New Lawsuits Allege Sexual Abuse at Bordentown Juvenile Facilities

According to reporting by The Philadelphia Inquirer, three recently filed lawsuits include allegations involving two Burlington County facilities operated by the New Jersey Youth Justice Commission:

• Juvenile Medium Security Facility
• Juvenile Female Secure Care and Intake Facility

The allegations span different years and involve different staff members.

In one case, a former detainee alleges that when he was 17, a male lieutenant repeatedly subjected him to sexual abuse in 2017. The lawsuit alleges the officer threatened the teenager with additional criminal charges if he refused and used cigarettes, lighters, and food to manipulate him.

Another plaintiff alleges that two male guards sexually abused him more than 10 times beginning when he was approximately 13 years old in 2001. The alleged abuse occurred at the Bordentown facility and the New Jersey Training School.

A third plaintiff alleges that when she was approximately 14, a female guard kissed and fondled her at the Female Secure Care and Intake Facility in 2012. According to the lawsuit, the teenager reported the conduct to another staff member, but no action was taken.

These are allegations contained in civil lawsuits and have not been established as findings of liability.

More Than 300 Claims Allege Abuse Across New Jersey’s Juvenile Justice System

The Bordentown allegations are part of a much larger body of litigation.

The Inquirer reports that more than 300 complaints have been filed in recent years by formerly detained people alleging sexual abuse by staff at New Jersey juvenile facilities. The alleged conduct spans decades and includes claims of sexual assault, coercive sexual contact, and inappropriate strip searches.

Earlier court filings seeking coordinated treatment of the litigation described claims against the State of New Jersey involving alleged abuse by guards, counselors, nurses, teachers, and other staff. Those plaintiffs have alleged negligence, negligent training and supervision, negligent retention, failures to implement and enforce adequate protections against sexual abuse, and violations of rights under the New Jersey Constitution.

The New Jersey Supreme Court subsequently permitted numerous cases involving alleged sexual abuse in state-operated juvenile detention facilities to proceed as multicounty litigation, allowing cases involving common factual and legal issues to be coordinated.

When Abuse Happens in State Custody, the Investigation Goes Beyond the Individual Abuser

When a child is sexually abused by a staff member in a detention facility, determining what happened is only part of the investigation.

The institutional questions can be just as important:

• Were there earlier complaints involving the same employee?
• Did supervisors receive reports or warnings about inappropriate conduct?
• Were complaints actually investigated?
• Did staffing practices allow employees to isolate children without adequate oversight?
• Were background checks and employee screening adequate?
• Did supervisors enforce policies governing searches and interactions between staff and detained youth?
• Did the facility preserve surveillance footage, grievance records, personnel files, and investigative reports?
• Were employees disciplined, transferred, terminated, or allowed to continue working with children after complaints?
• Did failures in training, supervision, reporting, or institutional policy allow abuse to continue?

Those questions can determine whether the evidence points beyond an individual employee to failures in the institution responsible for protecting the child.

Federal Prison Rape Elimination Act standards apply to juvenile detention facilities and establish requirements intended to prevent, detect, and respond to sexual abuse and sexual harassment in confinement settings.

New Jersey also maintains an Institutional Abuse Investigation Unit responsible for investigating allegations of child abuse and neglect in out-of-home settings, including detention centers.

Why Children in Detention Are Particularly Vulnerable

A child in custody cannot simply leave an unsafe environment.

Staff members control movement, housing, discipline, privileges, access to personal property, and many aspects of a detained child’s daily life. That power imbalance can make sexual misconduct particularly coercive and can also make reporting extraordinarily difficult.

The Bordentown lawsuits illustrate that problem. One plaintiff alleges that an officer threatened additional criminal consequences if he resisted. Another alleges that she reported abuse to a staff member, but nothing was done.

Those allegations have not yet been proven, but they demonstrate why meaningful reporting systems and independent investigation are critical in juvenile facilities.

A policy prohibiting sexual abuse means little if children reasonably believe reporting misconduct will expose them to retaliation, punishment, disbelief, or further contact with the person they have accused.

Survivors May Come Forward Years After the Abuse

Childhood sexual abuse is not always disclosed immediately. A survivor may remain silent because of fear, shame, threats, trauma, or a belief that no one will believe them.

Those barriers can become even more pronounced when the alleged abuser is a correctional officer or another authority figure and the child is confined in a government facility.

New Jersey law recognizes that reality. For certain civil claims arising from sexual abuse suffered as a minor, state law generally permits an action to be brought within 37 years after the survivor reaches adulthood, effectively until age 55, or within seven years of reasonable discovery of the injury and its relationship to the abuse when that period extends later. The application of any statute of limitations depends on the individual circumstances, so survivors should not assume that an older claim is automatically barred.

Evidence That Can Matter in a Juvenile Detention Abuse Case

Claims involving institutional sexual abuse can require investigation well beyond a survivor’s own account. Potential evidence may include:

• Personnel and disciplinary records
• Prior complaints against staff members
• Internal investigations
• Incident and grievance reports
• Surveillance video
• Housing and staffing assignments
• Shift schedules
• Search records and policies
• PREA reports and audits
• Training materials
• Emails and other internal communications
• Medical and mental health records
• Records showing whether supervisors knew of earlier allegations

Evidence involving other complaints may also help determine whether an institution had prior notice of dangerous conduct and what it did in response.

For survivors and their families, preserving documents, identifying witnesses, and establishing where and when the abuse occurred can be important first steps in evaluating a potential claim.

Accountability for Sexual Abuse in Juvenile Detention Facilities

Children do not lose their right to safety because they have entered the juvenile justice system. When the government takes custody of a child, the adults given authority over that child have extraordinary power and responsibility.

The allegations emerging from Bordentown now add to hundreds of claims involving New Jersey’s juvenile facilities. As those cases move through the courts, the litigation may provide further information about what state officials knew, how complaints were handled, and whether institutional failures allowed abuse to occur or continue.

McEldrew Purtell represents individuals and families in serious civil rights cases involving abuse and misconduct by people acting under government authority. These cases require careful investigation of both the individual conduct and the policies, supervision, reporting systems, and institutional decisions surrounding it.

If you or a family member experienced sexual abuse while confined at a New Jersey juvenile detention facility, including the Juvenile Medium Security Facility or Juvenile Female Secure Care and Intake Facility in Bordentown, you can contact McEldrew Purtell for a confidential consultation. Our attorneys can evaluate the circumstances, investigate available evidence, and discuss potential legal options.

Attorneys evaluating a potential juvenile detention abuse matter are also welcome to contact us to discuss a referral or co-counsel opportunity.