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Exclusive by Jano Gibson, illustrations by Randi Dahnial

Northern Territory government sued over claims of sexual and physical abuse at Don Dale Youth Detention Centre

It’s alleged the former detainee suffered significant psychological damage. (ABC News: Randi Dahnial)

It was a minor property offence that led to his first stint inside Don Dale.

WARNING: This story contains details of alleged sexual abuse.

But within three years, the Indigenous teenager had been in and out a dozen times and endured what he alleges was a "regime" where staff were able to sexually assault him with impunity.

"I feel violated and uncomfortable as a result of the abuse," the former detainee, who asked to remain anonymous, said in a signed affidavit.

Now aged in his 30s, he is suing the Northern Territory government, accusing it of failing to prevent "foreseeable risks of harm" during his time at Darwin's youth prison between 2004 and 2007.

In a statement of claim filed in the Northern Territory Supreme Court, he alleges the abuse was perpetrated by three separate individuals — a youth justice officer, a social worker and medical officer.

"I trusted my abusers as people of authority," he said.

"I [now] have difficulty trusting others."

The Don Dale Youth Detention Centre is set to close by early next year. (ABC News: Michael Franchi)

His lawyer, Heather Kerley from Maurice Blackburn, told the ABC the government had breached its duty of care and left her client psychologically damaged.

"What this case shows is that there wasn't [just] one opportunistic moment for one perpetrator of abuse," she alleged.

"There was systemic abuse against him on repeated occasions by multiple perpetrators in all different fields of the facility. That's a big problem."

Other detainees raise similar complaints

The man is not the only former detainee to come forward with historical allegations of sexual and physical abuse at Don Dale, as well as the Alice Springs youth detention centre.

Maurice Blackburn is currently representing nine former inmates who have raised complaints of a similar nature across a 23-year period between 1994 and 2017.

Those matters, which are yet to be lodged in the Supreme Court, include claims of sexual and/or physical abuse by both male and female staff, as well as by other detainees.

The allegations go further than the 2017 findings of the Royal Commission into youth detention in the Northern Territory, which said some detainees had been subjected to "inappropriate sexualised attention" from youth justice officers.

The latest claims emerging from the Northern Territory echo revelations by the ABC's 7.30, which last week reported that three youth justice workers at a Sydney facility had been convicted of historical sexual offences against detainees.

Lawyer Heather Kerley says claims of abuse have been made by multiple former detainees. (ABC News: Michael Donnelly)

'Our client was emotionally blackmailed'

Ms Kerley said her client cannot recall the names of the workers who allegedly abused him more than 15 years ago, but the court documents outline details of the allegations.

They say he sometimes worked alone in Don Dale's kitchen and laundry under the supervision of a youth justice officer.

He alleges that on repeated occasions the officer forced him to engage in sexual intercourse.

"The allegations are that the youth justice officer used that time when they were alone with our client to perpetrate abuse against him, which started with grooming behaviour before it progressed to more serious sexual abuse in areas such as the kitchen, the laundry, as well as his cell," Ms Kerley said.

The former detainee claims he was told by the officer not to tell anyone.

"Our client was emotionally blackmailed," Ms Kerley said.

"In this instance being told along the lines of, if he disclosed the abuse, it would ruin [their] career, ruin [their] family, ruin [their] life.

"Also, [they allegedly made] minor threats such as his time inside would be made harder."

The court documents say at least one other staff member suspected or knew of the alleged abuse.

"I know what you and [the youth justice officer] … are up to," the staff member allegedly said to him.

But nothing was done to protect him, the former detainee says.

The former detainee has filed a statement of claim in the NT Supreme Court. (ABC News: Randi Dahnial)

'What happens in here stays in here'

He claims an unnamed social worker also forced him to engage in sexual acts on "regular and repeated" occasions.

"The social worker exacerbated the child abuse … by telling [him] to keep the child abuse a secret," the statement of claim says.

The former detainee also alleges he was abused on several occasions by a medical officer who would get him to undress, regardless of the reason for his appointment.

"While [he] was naked … the medical officer touched and fondled the plaintiff's genitals, buttocks and thighs," the statement of claim says.

The medical officer, who is not named, allegedly told him words to the effect of, "What happens in here stays in here."

The former detainee said he complained about the behaviour to another youth justice officer, but that it was dismissed without investigation.

A class action of former Don Dale inmates prompted the NT government to place a cap on payouts for future similar civil cases. (ABC News: Demi Lynch)

Abuse blamed on policy failures

In 2021, the Northern Territory government paid out $35 million for the mistreatment of hundreds of former detainees following the settlement of a class action run by Maurice Blackburn.

The government subsequently put a $15,300 cap on future payouts for "civil wrongs" in custodial facilities.

But the compensation cap does not apply to allegations of sexual abuse, which were not part of the class action.

The former detainee says the government had inadequate measures in place to protect him during his incarceration at Don Dale.

"The defendant had in place a regime in which its members of staff were able to, and did, sexually assault the plaintiff when he was a vulnerable child in the care of [the government]," the statement of claim says.

As a result, he suffered a range of debilitating psychological and drug-related issues that have compromised his ability to maintain employment, the documents say.

Ms Kerley said her client would be seeking significant damages that could amount to hundreds of thousands of dollars, as well as an apology.

"My client unfortunately has spent much of his life in and out of jail," she said.

"His behaviour and offending following Don Dale, you can see a dramatic change in the level of offending.

"He's lost connections with his family [and had] difficulty maintaining relationships, especially romantic relationships."

The former detainee claims he was sexually abused by staff at Don Dale. (ABC News: Randi Dahnial)

Safety of children is our priority, government says

The allegations have not been tested in any criminal proceedings, where they would have to be proved beyond reasonable doubt.

Ms Kerley said in the civil case, her client would still have to prove to a judge that, on the balance of probabilities, the allegations were true.

She said her client would use the legal process known as "discovery" — where relevant documents are exchanged between the plaintiff and the defendant — to try to confirm the identities of the accused staff members.

The Northern Territory government declined to comment on the civil case.

However, a spokesperson said "the safety of children is always our utmost priority".

"Since 2016, when the management of youth justice was moved out of Corrections to [the Department of] Territory Families, Housing and Communities, significant changes have improved the safety and security of young people and staff within our youth justice centres," it said.

The spokesperson pointed to the introduction of Aboriginal health services to deliver independent, culturally-appropriate primary healthcare in detention facilities as another key improvement.

They also said the recommendations of the Royal Commission continue to be implemented, as well as the introduction of a therapeutic model of care to improve the rehabilitation of young people in the justice system.

Don Dale is expected to close once a new youth justice facility opens later this year or early next year.

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