Kelly Clark: Mormon Sex Abuse Attorney, Portland, Oregon

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Seattle Post Intelligencer

Seattle Weekly

It’s been a while since a truly ugly scandal involving the Boy Scouts of America figured prominently in the headlines. Fortune smiles upon the local court watcher then with the news that the latest could play out right here in Seattle.

In 1978, Dustin Hall was a scoutmaster charged by leaders in the Mormon Church’s Shelton, Washington ward to help lead a local boy scout troop. Thirty years later, he stands accused of sexually abusing one his former charges on multiple occasions, that according to a negligence suit filed in King County Superior Court yesterday against the Boy Scouts of America and the Church of Jesus Christ of the Latter-Day Saints.

The suit, one of three similar cases filed in states along the west coast Monday by plaintiffs represented by Portland attorney Kelly Clark, says that in early 2009, the as of yet unnamed plaintiff realized that his ongoing psychological trauma was due to "injuries" sustained during his experience in boy scouts back in the late ’70′s.

He alleges that from1978-1979, Hall abused him 30 separate times. The abuse was preceded by outward attempts to gain the then 13-year-old’s trust and deference, as well as his parents. It’s a creepy process referred to in the documents as "grooming."

The plaintiff also alleges that both defendants are complicit in a campaign to cover up the "rampant problem of sexual abuse of scouts by scout leaders." It’s unclear from the documents whether Hall was ever charged with the alleged crime, or if he had prior convictions for molestation. But the plaintiff through Clark, claims that both the Boy Scouts and the Mormon Church should have been aware of Hall’s alleged preference for underage children.

For his part, Clark seems to specialize in these kinds of cases. He’s filed 11 Oregon-based lawsuits against the Boy Scouts in the last few years, all of which are still pending.

A email sent to the Boy Scouts of America press office was not returned immediately. But Chuck Gordon, a lawyer for the Mormon Church told the Associate Press that the church would investigate the allegations and "act accordingly." More as it develops.

Mormons, Boy Scouts sued for sex abuse in Washington

Seattle Post Intelligencer

THE ASSOCIATED PRESS

SEATTLE — A man has sued the Mormon church and the Boy Scouts, claiming he and many other boys were abused by a church-sponsored assistant scoutmaster in the late 1970s.

The lawsuit was filed in King County Superior Court in Seattle – one of a handful filed up and down the West Coast on Monday by Portland, Ore., attorney Kelly Clark. The man, who remains unidentified, claims that he was abused more than 30 times in 1978-79 by Dustin Hall, who was picked for the assistant scoutmaster job by the church’s Shelton Ward near Olympia.

The plaintiff, who was 13 at the time, says the abuse haunts him still – as does his failure to protect others, some of whom were even younger.

Chuck Gordon, a Seattle-based lawyer for the church, said Monday the church would investigate the complaint and "act accordingly."

It was not immediately clear how to contact Hall, whether he still lives in the area or whether he has an attorney.

Bill to Raise Age of Sex Abuse Victims Moves Through Legislature

Salem-News.com

Tim King
June 25th, 2009

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

(SALEM, Ore.) – A bill that would raise the age of sex abuse victims in Oregon from 24 to 40 will likely become law. The future of House Bill 2827 appeared bleak when we wrote about it May 28th 2009. (see: Will Oregon Stand for Sex Abuse Victims? – Tim King Salem-News.com

Many of the cases originate from churches in Oregon and experts like Portland Attorney Kelly Clark, say it often takes several decades for a person to comprehend the magnitude of their experience and come forward.

Bill Crane from the group SNAP, (Survivors Network of people Abused by Priests) says it is a good day in Oregon and while cautious, he agrees that it is good news on a day that could use it.

Molly Woon with the Oregon State Legislature says H.B. 2827 passed through the Senate Floor today, after moving through the Oregon House unanimously.

Woon says there was an amendment and the bill has to now go back to the House for concurrence. The change, "removed definition of causable connections between injury and child abuse," according to Woon.

She says it amounts to a technical fix.

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

Study: Most Child Abuse Goes Unreported

TIME.com
By Tiffany Sharples
Tuesday, Dec. 02, 2008

Children in highly developed countries suffer abuse and neglect much more often than is reported by official child-protective agencies, according to the findings of the first in a comprehensive series of reports on child maltreatment, published Dec. 2 in the British medical journal The Lancet.

Based on a review of research conducted on child abuse between 2000 and June of this year, researchers estimate that 4% to 16% of children are physically abused each year in high-income nations, including the United States, United Kingdom, Australia and Canada. As many as 15% are neglected, and up to 10% of girls and 5% of boys suffer severe sexual abuse; many more are victims of other sexual injury. Yet researchers say that as few as 1 in 10 of those instances of abuse are actually confirmed by social-service agencies — and that measuring the exact scope of the problem is nearly impossible. (See the Year in Health, from A to Z.)

