LDS not at fault in sex-abuse case, court concurs
Using the pseudonyms "Jane Doe" and "John Doe," the two claimed both were sexually abused by George Tilson when they were children. According to the ruling, the LDS Church had received several complaints from its members about Tilson sexually abusing children in his Salt Lake County ward from as far back as 1966 up through 2002.
The appellate court upheld the lower-court decision because the alleged abuse wasn't related to any church activities.
The mother claims Tilson enticed her into his home in 1976 when she was 13 and allegedly abused her. He then allegedly abused the son sometime between 1993 and 1996 when the boy was around 5 years old. Tilson was convicted of attempted sexual abuse of a child in 1996, but it's not clear if the conviction is related to the appeals case.
Having learned of news reports about other alleged abuse by Tilson, the mother/son pair sued the former church member and Boy Scout leader, as well as the LDS Church in district court. They accused the church of negligence, breach of fiduciary duty and intentional infliction of emotional distress. According to their claim, representatives with the church not only did not report any of the incidents to police but actively concealed Tilson's behavior from its members.
A trial court dismissed the suit in November 2002, ruling the statute of limitations had run out on the mother's claims. The son's claims were dismissed on the basis that Utah law allows negligence permitting sexual abuse to be brought against "a living person" only. Many church officials involved have since died.
The appellate court concluded that the LDS Church "had no common law duty to warn plaintiffs about Tilson's prior acts of child sexual abuse" because the church had no "special relationship" with either the plaintiffs or Tilson. The court also pointed out that Tilson was not a clergy member for the church and that the alleged abuse took place at Tilson's home and was unrelated to any church or Scouting activities.
Court records show Tilson served six months in jail and paid a $1,295 fine stemming from his 1996 attempted sexual abuse of a child conviction.
A church lawyer previously said Tilson was excommunicated in 1995.
E-mail: gfattah@desnews.com
Comments
- Funds for new courthouse approved 1:48 a.m.
- Godfrey vetoes Ogden budget 1:48 a.m.
- Odd Fellows Hall move 1:47 a.m.
- 2 country groups to perform 1:47 a.m.
- Rumor has Boozer with Bulls 1:20 a.m.
- Jazz in back of line for free agents 1:19 a.m.
- Okur signs two-year extension 1:18 a.m.
- Marion to Mavs, Stackhouse to Griz 1:16 a.m.
- Price for redistricting plan challenged 1:04 a.m.
- Basketball campers learn service 1:02 a.m.
- Rumor has Boozer with Bulls
- Stadium of Fire flag burning was fake
- Jazz in back of line for free agents
- Okur signs two-year extension
- Restaurant destroyed by fire
- Jazz won't meet Lopez on Europe trip
- A primer for the 6th Potter film
- Blazers may offer Millsap a contract
- AK will not play for Russia this summer
- Jazz rally for OT win at Orlando
- Bronco collecting a galaxy of recruits
138 - Letters: Palin mistreated
136 - Teachers struggle with district cuts
134 - Blazers may offer Millsap a contract
122 - Rumor has Boozer with Bulls
82 - Fairness of BCS debated
81 - Moon landing: Let's hear from you
73 - Chaffetz eyes challenging Bennett
72 - Services bids farewell to Jackson
70 - Letters: Time for a revolution
69
As more and more dads are put out of work in this economy, I've been...
The photographs are mysterious, brooding, dark. They show dimples and...
Blazers get the unbalanced trade they seek while not signing Millsap away...
Ricky Bobby - THE JAZZ DO NOT WANT TO TAKE BACK EQUAL SALARIES. They want to...
Despite the fact that logging has all but stopped in the pacific northwest...
My understanding of what FAIR is trying to do, is to provide well thought out...
Jazz will resign Milsap. If they don't it will be ahuge mistake. First off,...
I was waiting for it to be burned on the big metal structure right by the...
Hey Ute fan... the Utes had a good season. And keep throwing that BCS bowl...
Tyrus Thomas is in the last year of his contract too so what is the point for...
CougarKeith, people don't know how to properly retire the flag, what they did...
It is just talk but since it was brought up: IF we can get Prizbilla &...


You can be the first to comment on this story.