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Representing Survivors of Sexual Abuse at Casa San Diego

Casa San Diego is a temporary holding center for unaccompanied minors near the border between California and Mexico. An investigation by the U.S. Justice Department found numerous instances of neglect and abuse at several facilities run by Casa San Diego’s parent company, Southwest Key.

Given the widespread nature of the complaints, there may be victims from Casa San Diego as well. These children often have no advocates when they are found near the border, and if they suffer sexual abuse while staying at Casa San Diego, they may not come forward for years.

The Injury Lawyer Team offers legal support for survivors of sexual abuse who were mistreated by workers, volunteers, or law enforcement authorities while staying at Casa San Diego. Schedule a free consultation with our experienced attorneys today.

Settlements Recovered by Our Legal Team

Our legal team has worked with many sexual abuse survivors and their families in the past. We know what it takes to build a strong case to hold the abusive party accountable for their actions. Here are some settlements we have secured in the past:

$6 million in a child abuse lawsuit that involved ongoing abuse at an after-school activity center
$15 million for several boys who were groomed and abused by a private school coach
$1.16 million for a teen who was assaulted by a guard at a youth detention center
$4 million for multiple boys who were sexually abused by the leader of a religious group
$3 million for a man who was abused by clergy as a child

About Casa San Diego

Casa San Diego (operated by Southwest Key Programs)

El Cajon, CA

Casa San Diego is a temporary juvenile detention center that is available for unaccompanied minors near the California-Mexico border. It has roughly 65 beds and can provide educational programs, mental health treatment, and residential treatment.

Most children spend an average of 45 days at Casa San Diego before they are reunited with their families or put into the foster care system. The residents at this center are typically short-term juvenile detainees and post-adjudication youth.

Casa San Diego Sexual Abuse Allegations

Children staying at Casa San Diego are particularly vulnerable to abuse. Since they are unaccompanied by adults, they often have no one to advocate for them. This can lead to workers at the facility or other adults taking advantage of them.

A lack of supervision and insufficient employee screening can lead to the issues reported at other Southwest Key facilities. The Justice Department found that employees failed to follow company policies related to reporting abuse. In cases where the abuse was reported, little to nothing was done.

Legal help for survivors of sexual abuse at Casa San Diego

How Our Legal Team Can Help Victims of Casa San Diego

The Injury Lawyer Team can play a significant role in holding facilities like Casa San Diego accountable. We have worked with past victims of youth detention center sexual abuse, including a teen who was assaulted by a guard. Our firm secured a settlement of $1.16 million for the victim in that case.

We can assist with your legal claim in several ways. First, we will conduct a thorough investigation of the incident, even if it occurred years ago. The Injury Lawyer Team will gather documentation, speak to witnesses, obtain footage or photos, and help you file the claim.

We are also equipped to negotiate aggressively for fair compensation. If necessary, we will represent you in civil court. Our legal experience is vital for San Diego juvenile detention center sexual abuse lawsuits.

We can help you file claims against facilities such as:

Understanding Sexual Abuse Under California Law

Many laws and legal definitions cover sexual abuse in California.

For example, sexual battery usually involves touching an intimate part of another person without their consent. A person who is institutionalized, medically incapacitated, seriously disabled, or a minor cannot give their consent. Statutory citations for sexual battery are governed by California Penal Code §§ 243.4, 269, 288.7, 1170.

Another offense is known as unlawful sexual acts procured by fraud or false pretenses. Sexual acts that come about by inducing fear in another are considered illegal. In these cases, the fear causes the victim to act against their free will. California Penal Code §§266c applies to this type of case.

Any intentional and sexually motivated contact falls under the category of sexual abuse. Since minors cannot give consent for sexual contact in California, this violation is automatically considered illegal in a juvenile detention center setting. There is a significant power imbalance between workers or adults and youth in these centers, so strict liability applies.

Patterns of Abuse and Negligence at Casa San Diego

There are many reasons why sexual abuse and negligence can thrive in a facility like Casa San Diego. First, consistent failures in the facility’s hiring practices can put unqualified adults in positions of authority.

