Lawsuit Information Center
This page will look at sexual abuse lawsuits involving the Waxter Juvenile Detention Center in Laurel, Maryland. Countless children who were inmates at Waxter may have been the victims of sexual assault and abuse by the staff at the facility over the years.
Under a new law in Maryland, these victims of childhood sexual abuse can now file civil lawsuits against the state and get compensation for their suffering.
Our lawyers believe these juvenile detention center lawsuits will settle, and the settlement amounts will be high. If you have a sexual abuse lawsuit against a juvenile detention facility like Waxter, contact our sex abuse attorneys today for free consultation. Contact us online or call us at 800-553-8082.
Sex Abuse Lawsuit News and Updates:
September 17, 2024
The Maryland Child Victims Act of 2023 (CVA), a landmark law that took effect last year, eliminated the statute of limitations for civil lawsuits related to child sexual abuse and retroactively revived claims that had expired under previous laws. As a result, thousands of victims of abuse at Maryland juvenile detention centers are now able to pursue lawsuits and seek compensation. However, this could be jeopardized as the Archdiocese of Washington and others are challenging the CVA’s constitutionality.
Just last week, the Maryland Supreme Court heard arguments on whether the CVA complies with the state constitution, and many are anxiously awaiting the court’s decision. Remember, even if the court deems the CVA unconstitutional, lawsuits against the Waxter School and other institutions would be unaffected. Why? Because the state has the right to let others sue it.
About the Thomas Waxter Children’s Center
The Thomas Waxter Children’s Center (“Waxter”) was a juvenile correctional and detention facility run by the Maryland Department of Juvenile Services and located in Laurel. Waxter served as a detention facility for female juvenile offenders from the early 1950s until the facility was shut down in January 2022.
At its height, Waxter had an inmate capacity of 165, making it the most significant female juvenile detention and correction facility in Maryland. Waxter housed female juvenile offenders who had been sentenced to detention based on repeat offenses or crimes involving violence. At one point, Waxter also included a secure, committed treatment program for special needs youth.
Waxter’s detainees were housed in secure dormitory-style facilities. They attended school at the facility on a regular schedule of 6 hours a day for five days a week. They also received medical and mental health counseling services on-site. The facility also provided space for recreational activities.
The center was named after Thomas J.S. Waxter, a well-respected judge and advocate for juvenile justice reform in Maryland. The facility was intended to provide secure detention for female juveniles awaiting court decisions or placement in more long-term facilities. Its goal was also to provide care and rehabilitation for these youth. However, the Waxter Children’s Center did not live up to its namesake.
The center has been noted in various reports and articles over the years for having issues with safety, security, and conditions for the juveniles housed there. It has been the subject of scrutiny and criticism, similar to many juvenile facilities across the United States, which have been challenged for their treatment of young offenders and the effectiveness of their rehabilitation efforts.
New Lawsuits Allege Sexual Abuse at Waxter
A group of 50 individuals have come forward with accusations of childhood sexual abuse within Maryland’s juvenile justice facilities, some reporting incidents from as early as age seven. Waxter was one of the primary facilities named in the lawsuits.
These sex abuse lawsuits detail horrifying instances of repeated rape and molestation of minors under state care at Waxter (and other places), highlighting the state’s negligence in protecting these children and its failure to implement adequate oversight to prevent such abuses. The allegations include children being sexually abused in their locked rooms.
These allegations coincided with the enactment of a new law in the state that broadens the rights of child sex abuse victims and initiates a series of civil actions against the state. These legal claims span over five decades, involving abuse in six different juvenile justice centers, bringing Maryland’s state government under scrutiny amidst a broader justice movement fueled by legislative reform.
Child Sexual Abuse Victims Can Now Get Compensation
Anyone who was the victim of childhood sexual abuse at Waxter or any other juvenile detention or correctional facility (state or private) can now file a civil lawsuit against that facility and get financial compensation. Under the new Maryland Child Victims Act which took effect in October 2023, civil lawsuits based on sexual abuse that occurred when the victim was a child (under age 18) are no longer subject to any statute of limitations. This means that child sex abuse victims can file lawsuits even for incidents that occurred decades ago.
What the Child Victims Act Does?
The recent implementation of the Maryland Child Victims Act marks a pivotal advancement in justice for survivors of childhood sexual abuse within state-run facilities like the Waxter Juvenile Detention Center.
Under this new legislation, victims of sexual abuse that occurred during their time as minors at facilities such as Waxter now have the right to seek compensation, irrespective of when the abuse happened. This significant change eliminates the statute of limitations that previously barred many victims from pursuing legal action due to the time elapsed since the offense.
