Sexual Abuse Within the Foster Care System
- Adults who care for children in foster care may be extended relatives, friends of the family, or unknown to the child prior to the new living arrangement. A child in foster care can experience sexual abuse by anyone, and it is not limited to unknown indivduals
- Unfortunately, a majority of children, especially young girls, experience sexual abuse in foster care or group homes at least once
- If you were a victim of childhood sexual abuse in a foster care or group home, you may have legal rights and options to help you seek justice and compensation
Foster care is a temporary living solution for children who are unable to live with their birth parents for specific reasons. Their parents may have passed away or have ongoing medical or legal issues that lead them to be unable to care for their child. In the worst cases, children were abused or otherwise treated poorly by their birth parents.
When authorities remove a child from the family home, they place the child in temporary foster care. Adults who care for children in foster care may be extended relatives, friends of the family, or unknown to the child prior to the new living arrangement.
Unfortunately, putting children into foster care can sometimes leave them in even worse positions than before. This is especially true if the living situation the child enters into includes people they don’t know, such as in a group home or an unknown family. One study found that girls living in foster homes are a particularly vulnerable group. The investigation examined 155 adolescent girls in foster care and found that 81% had experienced sexual abuse. 68% of girls reported being sexually abused by more than one individual.
In Florida, a longtime foster parent who had housed over 70 children during his time in the system was found to have repeatedly raped a child and placed hidden cameras in the bathroom to watch her shower. He saved the video footage of the molestation, which remained unknown until he was arrested. Unfortunately, caseworkers were unaware of the abuse and continued to send foster children to the home.
MacLaren Hall is one of the most of the most well known examples. Likely thousands of children were victimized by this state-run group home, which operated for more than 40 years. MacLaren Hall is referred to as a “child prison”, and not only were the living conditions terrible, but hundreds of former residents have come forward with details about the sexual abuse they faced by doctors, staff, and other children.
A Johns Hopkins University study found that children in foster care are four times more likely than other children to be sexually abused, and those who live in group homes experience an abuse rate of 28 times those of other children. There are indicators that children living in a foster care situation may be more likely to experience abuse at the hands of their foster parents or other people living in the home.
Adults, caseworkers, and other individuals who are aware that a child is living in foster care should pay special attention to signs that the child may be subjected to abuse of any kind, including sexual abuse. Understanding what child sexual abuse is and the effects that it can have on an individual may help to put a stop to it when it occurs. It is vital that individuals report suspected abuse as quickly as possible. If it continues, the abuse may have serious long-term effects that last into adulthood.
- If you are not sure where to turn, RAINN can help.
- What is Child Sexual Abuse?
- What are Some of the Signs That Child Sexual Abuse May Be Occurring?
- Are Foster Children Less Likely to Report Sexual Abuse?
- Is There a Higher Probability of Sexual Abuse Against Foster Children?
- The Potential Long-Term Effects of Child Sexual Abuse
- How Should I Report Suspected Foster Care Sexual Abuse?
- Child Sexual Abuse Laws
- Foster Care Sex Abuse Lawsuits
- Hiring a Foster Care Sex Abuse Lawyer
- Want To Speak With A Lawyer?
If you are not sure where to turn, RAINN can help.
Call 800-656-HOPE (4673) to talk confidentially with a trained professional from RAINN.
They can put you in touch with local resources and organizations that can help in your healing journey.
What is Child Sexual Abuse?
Child sexual abuse involves the use of a child for sexual purposes. Sexual encounters may occur between a child and an older person, or they may occur between the child and another, more mature child. These encounters can include sexual acts, sexual touching, or simulation of the conduct. Abuse is determined to have occurred when the child is deliberately exposed to pornography or becomes the subject of it themselves. In extreme cases, child sexual abuse can lead to sex trafficking.
Examples of child sexual abuse can include any of the following actions:
- Touching of the child’s private areas for pleasure or other unnecessary reasons
- Coercing a child to touch someone else’s genitals
- Using objects or body parts inside the vagina, mouth, or anus of a child for sexual pleasure
- Deliberately showing a child pornographic materials
- Performing sexual acts in front of a child
- Encouraging a child to engage in sexual poses and photographing them
- Watching a child undress or use the bathroom without the child’s knowledge
- Using computers, cell phones, or other media to sexually abuse a child or expose them to others
- Trafficking a child
Any of these acts constitute child sexual abuse, although other acts may also be classified as such.
What are Some of the Signs That Child Sexual Abuse May Be Occurring?
