Maison Law stands with sexual abuse survivors, advocating for your legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.
What Should You Do If You’re Being Abused at a California Juvenile Detention Center?
Inmates in California juvenile detention centers, like in other correctional facilities, encounter numerous health and safety challenges in their day-to-day life. From inadequate medical care all the way up to sexual abuse by both staff and other inmates, sexual abuse especially takes various forms, like:
- Non-consensual contact
- Harassment
- Coercion
- Rape
- Sexual exploitation
- Voyeurism
- Assaults by staff members
These abuses contribute to systemic problems, with long-lasting consequences for inmates who survive them. That said, as an inmate, you have rights. So, if you’re being sexually abused while being held in a detention center, here’s a few things you can do:
- Immediate safety – If you are in immediate danger, focus on finding a secure location within the facility to protect yourself.
- Report to staff – Notify detention center staff or authorities about the abuse promptly. Use designated reporting channels within the facility to ensure your complaint is documented.
- Document the abuse – Keep a detailed record of the abuse, noting dates, times, locations, and individuals involved. Document any injuries sustained, and if possible, preserve evidence that supports your case.
- Get medical attention – If you have been physically harmed, seek medical attention as soon as possible. Inform healthcare providers about the abuse, and ensure injuries are documented.
- External support – Reach out to external resources for support, such as legal advocates, support organizations, or trusted family members. They can offer guidance and assistance in navigating the situation.
- Document any retaliation – If you face retaliation for reporting abuse, document these incidents. Retaliation is prohibited, and reporting it is crucial for your protection.
- File a complaint – If internal reporting does not lead to resolution, explore filing a complaint with external oversight agencies responsible for monitoring detention centers.
- Be persistent – Addressing abuse can be challenging, but persist in fighting for your rights. Continue seeking assistance until the issue is addressed.
Remember that you deserve to live free from abuse, and there are resources available to support you. The most important of these is legal protections, which allow you to file a claim for damages against the detention center itself.
Legal Process in a Sexual Abuse Claim Against a California Juvenile Detention Center
In California, a juvenile incarcerated in one of the state’s detention centers has the legal right to pursue damages for any sexual abuse they’ve suffered. This involves filing a civil complaint in open court against both the facility and the perpetrator, a process that poses significant challenges. However, with the assistance of our dedicated team of California sexual abuse lawyers, we make sure that you receive the benefits and support entitled to you under the law.
In a successful California sexual abuse lawsuit against a detention center, victims may potentially recover the following:
- Medical expenses – Covering treatment, ongoing care, bills, and therapy resulting from the sexual abuse.
- Mental health services – Including therapy and other care addressing the psychological trauma endured.
- Pain and suffering – Addressing emotional distress and related costs caused by the abuse.
- Punitive damages – Additional monetary compensation aimed at punishing the institution for egregious or negligent care, acting as a deterrent for future misconduct.
Justice For Survivors Act
As of October 2023, the California legislature passed AB 452, also known as the “Justice For Survivors” Act. This law eliminates the statute of limitations that was in place relating to the sexual abuse or assault of a minor, so long as the abuse or assault happens after January 1, 2024. At that point, there will be no deadline for filing one of these claims. So, as a sexual abuse survivor at a juvenile detention center, you can file a claim at any point. With that said, your claim is going to depend on the specific circumstances of your case, the severity of the abuse, and its impact on your life. Additionally, it’s essential to prove that the abuse occurred and was a result of:
- Negligence or deliberate wrongdoing by detention center staff or other inmates
Elsewhere, there is Assembly Bill (AB) 218, also known as the Child Victims Act. This sets the statute of limitations for a sexual abuse claim at:
- Until you turn 40 years of age
- Within 5 years of discovering the injury or impact of the abuse
With this in mind, it’s very important to understand the underlying causes of abuse and what you need in terms of evidence.
What Evidence Will You Need in a Claim Against a California Juvenile Detention Center?
Even with the law on your side, going up against a detention center with a sexual abuse claim requires great strength and courage. This is particularly true of juveniles, many of whom are in an extremely vulnerable position. It’s often the numerous power imbalances that lead to sexual abuse in these facilities, but things like the following also contribute heavily:
- Inadequate training or staffing
- Negligent hiring
- Substance abuse issues
- Open access to victims
With all of these in place, it’s not difficult to see how sexual abuse happens to juvenile inmates at these detention centers. With that said, as a survivor, you’ll need to provide evidence to bolster a potential claim. While it can be difficult in the context of being incarcerated, our team can still help you gather the following evidence:
- Incident reports – Make sure to get any incident reports related to the abuse. These documents may provide details about the events in question.
- Medical records – If there are allegations of physical harm or medical neglect, gather medical records documenting injuries or health issues and any treatment received.
- Witness statements – Statements from individuals who witnessed the events can be powerful evidence. This may include other juveniles, staff members, or anyone else present during the incidents.
- Surveillance footage – If there are surveillance cameras in the facility, request access to relevant footage that could shed light on the events.
- Expert testimony – In some cases, expert witnesses such as psychologists, medical professionals, or other specialists may provide testimony supporting your claims.
- Handbooks – Most detention centers will have copies of their policies and procedures. If the abuse involves a violation of these policies, it can strengthen your case.
- Communication records – If there were complaints or communication between you and the facility, keep records of emails, letters, or other forms of communication.
- Records of prior incidents – If there were previous incidents similar to the one you’re claiming, documentation of these incidents may help establish a pattern of behavior.
Understanding the factors behind sexual abuse is vital for responding effectively. However, addressing these issues and holding perpetrators and detention centers accountable can be tough for many victims. Despite the challenges, being aware of the necessary steps when facing sexual abuse provides a clearer path to stand against it. Our team of experienced sexual abuse lawyers can help you navigate this process effectively.
Reach Out to Maison Law Now for a Free Consultation
Sexual abuse is a huge violation of the rights of survivors, but especially in instances where it happens to a juvenile inmate in a detention center. When facing such a situation, it’s crucial to have a trustworthy team for support. At Maison Law, our experienced lawyers and team are ready to offer you the guidance and assistance you need. No one should endure sexual abuse under any circumstances, but we can help if it’s happened to you or a loved one. Contact us now for a free, no-obligation consultation.
