Part 2... or 3... whatever - The Committee Meeting

[MattR 2659]

@Cburkhardt, I'm trying to understand your overall comments. I see the need for some form of exoneration if there has been a formal accusation of abuse. I'm assuming that in this case it's all just Mr P implying it might have happened and the council just dropped it with no written record. Are you saying a) there would always be a written record or b) it doesn't matter,  just an implied accusation should be followed up with a formal exoneration?

[Cburkhardt 382]

MattR:

These situations are always fact-intensive and it is impossible to understand the detail of Mr. P's accusations or the fullness of how such accusations might impact the future of the person unfairly accused.  My view is very simple.  If a Scouter believes she or he has been subjected to unfounded accusations of the horrible crime of child abuse, that person should involve the CO in any investigation the BSA will perform.  It is the only way a person can potentially obtain a written exoneration (from the CO) of this terribly damaging accusation (short of filing a defamation law suit).

It is very foolish to falsely accuse anyone of child abuse.  If sued in court, the defaming party must prove the truthfulness of the accusation made.  Further, when a defendant in a defamation case has been found to have falsely accused someone of a crime of extreme moral terpetude (rape, murder, child abuse, etc.), the plaintiff is not required to prove he was damaged by the false accusation.  Being falsely accused of these kind of things is presumed by the law to have been damages (a concept called "per se" damages).