Juvenile detention centers are meant to be places where youth can be rehabilitated and protected. However, this process can be derailed if the youth suffers sexual abuse in the process. Unfortunately, many youths in juvenile detention centers are vulnerable to abuse. When this happens, the victims and their families deserve justice and should seek the help of a Los Angeles juvenile detention sexual abuse lawyer.
Sexual abuse in juvenile detention is any unwanted sexual activity, contact, exploitation, or harassment that occurs while a minor is held at a juvenile detention facility. Juvenile detention sexual abuse can be committed by juvenile detention officers, other staff, counselors, contractors, and other incarcerated minors. The power imbalances in these settings make it very difficult for victims to defend themselves or speak out.
Some of the most common forms of sexual abuse include:
It’s important to note that the age of consent is 18 in California. Therefore, it does not matter if the minor explicitly objected to these acts. They are not legally able to consent; therefore, these actions are illegal under all circumstances.
The Prison Rape Elimination Act (PREA), along with other federal and California juvenile detention sexual abuse laws, identifies juvenile facility abuse as a significant issue and mandates protective measures against sexual abuse, which all juvenile facilities must implement. Despite regulations, numerous facilities fall short of required standards, harming youths with severe and permanent effects.
Sexual abuse in juvenile facilities often gets overlooked. This occurs for a number of reasons. Incarcerated youth represent one of the most excluded groups who lack representation in the justice system. They are often ignored or punished for reporting abuse.
In addition, many survivors have experienced prior trauma before being detained, making them more vulnerable to coercion or silence. This abuse often gets overlooked for the following reasons:
The Los Angeles County Probation Department, private contractors, and state-run youth prisons have all come under fire for not keeping kids in their custody safe. These institutions must face consequences when they fail to stop abuse or when they knowingly allow it to continue.
Unfortunately, sexual abuse in juvenile centers continues to be an issue. Los Angeles County recently settled roughly 7,000 child sexual abuse claims that occurred at juvenile facilities, resulting in a $4 billion payout. This was the county’s largest settlement, with the next one coming from a $2.6 billion settlement against the Boy Scouts of America to compensate victims of sexual abuse.
Sexual abuse that occurs in a juvenile detention center is more complex than when a victim is abused by a single party. There are multiple parties that can be held accountable for the abuse.
Liability can fall on the following parties:
Unfortunately, many times, the abuse could have been prevented if proper background checks, staff training, or supervision had been in place.
At the DeMarco Law Firm, we represent survivors of childhood sexual abuse. With more than 20 years of experience and over 400 survivors represented, attorney Anthony DeMarco is known as one of Southern California’s top civil sexual abuse lawyers. We understand the sensitive issues in cases involving juvenile detention, and we fight to bring institutions to justice.
At the DeMarco Law Firm, we represent survivors of childhood sexual abuse. It’s all we do. In fact, with more than 20 years of experience and over 400 survivors represented, Anthony DeMarco is known as one of Southern California’s top civil sexual abuse lawyers.
Our firm represents childhood sexual abuse cases filed in the Stanley Mosk Courthouse as well as throughout Los Angeles County. We manage all stages of your case with careful attention and professional discretion. Our survivor advocates and legal professionals provide continuous support throughout your entire journey, beginning with your initial phone call and ending with your case resolution. When you are ready to fight back, we can fight for you.
Abusive conduct under California law includes:
The statute of limitations on sexual abuse in California was removed for reporting childhood sexual abuse, including juvenile detention sexual abuse. This means that survivors can file a claim at any age. However, it is recommended that sexual assault be reported sooner rather than later to better preserve evidence and memories of those involved.
Yes, sexual coercion is a crime in California, even in juvenile detention. Under California law, sexual coercion represents illegal sexual assault through manipulation that bypasses clear voluntary consent. Criminal charges such as sexual battery or rape by coercion can apply when someone uses threats or authority to coerce another person into sex without physical force.
California’s “look back” window, created by AB 218, allowed survivors an extended window to file a claim for childhood sexual abuse, regardless of how long ago the abuse took place. The original window has now ended, but many survivors may still be eligible under longer timelines for delayed discovery or recent legal changes that have expanded the right to file.
If you or someone you know suffered sexual abuse in a juvenile detention center, hire a juvenile detention sexual abuse lawyer today. A juvenile detention sexual abuse attorney at the DeMarco Law Firm can help. Contact us today to get started.