Boy Scouts Must Pay Damages in Molestation Case

A San Diego jury late Tuesday found the county and national councils of the Boy Scouts of America negligent and awarded $400,000 in damages to a Cub Scout who was molested on an outing.

Following a six-week trial, the San Diego Superior Court jury issued its verdict on behalf of an 8-year-old El Cajon boy who was molested by his Cub Scout Scoutmaster, who is now in prison.

The jury determined that Jerry Frazier, 21, who is serving a 19-year state prison term, is 90% negligent for his role in the psychological injuries to the boy. Frazier, who had an earlier judgment entered against him, is insolvent.

The jury found that the San Diego County Council for Boy Scouts of America was 5% negligent, and the Boy Scouts of America National Council was 3% negligent. The First United Methodist Church in El Cajon, where the troop originated, was found to be 1% negligent and the verdict forms listed “other persons” as 1% negligent.

Attorneys for both sides refused to talk to the press during the case and could not be reached for comment afterward as to how much each group would have to pay.

The jury also found that both local and national chapters of the Boy Scouts did not act with malice or conscious disregard toward the situation, which prohibits punitive damages from being awarded.

Attorneys for the boy’s parents argued that the Boy Scout organization did not properly screen applicants when they selected Scoutmasters.

Attorney Daniel White, who represented the Boy Scouts, argued that child molestation by a Scoutmaster is not something that can be predicted.

The Boy Scout organization is “reflective of our society,” said White, adding that “the ills of our society will also affect us.”

Frazier, from El Cajon, pleaded guilty in 1990 to molesting the boy after tying him up with an electrical cord.