Sexual Abuse
This page discusses sexual abuse lawsuits concerning the Waxter Juvenile Detention Center in Laurel, Maryland. Many former juvenile inmates at Waxter may have suffered sexual assault and abuse at the hands of staff members over the facility’s operational years. Thanks to a recent law in Maryland, victims of childhood sexual abuse can now pursue civil litigation against the state, seeking compensation for the trauma they endured.
Sex Abuse Lawsuits – News & Updates:
December 1, 2024: It has now been 3 months since the Supreme Court of Maryland heard oral arguments in a case challenging the constitutionality of the Maryland CVA law that took effect in 2023. The CVA is the law that gave victims of childhood sexual abuse at places like the Waxter the ability to file civil lawsuits. If the Court holds that the CVA is invalid under the Maryland state constitution, all of these victims will lose their claims.
September 15, 2024: The Maryland Child Victims Act of 2023 (CVA), a landmark law enacted last year, eliminated the statute of limitations for civil lawsuits involving child sexual abuse and retroactively revived claims previously barred under the old law. Last week, the Maryland Supreme Court heard oral arguments challenging the constitutionality of the CVA, leaving many awaiting the court’s decision with anticipation. However, even if the court finds the CVA unconstitutional, claims against Hickey School will remain intact. The constitutional debate does not affect the state’s authority to grant victims the right to file lawsuits against it. Check out the video of the oral arguments from last week.
About the Thomas Waxter Children’s Center
The Thomas Waxter Children’s Center, also known as Waxter, operated as a juvenile correctional and detention facility under the Maryland Department of Juvenile Services, situated in Laurel. Waxter primarily detained female juvenile offenders from the early 1950s until its closure in January 2022.
At its peak, Waxter could accommodate up to 165 inmates, making it Maryland’s largest female juvenile detention and correctional facility. It housed young female offenders convicted of repeat offenses or violent crimes and once provided a secure, committed treatment program for special needs youth.
Inhabitants of Waxter resided in secure dormitory-style facilities and followed a structured daily routine, including six hours of schooling five days a week, on-site medical and mental health counseling, and recreational activities.
Named after Thomas J.S. Waxter, a respected advocate for juvenile justice reform in Maryland, the facility aimed to offer secure detention for female juveniles awaiting court decisions or longer-term placement, along with care and rehabilitation services. However, it failed to meet these aspirations.
Over the years, the center has garnered attention for its safety, security, and living conditions for its juvenile population. Like numerous juvenile facilities nationwide, Waxter has faced criticism and scrutiny for its treatment of young offenders and the efficacy of its rehabilitation programs.
New Lawsuits Allege Sexual Abuse at Waxter
A collection of over 50 former inmates have recently gone public with accusations that they were the victims of sexual abuse and assault inside Maryland’s juvenile justice facilities. Waxter was one of the primary facilities named in the lawsuits.
These victims have brought a civil sex abuse lawsuit detail based on allegations of repeated rape and molestation of minors under state care at facilities like Waxter. The allegations detail the state’s chronic negligence in protecting these children and its failure to implement adequate oversight to prevent such abuses.
These lawsuits were made possible by the enactment of a new law in Maryland that broadens the rights of child sex abuse victims and initiates a series of civil actions against the state. The incidents at issue in these lawsuits date back 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
Victims of sexual assault or abuse at juvenile facilities like Waxtercan now file a civil lawsuit against that facility and get financial compensation. A new Maryland law that took effect in October 2023 permits civil lawsuits based on sexual abuse that occurred when the victim was a child (under age 18) to be filed no matter how long ago the abuse occurred.
What is Sexual Abuse or Assault
Sexual abuse is defined as intentional sexual contact (either directly or through clothing) of the intimate parts for degrading or humiliating the victim or sexually gratifying the abuser. This definition covers everything from forcible rape to indecent exposure.
The critical element that defines all types and categories of sexual abuse or assault is the lack of consent. Without consent, any form of sexual contact is actionable as sexual abuse or assault. Children (under the age of 18) lack the legal capacity to give consent to sexual contact. Therefore, any intentional sexual contact by an adult with a minor is necessarily considered sexual abuse.
When Can a Juvenile Facility Be Liable for Sexual Abuse
Juvenile detention centers like Waxter have a legal obligation to protect their inmates from harm. This means that they can be held liable in a civil lawsuit for negligently failing to protect the victim or prevent the abuse from happening. Usually it is staff members at the facility who commit the sexual abuse, which means that the facility will have clear liability for the incident. However, the facility can still be held liable for failing to provide adequate protection even when another inmate or juvenile commits the abuse or assault.
Settlement Value of Sex Abuse Lawsuits Against Waxter
The settlement amount for detention center lawsuits at Waxter for child sexual abuse will on multiple factors that can significantly influence the compensation amount awarded to survivors. Understanding these factors is essential for determining the potential compensation of a claim:
- Severity of the Abuse
The nature and severity of the abuse play a critical role in determining settlement value. Cases involving prolonged abuse, multiple instances of harm, or especially egregious acts will result in higher settlements. The impact of the abuse on the victim’s mental and physical well-being, both immediate and long-term, is also a major consideration in valuing these claims. - Evidence of the Abuse
The strength of the evidence supporting the survivor’s claim is another significant factor. While documentation, witness testimony, or other tangible proof can bolster a case, in many instances of sexual abuse, survivors may not have traditional forms of evidence due to the private and hidden nature of such acts. Our attorneys really want to be clear on this. You do not need “proof” in the conventional sense. The victim’s testimony, corroborative patterns, or institutional histories of negligence or abuse will provide sufficient grounds for a claim. - Caps on Damages
Under the Maryland Child Victims Act, survivors pursuing claims for abuse that occurred at state-run facilities, such as Waxter, face a statutory cap on damages. The maximum allowable compensation in these cases is $850,000. This cap reflects the limits imposed by Maryland law for claims involving state entities, including schools, detention centers, and other government-run facilities. For abuse occurring in privately run institutions, the cap does not apply, and settlements or jury verdicts could potentially be much higher. - Emotional and Psychological Damages
In addition to physical harm, the emotional and psychological trauma caused by abuse plays a significant role in determining settlement amounts. Courts and juries consider the extent to which the abuse has impacted the victim’s life, including issues such as post-traumatic stress disorder (PTSD), anxiety, depression, or difficulties with personal and professional relationships. In many cases, these non-economic damages form a substantial part of the compensation. - Having the Best Lawyer
The quality and experience of the lawyer representing the survivor will impact settlement compensation payouts. A skilled sex abuse attorney knows how to present the case effectively, navigate complex legal statutes like the Maryland Child Victims Act, and counter the defense’s arguments. The best lawyers are adept at securing compelling expert witnesses, conducting thorough investigations, and negotiating settlements that reflect the true value of the claim.
Contact Us About Sex Abuse Lawsuits Against Waxter
If you were sexually abused at 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.