Oftentimes, children who are experiencing child sex abuse will present with certain symptoms. These may be behavioral, physical, or emotional. Some signs that suggest child sex abuse is occurring include any of the following.
Nightmares or Other Sleeping Issues
Children who are exposed to recurring abuse can have tremendous difficulty sleeping. They may experience nightmares and be unable to fall or stay asleep. In extreme cases, they may want an adult or another child to stay with them during the night so that they feel safe.
Distracted or Distant at Odd Times
Those who have been abused or traumatized may seem distracted or distant. This may present as daydreaming or being unable to discuss certain parts of their life. However, some children may also have medical conditions that cause distraction, such as ADHD or autism. Consider distraction and distancing actions alongside other symptoms that may be present.
Changes in Eating Habits
It’s not uncommon for those who experience child sexual abuse to change their eating habits. They may eat very little, or they can change the type of food they normally consume. In some cases, their appetite may increase significantly.
Sudden Mood Swings
Another sign of child sexual abuse can be sudden mood swings. These changes in mood can include rage, fear, insecurity, or withdrawal. If you notice that a child begins demonstrating moods that are atypical of their normal behavior, ask them if anything is bothering them.
New Fears of Certain People or Places
In some cases, children may exhibit a newfound fear of certain people or places. They may express significant worry when faced with being around those individuals. An uneasiness associated with certain places indicates that those areas may have been locations of abuse or that an abuser may frequent them.
Those who have been sexually abused may become promiscuous themselves. They may be provocative with children of their own age or appeal to the sexual desires of people older than themselves. While sexual curiosity isn’t abnormal in the teen years, displaying overt signs of promiscuity may be a sign of sexual abuse.
Drug and Alcohol Abuse
Alongside sexual promiscuity is the potential for drug and alcohol abuse. Those who have been abused may be at risk for using drugs or alcohol as a mechanism for escape. They may regularly associate with other individuals who use or abuse these substances.
Depression and Anxiety
Persistent thoughts of the abuse may lead to an increase in depression and anxiety for those who have experienced it. They may become preoccupied with their thoughts or seem reluctant to engage in regular daily activities. Feelings of hopelessness or listlessness are not uncommon for those who appear depressed.
Unwillingness to Be Close to Others
Some victims of sexual abuse may be unwilling to get too close to others and will emotionally detach themselves from potential relationships. Others may avoid talking about more intimate subjects and stick to surface-level conversations. They may shy away from making new friends or joining activities.
Are Foster Children Less Likely to Report Sexual Abuse?
While children are overall less likely to report sexual abuse than adults, those who are in a foster care situation are unique. Unless they are living in a foster home with familiar people, such as extended relatives or grandparents, they probably won’t have much of a circle of trust. It’s not uncommon for children who live in group homes or with foster families of the system to constantly move from one location to another, sometimes within just a few weeks or months.
This lack of security leaves foster children without anyone to trust. They are unlikely to have close friends or a family to talk to. They may not have any siblings or other family relations who can help the child open up about their situation.
There may also be safety concerns. Most abusers will warn their victims not to report or repeat anything related to the abuse. Since children rely on their adult caregivers for food, shelter, and personal items, they may fear that they will lose access to these items if they report the abuse.
Is There a Higher Probability of Sexual Abuse Against Foster Children?
Studies say foster children are more at risk of sexual abuse, especially when the foster care provider is a group home or institutional provider. It’s not uncommon for sexual predators to offer foster care services, knowing that they may be able to take advantage of children. The foster care system itself, including group homes and institutions, is federally funded. Each state is given a share of the federal funds to administer the foster care program.
Unfortunately, the system is usually stretched for funds. This can lead to a mismanaged program and an overworked administrative staff. Children often fall through the cracks, as there may be little oversight of them after they are placed in a foster home. While foster parents must undergo a background check before receiving children, these checks are often lackluster and may not uncover past misdoings.
The Potential Long-Term Effects of Child Sexual Abuse
There are a number of long-term effects of child sexual abuse. The Children’s Bureau, a federally funded government agency, published a factsheet on how children fare after they have sustained abuse or neglect. Their findings indicated that children who were abused might experience numerous conditions in their adult years. These can include any of the below:
How Should I Report Suspected Foster Care Sexual Abuse?
If you suspect that a child in foster care may be experiencing sexual abuse, it’s important to act quickly. If the child is in immediate danger, call 911. Otherwise, there are state and national resources available for support. The Children’s Bureau, a division of the U.S. Department of Health and Human Services, has compiled a list of state child welfare agencies that handle the investigation of child sexual abuse. You can also speak with a child sex abuse lawyer to pursue legal action.
