Federal rules have set specific protections against sexual abuse in juvenile facilities for more than a decade. The most recent national survey of youth in custody, from 2018, found that 7.1% of youth reported sexual victimization in the past year. Most of those reports involved staff. The Bureau of Justice Statistics said it did no work on a new youth survey in 2025.
The PREA standards for juvenile facilities
The Prison Rape Elimination Act of 2003 led to national standards at 28 C.F.R. Part 115. Subpart D, starting at section 115.311, applies to juvenile facilities. Under these rules, a juvenile generally means a person under 18, unless the person is under adult court supervision and held in a prison or jail. Some of the key rules are:
- Each facility must have a staffing plan that considers blind spots, the youth it holds, and past findings of inadequacy.
- Secure juvenile facilities must keep at least one security staff member for every 8 youth during waking hours and every 16 during sleeping hours, except in documented emergencies. Facilities had until October 1, 2017, to comply.
- Youth must have several private ways to report abuse, including at least one office outside the agency. Staff must accept reports made verbally, in writing, anonymously or by third parties.
- There is no time limit for a grievance about sexual abuse. A parent or legal guardian may file one, including appeals, without the youth’s agreement.
- Sexual abuse by staff includes sexual contact “with or without consent” of the youth.
What the 2018 youth survey found
The Bureau of Justice Statistics (BJS) runs the National Survey of Youth in Custody (NSYC). Its third round was conducted from March to December 2018 in 327 facilities, and 6,049 youth completed the sexual victimization survey. The report was released in December 2019.
- 7.1% of youth reported sexual victimization in the prior 12 months, down from 9.5% in 2012.
- 5.8% reported sexual misconduct by facility staff, down from 7.7% in 2012.
- 1.9% reported sexual victimization by another youth involving force or coercion.
- Male youth (6.1%) were more likely than female youth (2.9%) to report staff sexual misconduct. Female youth (4.7%) were more likely than male youth (1.6%) to report forced or coerced victimization by another youth.
- Of 113 facilities with enough interviews to be ranked, 12 were identified as high-rate and 14 as low-rate.
BJS also found that 3.9% of youth reported sexual contact with staff that did not involve force, threats or coercion. Under the federal definition, that contact is still sexual abuse. Survivors of this kind of abuse often do not see it as abuse until years later.
What the survey can and cannot show
The NSYC is based on what youth report. It is not a set of court findings, and individual reports are not investigated. Facility rankings are estimates. Still, federal investigators have used the survey as evidence of notice. In its 2024 findings on Texas juvenile facilities, for example, the Justice Department pointed to the 2019 report’s high rates at three facilities.
According to BJS’s 2025 summary of its PREA work, the NSYC has been conducted three times, in 2008–09, 2012 and 2018, and BJS did not conduct any NSYC activities in 2025. That means the most recent national, youth-reported data are now several years old.
Why this matters in a civil case
In a civil case, a facility’s compliance with the PREA standards can be important evidence. Staffing below the required ratios, missing reporting options or ignored grievances can help show what a facility knew and failed to do. The standards themselves mainly set rules and funding conditions, so claims are usually brought under other federal or state laws. Our page on juvenile detention center sexual abuse explains those claims in more detail.
What this means for survivors
If you were sexually abused in a juvenile facility, it was not your fault, even if the staff member seemed kind or you did not resist. Many survivors come forward as adults. Deadlines and notice rules vary by state and by who ran the facility. A lawyer can review the specifics. You can learn more on our sexual assault and abuse page.
This article is general information about how these cases work. It is not legal advice, it does not create an attorney-client relationship, and no two claims are alike. If something here sounds like your situation, the useful next step is a conversation about the facts.
