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Judge: Boy Scouts dismissed from sex abuse suit, not sworn testimony

MARIETTA, Ga. — A Cobb County superior court judge has dismissed the Boy Scouts from a sex abuse lawsuit, but not from discovery that will force the organization to explain disturbing details released from internal files.

“We’ll be able to actually finally ask the questions as to the concealment of the child abuse to the people who are actually doing the concealing,” said Natalie Woodward, an attorney for a victim in the Hall County case that’s being tried in Cobb County.

The Monday morning decision is the latest twist in one of a dozen or so similar suits filed across the state, as one state lawmaker moves to expand sex abuse victim protections.

“We felt like we did open the doors, courthouse doors, of justice to survivors of sexual abuse, but we knew at the end of the day is that it stopped short,” said state Rep. Jason Spencer said.

Spencer authored the "Hidden Predator Act"  two years ago. It enabled a window of opportunity for accusers like Woodward’s client, Robb Lawson, to come forward in civil litigation decades later, long after the criminal statute of limitations had expired.

Lawson told Channel 2’s Nicole Carr he was raped by Scout leader Fleming Weaver back in the '80s. It would be years after the newly released document shows Weaver admitted to raping scouts, but was allowed to quietly return to duty.

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Weaver is now in his 80s and has relocated to Florida. He was not dismissed from the Hall County suit, but the Boy Scouts, its Northeast Georgia Council, the First Baptist Church of Gainesville and the estate of a dead Scouts leader were dismissed.

Spencer told Carr the organization's requirement to provide sworn testimony will highlight what he will try to convince lawmakers of for a second time in the 2018 session – those who enabled sexual abuse should be subject to civil action.

“This is going to be a bad PR situation for an institution that knowingly covered up child sexual abuse and did not notify authorities and continued to allow predators to stay within their organization,” Spencer said.

In a statement, the Boy Scouts acknowledged past abuse and its move to correct historical wrongs.

“The Boy Scouts of America is aware of the decision made by the Superior Court of Cobb County. We thank the Court for its time and careful consideration of all viewpoints in this case.

“The BSA is outraged there have been times when Scouts were abused and we sincerely apologize to victims and their families. Nothing is more important than the safety of our youth members.

“In the many years since these alleged actions occurred, we have continued to strengthen our efforts to protect youth. We seek to prevent child abuse through comprehensive policies and procedures to serve as barriers to abuse. These include a thorough screening process for adult leaders and staff, criminal background checks, requiring two or more adult leaders be present with youth at all times during Scouting activities, and the prompt mandatory reporting of any allegation or suspicion of abuse. In recent years, the BSA conducted a thorough review to ensure all circumstances that pre-dated this policy by many years were reported to law enforcement.

"The BSA offers assistance with counseling to any Scout, former Scout, or the family member of any Scout who suffered abuse during their time in Scouting. The BSA has a toll-free help line (855-295-1531) and email contact address (scouthelp@scouting.org) for these sensitive matters."