The Childhelp National Child Abuse Hotline can be reached at 1.800.4.A.CHILD. Professional counselors are available 24 hours a day, 7 days a week, through the hotline. They offer crisis intervention services and referrals to social services or support resources.
In some cases, people may have mandatory reporting requirements. This is the case with social workers, teachers, physicians, law enforcement officers, or other professionals who work to serve the public good.
Child Sexual Abuse Laws
Congress recently enacted the Eliminating Limits to Justice for Child Sex Abuse Victims Act of 2022. The act eliminates the statute of limitations for minor victims of human trafficking or federal sex offenses. Those who were under 18 when the abuse occurred may now sue the perpetrators and any involved agencies, even if the abuse occurred long ago. Lawsuits can help them recover compensation for the harm they suffered as young children or teenagers.
The new law abolishes the previous 10-year statute of limitations, which gave minor victims until their 28th birthday to file suit.
While there is no longer a statute of limitations for federal charges involving childhood sexual abuse, statutes of limitations still apply to childhood sexual abuse in many states. Some states don’t start the statute of limitations clock until the child reaches the age of 18. Others provide extensions based on when they discover the abuse and realize they are victims.
If you’re considering filing a lawsuit for child sexual abuse, it’s essential to consult with an attorney to determine your state’s statute of limitations and how they apply to your case. They can help you decide whether or not you are within your state’s statute of limitations and determine your legal options.
Foster Care Sex Abuse Lawsuits
Several well-publicized cases of foster care sexual abuse have recently been in the news.
Philadelphia Foster Care Sex Abuse
In one case, a Philadelphia foster parent was convicted of sexually abusing multiple children. The convicted man’s adopted daughter, who first entered the home at age 6, lived with him until she turned 18. She decided to come forward to the authorities after learning other children had successfully filed criminal charges against him for sexual abuse.
The adopted daughter suffered multiple incidents of sexual abuse at the hands of the man, including rape, by age 10. She also suffered emotional abuse from the man and his wife, who sometimes threatened to throw her out of their house.
The court held the foster care agency partially responsible for damages the girl suffered because they missed several signs of abuse, including bed-wetting and behavioral changes.
Suffolk County, NY, Foster Care Sexual Abuse
Another case involves seven children who experienced sexual abuse by a foster parent in New York. Four different government agencies and a nonprofit group are also implicated in an investigative report issued by a grand jury.
The man charged in the case oversaw more than 100 kids during his 20 years as a foster parent. During that time, police and social workers investigated him 18 times for reports of abuse. He placed specific requests to foster children with special needs. The grand jury noted that children with special needs are often vulnerable to sexual abuse since they may not know when it occurs or what to do.
The abuse the man inflicted included forcing children to eat dog food and punching and kicking them. He was also charged with sexually abusing the family’s dog in the presence of a child.
The multiple agencies responsible for placing children in the man’s home failed to communicate with one another or act on signs of the abuse. They also didn’t investigate complaints against the man submitted through a phone hotline. Their lack of action led to dozens of other children being placed in the home for foster care despite the many concerns about the household’s safety.
Filing a Foster Care Sex Abuse Lawsuit
Victims of foster care abuse may not know they’re victims, especially if they’re young children. Teenagers may recognize the abuse but fear speaking up against their abuser. Often, it’s up to adults to recognize the signs of foster care abuse and take the appropriate action.
If you witness or suspect foster care sex abuse, gather any documentation you have and contact the police. If you’re unsure what to do, call the Childhelp National Child Abuse Hotline at 1-800-4-A-CHILD. Victims of child sex abuse may speak to a lawyer to determine their legal options.
Hiring a Foster Care Sex Abuse Lawyer
Foster care sex abuse is a serious matter with long-term physical and emotional consequences for the victims. These victims’ vulnerability and dependence on their foster parents for their basic needs may prevent them from speaking out against the abuse. Some children may not recognize the abuse for what it is, particularly if they’re young or are repressing painful memories.
The legal system provides various alternatives to victims of foster care sex abuse, including civil and criminal repercussions. Taking action against a perpetrator can prevent them from harming others. It holds them accountable for their heinous acts. Victims who file claims against their abusers may recover financial damages for their losses.
Helping Survivors can connect you with skilled and experienced foster care sexual abuse attorneys. Contact us for assistance in locating a lawyer who can evaluate your case.