Maryland must protect rights of child sex abuse victims | GUEST COMMENTARY

Sustainable Development Goals (SDGs) and Child Sexual Abuse in Maryland’s Juvenile Detention Facilities

Report by James Dold (Founder and CEO of Human Rights for Kids) and Adam Pollet (Partner at Eversheds Sutherland)

Introduction

The issue of child sexual abuse in Maryland’s juvenile detention facilities is a grave concern that demands immediate attention. This report aims to shed light on the extent of the problem, the impact on vulnerable children, and the urgent need for action in line with the Sustainable Development Goals (SDGs).

The Extent of Sexual Abuse

For decades, children in Maryland’s juvenile detention facilities have suffered from sexual abuse and rape perpetrated by staff members entrusted with their care. A 2004 investigation by the U.S. Department of Justice revealed inappropriate relationships between staff and children as young as 14 years old, as well as admissions of sexual abuse by staff members. Shockingly, the investigation also found that facility leadership knowingly hired individuals with prior felony convictions or records of abusing children.

The sexual abuse in Maryland’s facilities is widespread, with alarming statistics. In 2009, over a third of surveyed youth at the Backbone Mountain Youth Center reported sexual abuse by staff or other youth. To date, more than 200 claims of sexual abuse and rape have been raised by individuals housed in juvenile detention facilities across the state, dating back to 1969.

The Impact on Vulnerable Children

These children, already vulnerable due to their involvement in the juvenile justice system, often have complex trauma histories. Many have experienced prior sexual abuse, making them more susceptible to further victimization. The normalization of abuse becomes a defense mechanism for survival, exacerbating their existing trauma and increasing the likelihood of recidivism.

A recent study by Human Rights for Kids found that 40 percent of system-involved youth in Maryland had previously experienced sexual abuse. This figure more than doubles for girls nationally. The cycle of abuse these children face is perpetuated by a lack of safe spaces and support systems.

The Role of the Sustainable Development Goals (SDGs)

The Sustainable Development Goals (SDGs) provide a framework for addressing the issue of child sexual abuse in Maryland’s juvenile detention facilities. The following SDGs are particularly relevant:

1. Goal 3: Good Health and Well-being – Ensuring the physical and mental well-being of children by protecting them from sexual abuse and providing necessary support services.
2. Goal 4: Quality Education – Promoting education and awareness programs within the juvenile justice system to prevent sexual abuse and empower children to recognize and report abuse.
3. Goal 5: Gender Equality – Addressing the disproportionate impact of sexual abuse on girls and promoting gender equality in the prevention and response to abuse.
4. Goal 16: Peace, Justice, and Strong Institutions – Holding accountable the institutions responsible for hiring individuals with abusive backgrounds and ensuring justice for survivors through legislation such as the Child Victims Act.

The Child Victims Act

Last year, the Maryland General Assembly passed the Child Victims Act to provide survivors of childhood sexual abuse the opportunity to seek justice. The act removed the statute of limitations, allowing survivors to file civil lawsuits against both their abusers and the institutions that employed them.

However, several private and public institutions have challenged the constitutionality of the law in the Maryland Supreme Court. These institutions argue that they should not be held liable for the actions of their employees. This argument disregards the responsibility of institutions to ensure the safety and well-being of the children under their care.

Urgent Need for Action

The Maryland Supreme Court has the opportunity to validate survivors and protect their rights by upholding the constitutionality of the Child Victims Act. By doing so, the court can send a strong message that child sexual abuse will not be tolerated and that institutions must be held accountable for their employees’ actions.

For many survivors, the Child Victims Act represents their only chance at justice. Delaying or denying their right to seek justice would further compound the trauma they have endured.

It is crucial that Maryland takes decisive action to address child sexual abuse in its juvenile detention facilities, in line with the Sustainable Development Goals. Protecting children from abuse and ensuring their well-being is not only a moral imperative but also a legal and human rights obligation.

James Dold (jdold@humanrightsforkids.org) is the founder and CEO of Human Rights for Kids. Adam Pollet (adampollet@eversheds-sutherland.com) is a partner at the law firm Eversheds Sutherland.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

SDG 5: Gender Equality

The issue of sexual abuse and rape of children in Maryland’s juvenile detention facilities is connected to SDG 5, which aims to achieve gender equality and eliminate all forms of violence against women and girls. While the article does not explicitly mention the gender of the victims, it highlights the vulnerability of children who have experienced sexual abuse, which includes both boys and girls.

SDG 16: Peace, Justice, and Strong Institutions

The issue of sexual abuse and the failure of institutions to protect children in Maryland’s juvenile detention facilities is connected to SDG 16, which focuses on promoting peace, justice, and strong institutions. The article discusses the sexual abuse and rape of children by staff members who were hired by the Department of Juvenile Services. It also mentions the need for justice for survivors of abuse through the Child Victims Act.

2. What specific targets under those SDGs can be identified based on the article’s content?

Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres

This target is relevant to the issue of sexual abuse and rape of children in Maryland’s juvenile detention facilities. The article highlights the widespread sexual abuse experienced by children in these facilities, emphasizing the need to eliminate all forms of violence against them.

Target 16.2: End abuse, exploitation, trafficking, and all forms of violence against and torture of children

This target is directly related to the issue discussed in the article. It calls for an end to all forms of violence against children, including sexual abuse and exploitation. The article highlights the sexual abuse and rape of children in Maryland’s juvenile detention facilities, indicating a clear violation of this target.

Target 16.9: By 2030, provide legal identity for all, including birth registration

While not explicitly mentioned in the article, this target is relevant to the issue of sexual abuse in juvenile detention facilities. Providing legal identity for all children, including birth registration, can help protect their rights and ensure accountability for any abuse they may experience.

Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

This target is indirectly connected to the issue discussed in the article. Ensuring public access to information and protecting fundamental freedoms can contribute to transparency and accountability in institutions responsible for the care and protection of children.

Target 16.A: Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime

This target is relevant to the issue of sexual abuse in Maryland’s juvenile detention facilities. Strengthening national institutions and building capacity at all levels can help prevent violence, including sexual abuse, and ensure the protection of children in such facilities.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

No specific indicators are mentioned or implied in the article that can be used to measure progress towards the identified targets. The article primarily focuses on the issue of sexual abuse in Maryland’s juvenile detention facilities and the need for justice for survivors through the Child Victims Act.

4. SDGs, Targets, and Indicators

Source: baltimoresun.com