A former Don Dale detainee is suing the Northern Territory government over claims he suffered repeated child sexual abuse by a medical officer, a social worker and a guard while detained at the youth detention centre.
The Indigenous man, who was a teenager at the time of the alleged abuse, claims he suffered sustained sexual abuse from three members of staff at the Don Dale youth detention centre during his incarceration between 2004 and 2007.
The man’s lawyer, Heather Kerley from law firm Maurice Blackburn, said the alleged abuse was “sustained and repeated” and they were seeking “significant compensation”. She declined to cite a potential figure, saying the case was still in its early stages.
“It wasn’t, unfortunately, one isolated, opportunistic moment of abuse. What this case demonstrates is it was systemic abuse perpetrated by a number of people on more than one occasion,” Kerley told Guardian Australia. “It highlights a real issue with how Don Dale was operating at that time.
“That [alleged] abuse consisted of grooming behaviours, as well as acts of penetration, and occurred on repeated and sustained occasions during his periods of incarceration at Don Dale.”
Kerley said the alleged abuse had severely affected her client’s life and wellbeing throughout his adolescence and adulthood and contributed to him ending up in the adult justice system.
In a statement of claim filed in the Northern Territory supreme court, the former detainee alleges the abuse occurred during 12 separate incarceration periods.
Lawyers allege the NT government had a clear duty of care to the then-teenage boy and they failed to protect him from the alleged abuse while in their care.
The NT government has been contacted for comment.
The man alleges he was abused by a medical officer and was unable to refuse any examination by the officer under the relevant youth justice act.
The statement of claim alleges the detainee was always ordered to remove his clothing “regardless of the reasons behind the appointment”, and while the plaintiff was naked the medical officer touched and fondled his genitals, buttocks and thighs.
The document says the teenager was told not to tell anyone about the alleged abuse and told “words to the effect of ‘what happens in here stays in here’”. The former detainee does not recall the exact dates of the abuse or the names of the alleged perpetrators.
According to the document, the boy disclosed the medical officer’s alleged abuse to a youth justice officer but claims the officer “dismissed” it without investigating the reports further.
The document then details further allegations of abuse, by a youth justice officer who supervised the teenager while on kitchen duty and laundry duty, and alone while inside his cell during work hours.
He alleges the youth justice officer committed a number of child sexual abuse acts against him including pushing his body against the plaintiff , pressing his buttocks against his groin, saying words to the effect of “that feels good”, performing fellatio and forcing him to have sexual intercourse.
The document claims the guard told the boy not to tell anyone about the alleged abuse and that the boy was threatened with punishment.
The statement of claim alleges the abuse was known or suspected by another guard at the centre, claiming the alleged victim was told by another guard that he “knew what they were up to”.
The document said the teenager sought help from a social worker, and that the social worker – who was employed by Don Dale – allegedly sexually abused him on “repeated and regular occasions” and told him to keep the abuse secret.
The document claims the social worker performed fellatio on the teenager and that the boy was forced to perform other sexual acts.
“On at least one occasion the social worker said words to the effect: ‘what is happening between us must remain only between us because if anyone found out it would ruin my life. I am helping you and you have to help me.’”
The firm is also representing nine other clients who were former detainees at the youth detention facility who also claim they were physically and sexually abused while detained as young people between 1994 and 2017.
Kerley believes there could be other alleged survivors of abuse and is urging them to come forward.
“We do expect that, given the systemic nature that has been divulged to us through our clients, that there are other survivors out there,” she said. “And we do strongly encourage them to come forward and speak up.”
• Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 802 9999. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html