The issue lies in the delicate nature of the crimes — and the consequences of intervention. Many cases of abuse are rife with potential for long-term harm of the child, whether or not the assault is reported. The decision to report is rarely clear-cut, says Theresa Costello, director of the National Resource Center for Child Protective Services, who was not involved with the new research. "Professionals want to advocate for their clients, but they also know the reality of the public child-welfare system," she says. "There is a natural professional dilemma when you see a kid and you think, ‘I should make a report,’ but you’re not sure you want to subject that child to the system."

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2 more ex-Scouts say leader molested them

Lawsuit – The men are seeking $8.5 million from the Boy Scouts and Mormon church

Thursday, June 26, 2008

PETER ZUCKERMAN
The Oregonian Staff

Two Portland-area men filed an $8.5 million lawsuit Wednesday against the Mormon church and the Boy Scouts, bringing to eight the number of former Scouts alleging sexual abuse by former troop and church leader Timur Van Dykes.

The eight men are seeking a total of more than $33 million in damages.

The lawsuits, filed in Multnomah County Circuit Court, contend the abuse began in the early 1980s, ended in the early ’90s and involved Boy Scout Troops 478 and 719, both of which were sponsored by The Church of Jesus Christ of Latter-day Saints. The Boy Scouts has been part of the Mormon church’s official men’s program since 1913.

Six of the alleged victims agreed earlier this month to enter talks to settle their lawsuits but failed to reach a resolution.

Dykes, a registered sex offender, lives in Southwest Portland. He has been convicted of at least 26 sex crimes since 1983.

The state sex offender registry lists him as a predator who targets infant males and boys ages 7 to 15, warning that he "has used intimidation and threats to maintain victim compliance."

He is one of about 50 Oregon leaders expelled by the Boy Scouts for sex abuse between 1970 and 1990 and more than 5,100 leaders expelled nationally since 1946, according to confidential Boy Scouts files and summaries obtained by The Oregonian.

Under Oregon’s flexible statute of limitations, victims of sexual abuse can bring cases once they’ve discovered how the abuse affected them, sometimes decades after the actual crimes.

In Oregon, the Boy Scouts faces at least four more pending civil cases involving allegations of child sex abuse.

The first criminal sex-abuse charges against Dykes came in 1983, when two boys told Portland police that the Scout leader molested them. Dykes pleaded guilty to attempted second-degree sexual abuse and was sentenced to probation.

The lawsuits contend that the Mormon church discovered in the early 1980s that Dykes had molested a Scout but failed to thoroughly investigate and question Dykes, failed to report abuse to law enforcement, failed to provide mental health services to victims and failed to remove Dykes from contact with children.

"We believe that the Mormon church and the Boy Scouts allowed Timur Dykes to stay in contact with children for years after his first arrest and conviction for child sex abuse," said plaintiff attorney Kelly Clark.

But Steve English, attorney for the Mormon church, said the two new alleged victims were never members of the church and that Dykes had been expelled from the church nearly a decade before the alleged abuse in the late 1980s.

The Boy Scouts Cascade Pacific Council declined to comment on the case.

Dykes has been a source of legal troubles for the Boy Scouts before. Three lawsuits alleging abuse filed in 1987 resulted in undisclosed settlements. The mother of one of Dykes’ earliest alleged victims told The Oregonian in 1995 that abuse of her son contributed to his suicide.

Peter Zuckerman: 503-294-5919; peterzuckerman@ news.oregonian.com

Two Portland men join sex-abuse lawsuit against Boy Scouts, Mormon church

Posted by Peter Zuckerman, The Oregonian
June 25, 2008 15:00PM

Two Portland men filed an $8.5 million lawsuit today against the Mormon church and the Boy Scouts, bringing to eight the total number of former Boy Scouts alleging sexual abuse by Timur Van Dykes, who was a church and scout leader in the 1980s and early 90s.

The lawsuit contends that Timur Van Dykes molested Boy Scouts in Troop 719, which was supervised by the Church of Jesus Christ of Latter-day Saints. Dykes, a registered sex offender who now lives in Southwest Portland, has been convicted of at least 26 sex crimes since 1983.

Together, the pending abuse cases filed in Multnomah County Court against the scouts and the church seek $33.5 million.

Six of the alleged victims agreed earlier this month to enter talks to settle their lawsuits but failed to reach a resolution.

At least a dozen Oregon child-abuse cases are pending against the Boy Scouts.

– Peter Zuckerman; peterzuckerman@news.oregonian.com

Two Men to File Suit Against LDS Church & Boy Scouts of America

Local News 8
Pocatello Falls, ID

Two more men are set to file suit against the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America.  They’re filing suit for abuse they suffered between 1989 and 1992 at the hands of Timur Dykes.

