Rhode Island Juvenile Detention Sex Abuse Lawsuit
Rhode Island’s juvenile justice system has a documented history of refusing to believe juvenile victims of sexual abuse in its facilities, particularly the Rhode Island Training School. However, survivors of sexual abuse by staff or by other youth in Rhode Island’s juvenile detention centers may have the ability to take legal action against the perpetrators and the institutions that enabled the abuse. At Helping Survivors, we help survivors fully understand their legal rights and options so they can assert them in full confidence.
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Author: Kathryn Kosmides
Survivor Advocate
- Survivors of sexual abuse in Rhode Island juvenile detention centers have legal rights and options for holding the perpetrators and institutions that enabled the abuse accountable.
- Abuse in Rhode Island juvenile detention centers can include staff-on-youth and youth-on-youth abuse, and the institutions and agencies in charge of these centers can be legally liable for abuse that occurs on their watch.
- An experienced Rhode Island juvenile detention sex abuse attorney can inform you of your legal options and assist you in filing a civil sexual abuse lawsuit.
Overview of Abuse in Rhode Island Juvenile Facilities
The Rhode Island Department of Children, Youth, and Families’ Division of Youth Development operates the state’s juvenile detention system. The Rhode Island Training School is the state’s secure facility for adjudicated youths and youths awaiting trial. Over the past two decades, the total annual number of youths housed at the school and in the Rhode Island juvenile justice system has declined greatly as the Division of Youth Development pivoted to focus on rehabilitation rather than detainment.
According to the most recent Prison Rape Elimination Act audit of the Rhode Island Training School, which took place in 2023, incidents of sexual harassment or assault of residents were reported in 2015, 2016, 2019, 2021, and 2023. These incidents included staff-on-youth and youth-on-youth abuse. Between 2012 and 2023, there were seven reported allegations of staff-on-youth sexual abuse, but none were “substantiated” by investigators. However, this may indicate that even when youth report legitimate sexual abuse, the system chooses not to believe them.
Types of Sexual Abuse in Juvenile Detention Centers
In juvenile detention centers, youths in custody cannot legally consent to sexual activity with a staff member due to the power imbalance, both age and authority. This dynamic makes juvenile detainees particularly vulnerable to childhood sexual abuse, especially if they have faced other sexual abuse before their detainment. Additionally, many juvenile detention centers facilitate a “culture of silence” in which victims are disbelieved or punished for reporting abuse.
Cases of sexual abuse by staff in juvenile detention centers often involve incentives, like extra food, or threats, like violence to the victim or their family if they refuse to comply with the abuse. Minor detainees can also face grooming and sexual assault by other detainees, particularly if there is an age gap.
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.
Legal Rights & Options for Survivors
Rhode Island’s Sexual Assault Victims Bill of Rights guarantees a set of rights to all victims of sexual assault and abuse, even if they choose not to report the abuse or obtain a medical examination. These rights include the following:
- The right to obtain a medical examination and a sexual assault evidence kit
- The right to choose whether to report the SA to law enforcement
- The right to consult with a victim advocate
- The right to pursue compensation
File a Civil Lawsuit
Rhode Island law gives sexual abuse survivors the right to recover monetary compensation through pursuing civil lawsuits against the perpetrators of the abuse and the institutions that failed to protect the victim. Government entities can be held liable under the Rhode Island Governmental Tort Liability Act, which gives victims the right to sue state agencies like the Department of Children, Youth, and Families and the Rhode Island Training School.
Like most other states, Rhode Island gives survivors a deadline for filing child sexual abuse lawsuits. In Rhode Island, the civil child sexual abuse statute of limitations was extended to the victim’s 53rd birthday in 2019. However, this law only applies retroactively to perpetrators of the abuse. It is not retroactive for claims against institutions and agencies like juvenile detention centers, meaning the 35-year rule only applies if the abuse occurred after 2019. If the abuse occurred earlier, the previous seven-year statute of limitations applies.
Report Abuse to Oversight Agencies
In Rhode Island, all citizens are considered mandatory reporters. This means that any individual with reasonable suspicion of child abuse, including child sexual abuse, must report it to the Rhode Island Department of Children, Youth, and Families’ child abuse hotline within 24 hours of discovery. The hotline can be reached at 1-800-RI-CHILD (1-800-742-4453), and you may call anonymously. Reporting abuse to the DCYF can provide essential documentation if you eventually pursue a civil lawsuit.
Report to Law Enforcement
Reporting sexual abuse to law enforcement is crucial to initiate any criminal investigation, and these reports can also serve as evidence in civil cases. In a criminal case, law enforcement will investigate the abuse allegations, and state prosecutors will ultimately decide whether to file criminal charges against the perpetrator, which could result in jail time and fines for the perpetrator. These remedies differ from civil lawsuits, which aim to financially compensate victims for their suffering.
Victims of juvenile detention center abuse in Rhode Island can contact the Rhode Island State Police at 401-764-0142 to report abuse. Your attorney cannot file a police report for you, but they can provide guidance on the process. Rhode Island does not have a criminal statute of limitations for first and second-degree child molestation and first-degree sexual assault, so even if the abuse you endured occurred years ago, you may still be able to report it.
How a Sex Abuse Attorney Can Help Survivors in Rhode Island
Sexual abuse attorneys help abuse victims pursue justice and compensation. Such compensation can provide survivors with the means to set them on the path to healing. If you decide to take legal action against a Rhode Island juvenile detention center for sexual abuse, it’s important to choose a trauma-informed attorney with experience in institutional abuse cases.
An experienced sexual abuse attorney can investigate, gather evidence, consult expert witnesses, access hard-to-reach records to bolster your claim, file legal paperwork, and fight for your interests, while providing emotional support and guidance. Attorneys can also petition the court to keep your identity confidential throughout the legal process. By working with a lawyer, you may be able to recover damages for medical expenses, therapy costs, lost wages, reduced earning capacity, emotional trauma, pain and suffering, and more.
Speak With a Rhode Island Juvenile Detention Sexual Abuse Lawyer Today
At Helping Survivors, our mission is to help survivors of sexual abuse understand their legal rights and options by providing resources for support, informing them of their rights, and connecting them with experienced and compassionate legal counsel. We empower survivors to assert their rights in full confidence.
There is no right or wrong answer after experiencing sexual abuse, especially as a child. However, if you want to learn more about taking legal action, Helping Survivors can help. Our legal partners help survivors pursue civil lawsuits and seek compensation for their suffering from the individuals and institutions that perpetrated and enabled the abuse.
Contact us today for a free, confidential case review.
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