A 12-year-old boy was allegedly raped and sexually assaulted by a guard he considered a "father figure" during a strip search at a juvenile detention centre in Western Australia in 2005. The victim's lawyer is preparing to sue the local government for allegedly breaching its duty of care and negligence causing physical and psychiatric injury.
The unnamed victim, who is now serving time in an adult prison, was incarcerated at the Banksia Hill juvenile detention centre when the reported attacks took place. He told his lawyer, Peter Subramaniam of Chamberlains Law Firm, that he was abused twice at the now-closed facility.
Alleged abuse during strip search
According to The Guardian, one of the alleged assaults occurred when the boy was ordered to undergo a strip search by a guard. The guard, who the victim believed would protect him and "loved him", reportedly ripped his clothes off before attacking him.
The victim told his lawyer: "It was just very complicated I just felt very hurt, very betrayed." He added that the alleged abuse was "brutal" and "hectic".
Legal response and broader concerns
In response to the claims, a spokesperson for the Western Australia Department of Justice said it would be inappropriate to comment as the matter was subject to an ongoing legal process. The department added that it "takes allegations of abuse of young people very seriously".
Mr Subramaniam said he has seen a growing number of alleged sexual attacks on children in state custody from 1986 to 2016, with 22 cases concerning people who were reportedly sexually abused in the Western Australia youth detention system.
Criticism of detention facilities
Denis Reynolds, former president of the Children's Court of Western Australia and its longest-serving judge, previously said: "The machinery of government in WA fails children and particularly vulnerable children." He added that the Banksia Hill facility was not "fit for purpose" and that the government and department had "lost their way and no longer consider and treat children as children but rather treat them as adults."
Mr Reynolds continued: "The concept that trusting relationships between detainees and detention staff is the best means of security and essential for rehabilitation is no longer applied." He also noted a "serious lack of transparency on how child protection and youth justice, including detention facilities, operate", which was "highly undesirable and unacceptable", adding: "It can and does lead to bad practice and bad culture which are difficult and time consuming to correct."