As mentioned previously, some employees have reported improper reporting practices for abuse allegations and a lack of investigative work. Victims who have been silenced or ignored are less likely to come forward in the future, which can create an environment that becomes increasingly dangerous.

Some specific failings that have occurred at facilities like Casa San Diego include staff sexual misconduct, administrative cover-ups, fear tactics, and known abusers being ignored. In some cases, high-risk staff are not monitored as they should be. These widespread institutional issues have turned these facilities into unsafe environments for unaccompanied minors.

Filing a Claim for Abuse at Casa San Diego

Abuse can come from many sources inside a juvenile detention center. Staff, guards, medical personnel, and mental health professionals could all be involved in unwanted sexual acts with the children at Casa San Diego. Some abuse may even be perpetrated by other residents at the facility if there is a lack of supervision.

Filing an abuse claim can be difficult for a sexual abuse survivor, especially with psychological barriers like fear, shame, and potential retaliation. If these circumstances are present, there has been an institutional failure to prevent abuse and neglect.

California Child Victims Act and Statute of Limitations

The California Child Victims Act, also known as AB 218, has significantly improved the ability of child sexual assault survivors to pursue damages.

Section 340.1 of the bill states that victims can take legal action for child sexual assault within 22 years of the date they reached the age of majority. This bill also states that you could file a civil claim until your 40th birthday, or within five years of discovering the abuse.

Additionally, if a victim can prove that their sexual assault was part of a cover-up, they can recover treble damages unless another law prohibits it. The delayed discovery rule states that plaintiffs could delay the start date of the statute of limitations if they only discovered later that a negligent action caused an injury.

Understanding these laws and how they impact your case can be challenging. A California juvenile detention center sexual abuse attorney can help you navigate these complexities to seek compensation.

Holding Casa San Diego and San Diego County Legally Accountable

Multiple parties may be liable for sexual abuse in a Casa San Diego case. The abuser is the primary party that can be held accountable with a civil lawsuit. It may also be possible to sue the facility operator, a government agency (San Diego County Probation Department), employers, or contracted service providers.

These parties could be liable for your suffering due to poor training practices, insufficient supervision, ignored complaints, or other examples of neglect.

Eligibility for Filing a Lawsuit

Determining your eligibility for a sexual abuse claim against Casa San Diego depends on several factors. First, you must have suffered abuse or neglect at the facility in question. The perpetrator must have been a staff member, fellow resident, or affiliated worker at the center.

Victims can still file abuse claims even if their abusers are deceased. Civil lawsuits are separate from criminal proceedings, so there does not have to be a criminal process occurring to hold the abuser accountable through civil action. If you are uncertain about the new statute of limitations laws, your attorney can help you understand if you are eligible to file a claim for past abuse.

Types of Compensation Available

There are two primary reasons to file a sexual abuse claim for juvenile detention center mistreatment: to hold the facility accountable and to recover legal damages. The two types of legal damages are economic and non-economic.

Economic losses can include lost income, lost career potential, medical costs, therapy bills, and psychological care expenses. Non-economic damages can include emotional distress, trauma, pain and suffering, and loss of enjoyment of life.

What Impacts Your Settlement Amount?

Your maximum settlement amount will depend on several factors. The severity and nature of the abuse could result in more compensation, especially if the behavior was prolonged or particularly violent. Repeated abuse and long-term exposure can increase liability, resulting in a higher payout.

Your case will depend heavily on the type of evidence you can provide, such as medical reports, witness statements, and facility documentation. If there is proof of negligence or a cover-up, this will also increase the value of the case. Long-term health effects, such as PTSD, depression, or lost career prospects, will increase your settlement as well.

Every sexual abuse case is unique, so you can discuss the potential settlement with your San Diego sexual abuse attorney.

Book a Free Consultation

The Injury Lawyer Team is prepared to support your pursuit of justice after experiencing mistreatment at Casa San Diego. Our firm knows what it takes to secure maximum compensation to cover your legal damages, whether the abuse occurred this year or fifteen years ago. We offer a contingency fee agreement, so you owe nothing unless we win.If you are ready to speak to a California sexual abuse lawyer, call us today at 866-757-6452 or complete the online form to book a free and confidential consultation.