Sexual Abuse
On this page, we will examine civil lawsuits being filed against the Maryland Department of Juvenile Services by individuals who were victims of sexual abuse while inmates at Cheltenham You Detention Center in PG County. Abuse of inmates was common at Cheltenham over the years and there are possibly hundreds of former juvenile inmates who were victimized at the facility. Under a new law in Maryland, victims of sexual abuse like this can file lawsuits years later and get compensation.
NEWS & UPDATES:
October 12, 2024: The major of sex abuse claims involving Cheltenham Youth Detention Center are being brought thanks to a new Maryland law called the Child Victims Act (CVA). The CVA went into effect in October of 2023. It is a groundbreaking law that retroactively lifted all statute of limitations deadlines of civil lawsuits based on child sexual abuse. The CVA gave child sexual abuse victims the ability to file civil lawsuits even when the alleged abuse occurred decades in the past.
Several defendants have challenged whether the CVA is valid under the Maryland statute constitution. The constitutionality of the CVA is currently being appealed to the Maryland Supreme Court. The Court heard oral arguments last month and we are currently awaiting a decision. Even if the Court rules that the CVA is unconstitutional, it may not impact claims against the state for Cheltenham because the state has indicated that it will follow the CVA regardless of the ruling.
About Cheltenham Youth Detention Center
Cheltenham is a secure detention center in P.G. County that hosts both male and female juvenile offenders who are awaiting court proceedings, have been placed in treatment by the court, or sentenced to detention. Most of the juvenile offenders who wind up in Cheltenham come from the area of Maryland right outside Washington DC, which includes both Prince George’s County and Montgomery County.
Cheltenham Youth Detention Center dates all the way back to 1897, but it has adopted many named changes over the years. has undergone several name changes over the years. In the 1930s it operated as the Cheltenham School for Boys and in 1949 it was renamed Boys’ Village of Maryland. From 1992 to 2016, it was called the Cheltenham Youth Facility. Finally, in 2016, the name was changed back to Cheltenham Youth Detention Center.
Cheltenham detainees received a variety of services and also attend year-round school inside the facility, operating on a normal 5 day a week school schedule.
Like many other juvenile detention centers, Cheltenham has developed an abysmal reputation over the years for the abuse and mistreatment of inmates. The Department of Justice investigated allegation of abuse at Cheltenham back in 2010 and eventually issued a formal report identifying a variety of abuses and shortcomings at the facility. Cheltenham was also targeted in a recent investigation by the Maryland Attorney General’s Office.
New Lawsuits Cheltenham Sex Abuse Lawsuit
In 2023, Maryland implemented a new law removing the statute of limitations for civil suits concerning sexual abuse against minors. Known as the Maryland Child Victims Act of 2023 (CVA), this legislation permits individuals who endured sexual abuse as minors to pursue civil action, regardless of the time elapsed since the incidents. Shortly after the CVA’s enactment, former detainees of Cheltenham detention facility lodged a lawsuit against the Maryland Department of Juvenile Services (MDJS).
Alleging instances of sexual abuse and assault by both staff and fellow inmates during their time at Cheltenham, the plaintiffs seek to hold MDJS accountable for negligence in safeguarding juvenile detainees and preventing such abuse. The lawsuit asserts that Cheltenham fostered a pervasive environment of sexual abuse and accuses MDJS of consistently failing to adequately screen and supervise staff, implement preventative measures against staff misconduct, and address threats of retaliation against victims.
How is Sexual Abuse Defined?
Legally, sexual abuse or sexual assault is defined very broadly as any type or form of unwanted (non-consensual) sexual touching. This can include a very wide range of acts from touching someone’s private areas to forcible rape. There are 2 primary elements that must be present for something to be considered sexual abuse: (1) sexual intent, and (2) lack of consent.
The act must be done with sexual intent, which means sexual touching intentionally done for the purpose of sexual gratification or arousal. Intent is the key here. If someone accidentally touches private parts in a crowded elevator there is no intent, and it is not sexual battery. The second element is lack of consent. Anyone under the age of 18 lacks the capacity to consent to sexual touching.
Suing Cheltenham for Sexual Abuse
Juvenile detention facilities run by the state, like Cheltenham, are under a legal obligation to provide for the safety of their young inmate. At a minimum, this requires the facility to take reasonable measures to protect inmates from sexual abuse and assaults by staff and other detainees. Under the negligent supervision of MDJS, Cheltenham and other facilities habitually failed to adequately protect detainees. This means that the MDJS can be held liable for negligence in a sex abuse civil lawsuit.
Settlement Payout Values in Cheltenham Sex Abuse Lawsuits
The settlement value of sexual abuse lawsuits involving the Cheltenham Youth Detention Center and similar facilities depends on various factors. Here are the primary determinants that typically influence the trajectory of these cases:
- Evidence Strength: The strength and reliability of evidence demonstrating the occurrence of sexual abuse play a crucial role in determining the case’s value. Cases supported by solid, credible evidence tend to command higher settlement amounts.
- Abuse Severity: The extent and frequency of the sexual abuse also impact the case’s value. Instances of severe or prolonged abuse generally result in higher settlement amounts compared to isolated incidents.
- Legal Representation: The competence and skill of the legal counsel representing the victim significantly influence the outcome of the case. Both the victim’s attorney and the legal representation of the institution accused of the abuse can affect the final settlement amount.
The new CVA law in Maryland which allows child sex abuse victims to sue years later, has a strict maximum cap on the amount of damages that plaintiffs can be awarded in civil cases. When the defendant is a state agency, like the Cheltenham and MDJS, the cap is $850,000.
Contact Us About Sex Abuse Lawsuits
If you were sexually abused at the Cheltenham Youth Detention Center or another juvenile facility in Maryland, contact us today for free consultation. Contact us online or call us at 800-553-8082.