by Helena Heist, Underserved Populations Intern
Sexual assault is a crime. When sexual violence occurs in a juvenile correctional facility, care must be taken when investigating to ensure that the survivor will be supported and because there are additional administrative procedures that apply. When a juvenile correctional officer or administrator investigates an alleged incident of sexual violence victimization, they must assess the allegations and, depending on the evidence presented to determine the validity of the claim. These incidents will be classified into one of the following categories: substantiated (determined to have occurred), unsubstantiated (lacking sufficient evidence for determination), or unfounded (determined to have not occurred).
After the release of a special report on sexual victimization in juvenile facilities reported to correctional authorities by The Department of Justice (DOJ) Bureau of Justice Statistics (BJS), it was revealed that during a six year period (2013-2018), nationwide there were 12,060 reports of sexual victimization of a minor in state-run, locally operated, and private juvenile facilities. In instances of staff-on-youth sexual violence victimization, otherwise defined as staff perpetrated abuse, only 8% of allegations made are substantiated (DOJ 2021). This staggeringly low number of validated cases raises concerns related to the barriers juvenile victims may face when reporting such incidents.
The DOJ-BJA report does not directly address this concern or the possible implications it has on the supervision of correctional staff in juvenile facilities. Instead, the DOJ concludes that in 64% of substantiated reports, the victim “appeared to be willing” to engage in a sexual relationship with a staff member (DOJ 2016). This highlights the difficulty of these cases. A sexual relationship between a minor and adult in a correctional facility cannot be consensual.
Service providers who work closely with juvenile survivors need to understand survivors' individual needs and their past life experiences. Trauma presents differently amongst victims, especially those with previous history with some form of abuse, violence, or safety risks. According to clinical psychologist Dr. Baetz, there are limited scholarly studies studying the most effective trauma-informed care (TIC) interventions, but numerous jurisdictions in the United States are beginning to apply some of the principles of the practice in juvenile corrections facilities. The Substance Abuse and Mental Health Services Administration (SAMHSA) identified four key assumptions to aid service providers in implementing TIC;
Prioritizing safety and self-regulation over punishment could dramatically impact a child’s future. Implementing a TIC approach to providing services to juvenile survivors is essential to creating a separate environment from the facility that can promote rehabilitation instead of retribution.
Juvenile detention supervisors are directly responsible for the safety of the youth in their care. Supervisors have an obligation to provide guidance to these youth, and to protect them from further harm against themselves or others (Branson et. al 2017). If the power they hold is abused, it can become detrimental to the health and progress of a juvenile. In fact, supervisors are the highest demographic of staff-on-youth victimization. Over 80% of reports investigated by the DOJ between the years of 2007-2012 were allegedly perpetrated by supervision staff (DOJ 2016). It should be alarming to victim advocates and service providers alike that individuals trusted with the care of a child who needs healing, safety, and advocacy are all too commonly the ones to exploit and victimize the same minors who rely on their guidance.
There is no standard definition of trauma-informed care (TIC), yet it has broadly been adopted as a call to action. TIC is recognizing that those in the juvenile justice system likely have previous experiences of trauma. TIC approaches trauma uniquely, as it goes beyond standard mental health treatment and seeks to create a transformative and safe environment for the child to thrive and heal. Prioritizing safety and self-regulation over punishment could dramatically impact a child’s future.
Utilizing TIC can be a valuable asset to investigating reports of sexual victimization within correctional facilities. By adapting the process to best fit the needs of the survivor, an opportunity to close the gap between substantiated and unsubstantiated or unfounded staff-on-youth victimization reports may appear.
References
Baetz, C., et. al, Impact of Trauma-Informed Intervention for Youth and Staff on Rates of Violence in Juvenile Detention Settings, (2021) Journal of Interpersonal Violence. Retrieved from here.
Branson, C.E. & Hoagwood, K., (2017) Trauma-Informed Juvenile Justice Systems: A Systematic Review of Definitions and Core Components, National Library of Medicine. Retrieved from here.
Department of Justice (DOJ) Bureau of Justice Statistics (BJS), Sexual Victimization Reported by Juvenile Correctional Authorities 2007-2012, 2016, Executive Agency Publications. Retrieved from here
Department of Justice (DOJ) Bureau of Justice Statistics (BJS), Sexual Victimization Reported by Juvenile Correctional Authorities 2013-2018, 2021, Executive Agency Publications. Retrieved from here.
Maryland Coalition Against Sexual Assault (MCASA), Sexual Assault Victim Advocate Fundamentals Training Session on Crisis Intervention and Advocacy (2025). Retrieved from here.
National Prison Rape Elimination Commission, Standards for the Prevention, Detection, Response, and Monitoring of Sexual Abuse in Juvenile Facilities, 2019, National Insitutue of Corrections. Retrieved from here.
Substance Abuse and Mental Health Services Administration, Practical Guide for Implementing Trauma-Informed Approaches, 2023, SAMHSA. Retrieved from here.
