Nevada Youth Training Center Sex Abuse Lawsuits

This page will look at sex abuse lawsuits involving juvenile inmates at the Nevada Youth Training Center (NYTC).

Like other juvenile detention facilities in Nevada and across the country, sexual abuse and mistreatment of juvenile inmates has been a major problem at NYTC. The Nevada Division of Child & Family Services (DCFS) has been negligent in its effort to protect inmates at NYTC. As a result, victims are now filing civil lawsuits against the state and DCFS

If you have a potential sex abuse lawsuit against Nevada Youth Training Center, contact our Nevada sex abuse lawyers today at 800-553-8082 or get a free online consultation.

About Nevada Youth Training Center

Nevada Youth Training Center (NYTC) is a juvenile detention and correctional facility located in Elko, Nevada. NYTC was first established back in 1915 and has been in continuous operation ever since.

The NYTC facility includes seven separate housing units for juveniles who have been committed to the state for correctional care. The facility has three “cottages” that hold 16 youth who have graduated the Reception and Classification Cottage. NYTC has the capacity to serve up to 160, but currently is only legislatively funded for 60 youth ages 12 to 18.

NYTC is currently operated by the Nevada Department of Health and Human Services – Division of Child and Family Services (DCFS). DCFS has full operational control and authority over NYTC and staff members are DCFS employees.

Sexual Abuse of Juvenile Inmates at NYTC

A recent series of investigations and reports have revealed that sexual abuse of juvenile inmates at NYTC has been a pervasive problem for many years. NYTC had been operated in a way that left its juvenile inmates highly vulnerable to abuse and assault by staff.

NYTC has been the subject of several major investigations by the U.S. Department of Justice. Back in the early 2000s, DOJ conducted an extensive investigation into allegedly negligent and abusive detainment conditions at NYTC. This investigation led to findings that NYTC was violating the constitutional rights of juvenile inmates.

How Is Sexual Abuse Defined?

As a practical matter, sex abuse can range from groping to forcible rape. The 2 key elements that must be present to meet the definition of sexual abuse are: (1) physical touching, and (2) lack of consent.

The first element of sex abuse is physical touching. To constitute sexual abuse or assault there must be actual physical contact of a sexual nature. Verbal sexual harassment is not enough.

The second element of sexual abuse or assault is the absence of consent. Lack of consent is the key element that defines all categories of sexual assault. If the sexual touching is not consensual it is automatically abuse or assault. Minors (anyone under the age of 18) lack the legal capacity to give consent, which means any sexual touching by an adult with a minor is necessarily considered sexual abuse.

Sex Abuse Lawsuits Against NYTC

DCFS has a legal duty to ensure that juvenile inmates at NYTC are reasonably safe from sexual assault and abuse. This includes an obligation to properly screen staff members and provide adequate supervision for those staff members. Any juvenile inmate who was sexually abused at NYTC can file a sex abuse lawsuit against the state of Nevada and DCFS. Plaintiffs who bring a successful sex abuse lawsuit against DCFS can get significant financial compensation.

Thanks to various investigations by government authorities and other sources, there is now a growing collection of evidence establishing that there was pervasive and systemic negligence in the operation and management of NYTC. This negligence directly allowed a culture to develop in which juvenile inmates at the facility were at risk of sexual abuse and assault. DCFS negligently failed to adopt safeguards and other measures that could have protected inmates from abuse. DCFS and its administrators also ignored reports and formal complaints of abuse by juvenile inmates or negligently failed to investigate.

How to Prove a Juvenile Detention Sex Abuse Case Against NYTC

Plaintiffs will need to develop certain proof and evidence in order to bring a successful negligence case against the state of Nevada and/or DCFS for failing to protect juvenile inmates from sexual abuse. There are at least 3 key facts that any plaintiff will need to establish in an NYTC sex abuse lawsuit:

Proof of Incarceration: The plaintiff will need to prove that they were actually an inmate at the facility during the time when the alleged assault occurred. This initial threshold requirement is mainly aimed at weeding out false claims. Initially, most victims will only have their own memories of when they were at NYTC. That is enough to file the case, but at some point documentary evidence of their incarceration should be obtained.
Proof of Sexual Assault or Abuse: The key element for any sexual abuse lawsuit is obviously proving that the victim was sexually abused or sexually assaulted while at NYTC. In most cases, the only proof that the abuse occurred will be the testimony of the victim. That is certainly more than enough, but additional evidence to corroborate the victim’s testimony will be extremely beneficial. This could include testimony from eyewitnesses or other victims.
Proof of Negligence: The final element that victims will need to prove is that DCFS was negligent and that its negligence directly led to the sexual abuse of the victim. Even if the victim can prove beyond a doubt that they were sexually abused while at NYTC, they will still need to establish that this abused was the result of negligence on the part of DCFS. The simplest and strongest proof of negligence in this cases will be if the abuser was a staff member and the plaintiff can show that DCFS knew or should have known that they were a potential danger to juvenile inmates. This can be based on evidence of prior complaints about the abuser, or other actions that should have been red flags. In many cases, however, the identify of the actual abuser might be unknown, so the victim will need to establish evidence of more general, systemic level negligence at NYTC.

Identifying the Abuser

Many victims of sexual abuse at NYTC or other juvenile detention facilities may not actually know the full name and identity of the individual that sexually assaulted them. This is particularly true in cases where the abuse occurred many years in the past. The victim may know that the abuser worked at NYTC, but often will not know their name or what their job title was.

Victims do NOT need to know the name and identity of their abuser in order to bring a successful civil lawsuit for sexual abuse at NYTC. At a minimum, however, the victim will need to provide a general physical description and other details regarding the abuser. In some cases, that information can be used to identify the abuser through information obtained during discovery.

Although identifying the abuser (or abusers) is not necessary to bring a successful case, naming the abusers will definitely make a case much stronger. This is particularly true if the abuser was someone who had a long history or track record of issues at the facility, such as prior complaints of abuse or inappropriate conduct. Naming an abuser who was subsequently charged with criminal sex offenses will also make a strong case.

Compensation for NYTC Sex Abuse Cases

Victims of sexual abuse at NYTC can get financial compensation for the emotional pain and suffering caused by the abuse. Settlement values in these types of cases can easily be several hundred thousand or more. Below are some of the primary factors that impact the settlement value of these cases.

Identified Abuser: If the victim is able to name their individual abuser and develop evidence that administrators at NYTC knew about prior issues with that individual, it will make a very strong case.
Nature and Severity of Abuse: The nature and level of severity of the acts of sexual abuse is the most compelling factor in determining the value of case. Cases involving very severe or violent acts of abuse over long time period have a higher value.
Impact on Victim: If the victim can show that the sexual abuse had a negative long term impact on his or her life it will push the settlement value higher.
Age: If the victim particularly young and more vulnerable at the time that the abuse occurred, it will usually drive the settlement value of the case higher.
Evidence: Most abuse cases are supported only by the testimony of the victim. However, if the victim has other proof to substantiate their claims it can increase the value of the case.

Contact Us About NYTC Sex Abuse Lawsuits

If you were sexually abused at the Nevada Youth Training Center, call our sex abuse lawyers at 800-553-8082 or contact us online for a free case evaluation.