2 ask Supreme Court to hear abuse case

Published: Friday, Sept. 24, 2004 11:00 p.m. MDT
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A mother and son whose sexual abuse lawsuit against the LDS Church was dismissed have asked the Utah Supreme Court to hear their case.

The mother and son, referred to as Jane and John Doe, claim George Tilson, a man who served the church as a Scout leader and high priest, abused both of them when they were children. Their 2002 lawsuit against Tilson and The Church of Jesus Christ of Latter-day Saints claimed the church knew the man's history of abuse but failed to tell police or other officials.

The trial court dismissed the lawsuit, saying the statute of limitations had run out on Jane Doe's claims of negligence and breach of trust. She alleged she was abused in 1976. The lower court dismissed the son's claims because legal action for negligently permitting sexual abuse had to be brought against a "living person," not a corporation, which the church is.

The appeals court upheld the ruling and also said the alleged abuse "occurred in Tilson's house and was unrelated to (the church) or any of its activities."

The brief filed Monday with Utah's high court seeks a review of the case, claiming the church failed to report Tilson's history of abuse to authorities.

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The church has disputed all of the allegations.

Church spokesman Dale Bills declined comment on the lawsuit Friday.

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