Dykes is a convicted pedophile from Oregon.  According to the Multnomah County Department of Community Justice Parole & Probation, Dykes has been convicted of Sodomy II, Sodomy III and Sex Abuse I.  The department says he used his positions in his church and as a scout leader to prey on vulnerable boys and families.

According to Portland, Oregon attorney Kelly Clark, two brothers filed suit against the LDS church and the BSA in February 2007.  Four more men filed in October 2007.  All six men claimed the church and the scouts knew how dangerous Dykes was.

The lawsuit will be filed Wednesday in the Circuit Court for the State of Oregon in Multnomah County.

Talks aim to settle sex abuse lawsuit

$25 million – Six men have filed against the Boy Scouts and the Mormon church

Wednesday, June 11, 2008

PETER ZUCKERMAN

The Oregonian Staff

Six Portland men agreed to enter talks this week to settle their $25 million lawsuit against the Mormon church and the Boy Scouts of America over alleged sexual abuse.

The lawsuit in the U.S. District Court in Portland contends that in the 1980s and 1990s Timur Van Dykes molested Boy Scouts in Troop 719, which the Church of Jesus Christ of Latter-day Saints supervised. Since 1983, Dykes, 51, has been convicted of at least 26 sex crimes.

"The amazing thing about this case is the extent to which these institutions continued to allow him access to kids, even after he had acknowledged sexually abusing boys and, indeed, after he had been convicted for doing so," said Portland attorney Kelly Clark, who represents the plaintiffs.

Attorney Steve English, who represents the Mormon Church, said that perspective is inaccurate.

"The church worked cooperatively with the Portland police, who learned of this abuse before the church did, and the church suspended Mr. Dykes’ privileges as a church member within two weeks of learning of this abuse," English said.

The Cascade Pacific Council of the Boy Scouts of America in Portland did not return phone calls.

Dykes, who lives in Southwest Portland, is one of about 50 Oregon leaders expelled by the Boy Scouts for sex abuse between 1970 and 1990, according to confidential Boy Scout files obtained by The Oregonian. The number of Boy Scout leaders ejected in Oregon eclipses the number of abusive priests identified statewide in the recent Catholic Church sex-abuse scandal.

Under Oregon’s flexible statute of limitations, victims of sexual abuse can bring cases once they’ve discovered how the abuse affected them, sometimes decades after the actual crimes.

Dykes has been a source of legal troubles for the Boy Scouts before. Three lawsuits alleging abuse filed in 1987 resulted in undisclosed settlements. The mother of one of Dykes’ earliest alleged victims told The Oregonian in 1995 that abuse of her son contributed to his suicide.

Peter Zuckerman: 503-294-5919; peterzuckerman@ news.oregonian.com

Settlement talks set in Boy Scout sex-abuse cases

Posted by The Associated Press June 10, 2008 14:23PM
Oregonlive.com

Settlement hearings are planned this week for a $25 million lawsuit that claims the Mormon Church and the Boy Scouts failed to protect six boys from a man who was eventually convicted of sex abuse.

U.S. District Judge Michael Hogan and retired Lane County Circuit Judge Lyle Velure plan hearings Wednesday through Friday. They presided over the settlement of a similar lawsuit against the Roman Catholic Archdiocese of Portland last year.

The hearings this week are on a suit that alleges abuse in the 1980s and early ’90s by Timur Van Dykes, a former Sunday school teacher who was also a Scout leader.

Dykes, 52, has been convicted of at least 26 sex crimes since 1983. He is one of about 50 Oregon leaders expelled by the Boy Scouts for sex abuse between 1970 and 1990 and more than 5,100 leaders expelled nationally since 1946.

Lawyer in sex abuse suit deems case typical


VALE  – The attorney for the Portland man suing the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America said his client is typical of many who come forward later in life with sexual abuse lawsuits aimed at individuals employed or formerly employed by high-profile entities.

Portland attorney Kelly Clark, a child sex abuse attorney and former Oregon state legislator, filed a lawsuit in Malheur County Circuit Court Feb. 21 on behalf of a Portland-area man seeking nearly $5 million in general damages from the Church of Jesus Christ of Latter-day Saints and the Boy Scouts of America.

The man, referred to in court documents only as Tom Doe, asserts he experienced abuse from an LDS youth leader and Boy Scout troop master named Larren Arnold, as a youth in Nampa.

Clark, an attorney with the Portland law firm O’Donnell, Clark and Crew LLP, said based on his experience working with sex abuse victim claims, he absolutely believes Doe’s allegations are true and the lawsuit warranted.

“Because I’ve done a number of these cases over the years, I have a system of evaluating both the client and the case, and this met all the criteria,” Clark said, adding when a potential client comes to him with a case, the first thing he does is establish its plausibility based on the background he is provided.

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