And a return to membership may take many years; perpetrators who truly change their lives can eventually be readmitted to Church membership, but their membership record is permanently marked with an annotation that precludes them from ever again associating with the Church's children or youth.

Other steps the LDS Church has taken to minimize the risk of child abuse:

-- Members are taught to be aware of the issue and to alert law enforcement and Church leaders if they believe a child is in danger. The Church fully supports compliance with child abuse reporting laws and regularly encourages members to report.

-- The Church enforces a "two-deep" policy so that adult males who work with children or youth are never alone with a minor.

-- At considerable expense, the Church is currently installing windows in the classroom doors of thousands of its meetinghouses so that children are never out of sight.

Von Keetch explains when the Church first recognized this issue to be problematic and outlines the progressive steps taken toward mitigation:

Church leaders at the highest level began making such statements and aggressively addressing the issue even before clergy-abuse cases raised public awareness in the mid-1980s. Since 1976, more than 50 articles have appeared in Church publications condemning child abuse or educating members about it. ...Church leaders have given sermons about it more than 30 times at the Church's worldwide conferences. Preventing and responding to child abuse is the subject of a regular lesson taught during Sunday meetings. The Church has produced and distributed extensive training materials for local leaders and members alike. To this day Church leaders continue to speak publicly about abuse and forcefully address it. The Church's official instructions for ecclesiastical leaders sums up the approach: "Abuse cannot be tolerated in any form."

Von Keetch also explains what LDS leaders do when they learn of abuse allegations:

When local clergy learn of alleged abuse, Church policy states that their first priority "is to help those who have been abused and to protect those who may be vulnerable to future abuse." But as anyone with experience in the area knows, dealing with alleged abuse can be very complex. Because its clergy are laymen without professional training or qualifications in social work, in 1995 the LDS Church established a 24-hour Help Line and instructed its ecclesiastical leaders to call it immediately when they learn of abuse. The Help Line is staffed by licensed social workers with professional experience in dealing with abuse. They advise clergy about how best to protect the victim from further abuse, protect others from abuse, deal with the perpetrator, and aid the healing process for victims. Child abuse is a crime with serious legal consequences. The Help Line provides legal counsel to aid clergy in complying with the law and working with law enforcement.

Reporting abuse can raise difficult legal and personal issues. State reporting laws vary greatly. A broad majority of states exempt confidential communications with clergy from reporting duties. Why? Because public policy makers have concluded that confidentiality helps victims and perpetrators alike come forward and get help. A confidential confession to a clergyperson often breaks the cycle of abuse and is the first step in a process that leads to voluntary reporting by the perpetrator, victim, or others.

Abuse victims themselves often demand confidentiality. Many victims who reveal tragic abuse experiences to clergy—some of which may have occurred decades earlier—do not want to be traumatized again by a criminal investigation and public prosecution. In navigating these complex and wrenching situations, Church clergy are instructed to comply with the law. The Church routinely reports child abuse to law enforcement. And even where reporting is not mandatory, the Church usually finds ways to get abuse reported while still respecting the victim's desire for privacy.

Of course, the Church is made up of imperfect people; variances can occur. But the mechanisms and mindsets are in place to ensure that exceptions remain exceptional -- and rare. An official LDS function is one of the safest places for kids nowadays -- we even police the music played at Church youth dances. The Church has even started a preemptive website, CombatingPornography.org, which can help those who become enmeshed in pornography fight their way out of it before they begin experimenting with live victims. Most people who become child sex abusers started out with pornography.

Oregon Jury Awards Kerry Lewis $1.4 Million In Boy Scouts Sex Abuse Case, LDS Church Found 25 Percent Liable

In Portland, Ore., the Boy Scouts of America have been found negligent for the sexual abuse a scout suffered at the hands of a troop leader in the 1980s. The jury awarded $1.4 million in non-economic damages, with punitive damages to be determined in the second phase of the trial. Nine of the 12 jurors agreed on the verdict; being a civil trial, unanimity was not required. Media stories from USA Today, the Portland Oregonian, and KATU Channel 2.

Update April 23rd: The jury, by a 9-3 vote, awarded Kerry Lewis $18.5 million in punitive damages. Fortunately, he doesn't get it all; by Oregon law, 60 percent of it goes to the state's crime victim's compensation fund.

The jury determined that found that the Boy Scouts of America were liable for 60% of the negligence for the abuse suffered in 1983 and 1984 by Kerry Lewis, who is now 38, the Oregonian reports. Timur Dykes (pictured above left), was the perpetrator of the abuse. The Cascade Pacific Council, the Scouts' local body, was deemed 15% responsible, and together they must pay Lewis $1.05 million. Lewis's suit asked for $14 million; if punitive damages are found during the second phase, they could reach as high as $25 million.

Jurors also found the Church of Jesus Christ of Latter-day Saints, which had coordinated Lewis' Scout program in Southeast Portland, responsible for 25% of the abuse but will not have to pay. The church previously settled a lawsuit by Lewis for an undisclosed amount. Lewis was represented by serial litigator Kelly Clark, who has gone out of his way to pursue the LDS Church and the Roman Catholic Church in these types of cases.