The Maryland Child Victims Act not only broadens the scope for filing civil lawsuits but also underscores the state’s acknowledgment of the long-lasting impacts of childhood sexual abuse. By allowing these cases to be brought forth decades later, the law provides a path to healing and closure for many who suffered in silence.
Key Provisions and Impact:
- No Statute of Limitations: The law removes time barriers, enabling victims to file lawsuits regardless of how much time has passed since the abuse occurred. This is particularly crucial as many survivors may not come to terms with the trauma or choose to come forward until well into adulthood. Thee is dispute about whether this provision is constitutional. But whatever the outcome, it will not impact the juvenile detention center lawsuits because the state has the right to allow victims to sue it.
- Scope of Liability: Facilities like Waxter can be held liable for negligence in failing to protect children under their care. This includes cases where abuse was perpetrated by staff members or other inmates under circumstances that should have been managed or prevented by the facility.
- Potential for Higher Settlements: The Act also potentially increases the settlement values of these lawsuits. Factors influencing the settlement include the nature and severity of the abuse, the availability of evidence, and the strength of the negligence claim against the facility. Under the new law, the cap for damages against state-run facilities stands at $850,000, providing a significant potential for financial compensation for the victims.
This legislation is a crucial step towards rectifying the wrongs of the past and ensuring that victims receive the justice and support they deserve. It also serves as a stern reminder to institutions of their duty to safeguard the well-being of all children in their care. Victims or families considering legal action should consult with specialized legal professionals to understand their rights and the potential implications of the new law on their specific cases.
What Qualifies as “Sexual Abuse or Assault”?
For legal purposes, sexual abuse or sexual assault is defined as any type of unwanted and non-consensual sexual contact or touching. The two essential elements that define sexual assault are (1) lack of consent and (2) sexual intent. Children cannot legally consent to sexual contact, so any case involving a child satisfies the first element. As for sexual intent, this element requires that the touching involve sexual parts of the body and be done with the purpose of sexual gratification.
When Can a Juvenile Facility Be Liable for Sexual Abuse
Juvenile facilities like Waxter are responsible for ensuring the safety and welfare of the children and teens in their care. When a child becomes the victim of sexual abuse or assault in a juvenile facility like Waxter, the facility can be held legally liable in a civil lawsuit for its negligence. Liability can arise from the facility’s failure to protect the victim or prevent the abuse from happening in the first place.
In most cases, sexual abuse in juvenile facilities is committed by staff members, such as guards, counselors, or other employees. These facilities are expected to screen, supervise, and train their staff to prevent such incidents. When abuse is perpetrated by an employee, the facility often has clear liability under the legal theory of vicarious liability, meaning it can be held responsible for the wrongful actions of its employees during the course of their employment.
Even if the abuse is committed by another juvenile or inmate, the facility may still be held liable if it failed to take reasonable steps to protect the victim. Facilities are required to maintain adequate security, supervision, and monitoring to prevent assaults between juveniles. If the facility knew or should have known about the risk of abuse and did nothing to stop it, it can be held accountable.
Negligent supervision, lack of proper training, failure to address prior incidents of abuse, and an environment that enables such conduct can all contribute to a facility’s liability. In these civil lawsuits, victims and their families can seek compensation for the physical and emotional trauma caused by the abuse, as well as related damages such as medical expenses, counseling costs, and pain and suffering.
These claims also serve not just the victims. These sex abuse lawsuit hold facilities accountable for their responsibility to provide a safe environment for the children entrusted to their care, deterring future abuse and ensuring that such tragedies are not repeated.
Settlement Value of Sex Abuse Lawsuits Against the State
The settlement value of a child sexual abuse lawsuit against a juvenile detention facility like Waxter will be driven by a variety of factors, such as:
- Nature of the Abuse: the nature and severity of the sexual abuse or assault is the main factor driving the settlement value of these cases.
- Evidence: Cases where the sexual abuse is supported by solid evidence, aside from the just the word of the victim, have a higher settlement value.
- Liability Theory: An abuse case against a facility will have a higher settlement value if the plaintiff has a strong negligence claim against the facility.
In a lawsuit brought under the new Maryland Child Victims Act (CVA) for sexual abuse that occurred a long time ago, the maximum amount of compensation that a plaintiff can get is $850,000 when a state-run facility is a defendant. This is because the CVA includes a cap on damages for cases brought against state schools or facilities.
Contact Us About Sex Abuse Lawsuits
If you are thinking about bringing a sexual abuse lawsuit against a juvenile detention facility like Waxter, contact our sex abuse lawyers today for free consultation. Contact us online or call us at 800-553-8082.