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Massachusetts Juvenile Detention Sex Abuse Lawsuit

Young people who experienced sexual abuse in Massachusetts juvenile detention and youth services programs have the right to seek legal recourse. Helping Survivors can connect you with a trusted attorney to explore your legal options. Contact us today to learn more.

Key Takeaways
  • Massachusetts operates multiple juvenile detention centers, and even though no allegations of abuse have come to light, that does not mean abuse does not occur in these facilities.
  • If you or your child experienced sexual abuse in a Massachusetts juvenile detention center or youth facility, you may be able to take legal action.

Sexual abuse by staff and fellow youths is unfortunately prevalent in the American juvenile justice system, and Massachusetts is no exception. According to the 2018 National Survey of Youth in Custody, nearly 6% of youth incarcerated in both government-operated and privately run juvenile detention facilities reported staff sexual misconduct, and 2% reported youth-on-youth abuse. Staff members commit a large portion of the sexual victimization in juvenile facilities.

Though there was a decline in overall sexual abuse rates from 2012 to 2018, many incarcerated children and teens still experience abuse. Youth who identified as LGB+ were up to eight times more likely to report sexual victimization in custody, while transgender youth were nine times more likely to report abuse. Disabled youth also reported higher rates of sexual victimization by other youth and staff.

Overview of Massachusetts Juvenile Detention Center Sexual Abuse Allegations

The Department of Youth Services oversees operations at multiple juvenile detention facilities in Massachusetts. These facilities include:

  • Plymouth Juvenile Secure Unit
  • Robert F. Kennedy School
  • Springfield Secure Treatment Program
  • South Hadley Girls Treatment Program
  • Judge John J. Connelly Youth Center
  • Reception-Detention Center for Girls
  • Westfield Detention Center
  • Worcester Detention Center

Several other facilities are now closed, including the Lyman School for Boys, Phaneuf Youth Treatment in Brockton, Bishop Ruocco Girls Youth Treatment in Lakeville, and the Fay A. Rotenberg School.

No public allegations of sexual abuse or assault by staff at any Massachusetts facility have been made in court. However, that does not mean abuse did not occur.

The most common types of juvenile detention sexual abuse include the following:

  • Strip searches
  • Inappropriate sexual comments
  • Inappropriate touching
  • Molestation
  • Sexual assault, including forced oral sex and rape
  • Being given food, drugs, cellphones, or contraband in exchange for sexual acts

How A Massachusetts Juvenile Detention Sexual Abuse Lawyer Can Help

Survivors of juvenile detention sexual abuse in Massachusetts have legal options for seeking accountability, even if the abuse occurred years ago. The identity of the facility, the responsible individuals, the available evidence, and the applicable Massachusetts laws all matter when determining whether you are eligible to file a civil lawsuit against the perpetrators and enablers of the abuse.

At Helping Survivors, our mission is to connect survivors of sexual abuse with experienced law firms for legal representation and support. We partner with Milberg, which provides free consultations and offers legal services on a contingency fee basis, so you won’t pay anything unless they successfully resolve your case.

Rights and Options for Survivors of Juvenile Detention Center Abuse in Massachusetts

Survivors of juvenile detention center sexual abuse in Massachusetts have multiple options for reporting the abuse and taking legal action. They can report the abuse to the state and potentially file a civil lawsuit against the institutions and organizations that allowed abuse to occur.

Report to the Massachusetts Department of Youth Services

The Massachusetts Department of Youth Services treats allegations involving youth as serious incidents, and its policies specifically address retaliation for reporting sexual misconduct. The DYS is the juvenile justice agency for the Commonwealth of Massachusetts, overseeing and operating juvenile detention facilities.

You can report child abuse or neglect to the local Department of Children and Families office, or call the Massachusetts Child Abuse Emergency Line at 800-792-5200. Please note that you must submit a written report within 48 hours of making the initial call.

Report to Law Enforcement

Reporting abuse to law enforcement may trigger a criminal investigation that can lead to charges against the perpetrator. This is a separate legal process from a civil lawsuit. Survivors may have different options for reporting, depending on their age, the timing of the incident, and the circumstances. In general, you can report to the police by calling 911 or contacting your local law enforcement agency.

File a Civil Lawsuit

Filing a civil lawsuit for juvenile detention sexual abuse allows survivors to seek accountability from not just the perpetrator, but also any institutions, administrators, and agencies that enabled abuse to occur.

The civil statute of limitations, or filing deadline, for child sexual abuse in Massachusetts gives victims until their 53rd birthday, or within seven years of discovering the abuse caused harm, whichever is later. However, the statute of limitations may vary if the defendant is a government entity.

What If the Abuse Involved a Government-Run Juvenile Facility?

A legal claim involving the Commonwealth of Massachusetts or another public entity can involve different procedural and statutory considerations than a claim involving a private organization. Massachusetts law specifically cross-references special treatment for claims against the Commonwealth involving sexual abuse of minors.

To sue a government entity for negligence in Massachusetts, you generally must file a formal written presentment notice under the Massachusetts Tort Claims Act first. The deadline for filing notice is two years from the incident. You then generally have three years from the incident to file a lawsuit. However, consult an attorney to determine how the statute of limitations affects your case.

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Have You Been Abused at a Juvenile Detention Center?

If you or a loved one has suffered sexual abuse while in a juvenile detention center, you have the right to seek justice. Our team of experienced attorneys is here to provide you with the legal support and guidance you deserve.

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