The Boy Scouts announced they would appeal, saying in part, "We are gravely disappointed with the verdict. We believe that the allegations made against our youth protection efforts are not valid... We are saddened by what happened to the plaintiff. The actions of the man who committed these crimes do not represent the values and ideals of the Boy Scouts of America." Their full statement is available HERE. But confidential Boy Scout files showed that the organization knew of at least 1,000 suspected child molesters from 1965 to 1985 and tried to keep it quiet, as brought out by a former Scout leader, Larry O'Connor, who flew down from Alaska at his own expense to testify. So the outcome of an appeal would not be promising.

Defrocked Utah LDS Seminary Principal Michael Pratt Fails In His Attempt To Get Trial Delayed By Two Months; Still A "Go" For April 12th

Although an eight-day trial for former Lone Peak High School seminary principal Michael Pratt is set to begin on April 12th, 2010, Pratt and his defense team were back in court on February 16th, attempting to get a two-month delay in the start of the trial. Media stories published by the Provo Daily Herald (the most detailed report), the Deseret News, and KSL Channel 5. You can read all previous posts about this case HERE, with the most recent post appearing first. KSL news video embedded below:

Video Courtesy of KSL.com

Pratt's defense team claimed they need more time to prepare for the trial, primarily because of their busy schedule as public defenders. One of the defense attorneys, Dusty Kawai, said he currently has 200 cases, and Pratt's case takes 40 percent of his time every day. Pratt's attorneys also said they have been unable to interview employees who worked at the seminary, although an arrangement has now been made to talk to them in the presence of an attorney for the Church of Jesus Christ of Latter-day Saints.

However, the girl's stepfather counterclaimed that any further detail would hinder her ability to get on with her life. He said she lost half her junior year to Pratt's manipulations, and she lost her entire senior year of high school as well. He also suggested that Pratt's attorneys have tried to "trivialize" the relationship and that they want the girl to turn 18 before she takes the stand at trial, so that she would appear less like a victim.

Fourth District Court Judge Christine Johnson agreed with the prosecution and refused to grant the delay. After the hearing, Dusty Kawai said he would try to have the trial moved to another jurisdiction, or at least have the size of the jury pool increased to ensure an impartial panel. He believes everyone in Utah County is potentially tainted because of the magnitude and emotion attendant to the case. Comments to the KSL news story indicate that much of the public has already bagged and tagged Pratt in their minds, notwithstanding the presumption of innocence. Pratt has pleaded not guilty to 15 different charges, including one count of rape, eight counts of forcible sodomy and five counts of object rape, all first-degree felonies, and one count of second-degree felony forcible sexual abuse.

One more preliminary hearing is scheduled for March 23rd to argue several other pre-trial motions. Pratt's attorneys are attempting to exclude out-of-court statements made by his wife, as well as a note that was found in his car.

LDS Church Takes Proactive Protective Measures Against Cory Campbell, Accused Of Sexual Abuse Of Underage Girls In Farr West, Utah

In response to the disclosure that LDS youth leader Cory Campbell was arrested on suspicion of sexual abuse in Farr West, Utah, the Church of Jesus Christ of Latter-day Saints immediately took proactive protective measures to minimize any threat Campbell might pose to other youth. Not only has Campbell been relieved of his leadership calling, but LDS Church spokesman Scott Trotter, reiterating that the Church has a zero-tolerance policy for child abuse, said that if Campbell is ultimately found guilty, he will face church disciplinary action, regardless of whether the abuse happened in connection with his position. In this case, disciplinary action would consist of disfellowshipment or, more likely, outright excommunication. [Update at the end of this post.]

"While we are unfamiliar with the facts uncovered by the police, it is our understanding that none of the abuse was related to any church service or activity," Trotter said in a statement. "Local church leaders will continue to cooperate fully with law enforcement authorities and will offer counseling and other resources to help the victims in their healing process."

This story is also covered by the Deseret News, the Ogden Standard-Examiner, KTVX Channel 4, and KSL Channel 5.

Campbell, 37, of Farr West, is accused of inappropriately touching three teenage girls, ages 14 and 15. The alleged abuse, which began in October 2009, happened during a slumber party at his home on the 2500 block of Remuda Drive and did not appear to be related to his position as a Young Men's leader with the LDS Church. The investigation started about two weeks ago when one of the girls reported it to her parents. Police quickly found the other two alleged victims and believe there may be more. Church authorities relieved Campbell of his youth leadership calling after the investigation began. On Tuesday February 9th, Campbell was arrested on two counts of forcible sex abuse and two counts of sexual battery). He posted a $30,000 bond and was released. No court date has yet been set.

Update: On February 13th, the Salt Lake Tribune reported that Campbell has now been accused of sexually abusing a fourth girl, who is in the same age group as the other three.

Discussion of this case has broken out on the LDS Bloggernacle. A blogger on Mormon Mentality claims that the Tribune story represents more bias against the LDS Church, wondering why the religion of the accused was reported. Although the Tribune is somewhat skeptic in its reporting of LDS issues, there is a good reason why Campbell's religion is relevant to the story; the Tribune serves an area which is over two-thirds Mormon.

But the Tribune story also makes the LDS Church look good, because they report on the Church's official reaction, which shows they are on top of the situation. The LDS Church in the past has been accused of not taking allegations of sexual abuse seriously.

Update December 17th: Cory Campbell pleaded guilty to three counts of second-degree felony forcible sexual abuse, each punishable by a one-to-15-year prison terms. Judge Michael Lyon sentenced him to the three terms, but ordered the three terms to run concurrently, which puts a 15-year limit on Campbell’s sentence.