Sexual Abuse in Detention Centers

Sexual abuse in detention centers affects some of the most vulnerable individuals in the justice system. Detention centers are institutions where individuals are held for a period of time. These institutions (including jails and prisons) may hold undocumented immigrants, juvenile criminals, refugees and other individuals.

Sexual abuse in detention facilities may involve abuse perpetrated by facility staff members against inmates or inmates against other inmates. Sexual abuse is when an individual is pressured or threatened into engaging in a sexual act or is not able to consent to the act. Acts of sexual abuse or assault in a detention center may include rape and harassment. Sexual abuse in detention centers may also be more common, as there is an unfair power dynamic between inmates and facility staff members.

What is the Prison Rape Elimination Act (PREA)?

In 2003, Congress passed the Prison Rape Elimination Act (PREA). This act was created to provide various resources and funding to protect individuals from rape in detention centers. It also established the National Prison Rape Elimination Commission, which outlined the standards for eliminating rape in detention centers. The Department of Justice published the PREA standards, and they became effective in August 2012.

In 2014, the Department of Homeland Security finalized PREA standards and put policies and procedures in place to prevent sexual abuse in detention facilities. Despite these preventative measures, sexual abuse in detention centers remains an all too common occurrence.

Sexual abuse survivors may pursue justice through filing a civil claim. These sexual abuse lawsuits are legal actions that plaintiffs file to seek financial compensation for the harms they suffered as a result of another party’s wrongful conduct. Through civil claims, sexual abuse survivors may seek a variety of damages, including compensation for pain and suffering, medical expenses and emotional distress. Nothing will reverse the serious trauma of sexual abuse and/or assault. But survivors may pursue compensation as a way to hold wrongdoers accountable and move forward with their lives.

Plaintiffs may name various types of parties as defendants in sexual abuse civil cases, including:

• Individuals who committed the abuse
• Government entities that operated the facility
• Supervisors who failed to properly report the sexual abuse or protect individuals from harms that were known or should have been known

Filing a civil lawsuit for sexual abuse that occurred in a detention center

The steps to filing a civil lawsuit for harms suffered in a detention center include:

• Discussing your case with an attorney
• Investigating the harms you experienced
• Finding and gathering all relevant evidence to your case
• Drafting a complaint and/or lawsuit
• Filing the case
• Litigating the civil case and engaging in discovery

It’s important for plaintiffs to be aware of the statute of limitations (SOL) when they file a sexual abuse civil lawsuit. SOLs are deadlines for filing a claim. Plaintiffs will need to follow the statute of limitations for the state where the sexual abuse occurred. This applies, even if they no longer reside in that state.

Often, sexual abuse happened when the plaintiff was a child, and now they are pursuing a civil claim as an adult. Lookback window laws may allow them to file a claim. These laws may vary, depending on the state.

Not all sexual abuse that occurs detention centers has been properly reported and investigated. In fact, the available statistics likely underreport the prevalence of sexual abuse. But available statistics show the prevalence of sexual abuse in various institutions – especially towards immigrant detainees. The American Civil Liberties Union (ACLU) reported that since 2007, government officials have fielded nearly 200 allegations of sexual abuse from immigration detainees. This number accounts for abuse that occurred at several national immigration centers.

Coming forward with a sexual abuse claim is extremely difficult. Some common concerns survivors may have when pursuing legal action are:

• Fear of retaliation from a person or entity
• Fear of re-traumatization
• Confidentiality and privacy concerns during the legal process
• Overall doubts about their story being believed
• Financial costs associated with taking legal action

A sexual abuse lawyer can provide proper support and guidance to make individuals feel more comfortable while pursuing legal action for the trauma they endured. Motley Rice attorneys offer free consultations for survivors of sexual abuse to explore their options for seeking accountability.

Can I still file a lawsuit if the sexual abuse happened years ago?

To determine if you can still file a sexual abuse lawsuit, you’ll need to check the statute of limitations for the state where the abuse occurred. Depending on those limitations, you may or may not be able to pursue a lawsuit. Lawyers can help survivors understand the statute of limitations for their specific case.

What if the sexual abuser was another inmate, not a facility staff member?

Sexual abuse survivors should always go through the necessary channels to report any sexual abuse they experienced while in a detention center – no matter who the perpetrator was. Reporting gives the appropriate personnel the information to investigate these claims. Institutions may be liable for failing to act or covering up known instances of sexual abuse.

What type of financial compensation could I receive if my sexual abuse case is successful?

Nothing can take away the trauma of abuse. But financial compensation can help survivors move forward with their lives. Financial compensation received in a sexual abuse case will depend on what the survivor is seeking damages for. The plaintiff could receive compensation for emotional distress, medical expenses and pain and suffering. The unique facts of the case could also impact compensation.

Motley Rice has represented sexual abuse survivors in their pursuit of justice against those who abused them. Our sexual abuse attorneys understand the trauma that abuse survivors face and work to hold the responsible entities accountable for their role in the abuse. Through a trauma-informed approach, our attorneys prioritize the survivors' privacy and emotional well-being throughout the legal process.

We have represented survivors of sexual abuse at the hands of:

• Catholic Church clergy members
• School teachers
• Youth organizations

Read more on our sexual abuse litigation experience.