Nearly one in five children in the U.S. experiences some form of sexual abuse — with research estimates ranging from 1 in 4 girls to 1 in 13 boys, depending on how abuse is defined. Children in foster care face an even higher probability of being sexually abused. A Johns Hopkins University study found that children in foster care are four times more likely to be sexually abused than their peers — and for children in group home settings, the rate can be as much as 28 times higher than in the general population. With nearly a third of all foster children experiencing some type of abuse or neglect, many experts question whether removing children from their own homes actually protects them. Unfortunately, even with intense services and close supervision, some of these homes are still unsafe. It is a sad fact that a child already victimized by sex abuse when he or she enters foster care is all too likely to be targeted again.

Increased Risk

Children do not have the psychological maturity to cope with sexual stimulation. When they are exposed to sex too early in their lives, children may develop certain behaviors that make them vulnerable to further sexual abuse. Although this may sound like blaming the victim, it does seem that children hurt by sex abuse can be easy prey for abusive foster parents as well as for other children in the home. Some of the factors that increase a victim’s risk of further sex abuse are:

Sex abuse conditions children to behave in ways that are often interpreted as inviting sexual activity.
Sexually abused children might expect adults to behave sexually with them.
Victims of child sex abuse may develop an early sexual awareness. As a result, physical pleasure may be associated with sex.
Sexually abused children may lack age-appropriate socialization skills, exposing them to rejection or victimization by their peers.
Abused and neglected children placed in foster care may have been subjected to serious emotional deprivation. These unmet needs may cause them to seek affection in inappropriate ways.

Foster Parent Abusers

A foster parent who sexually abuses one child in the home may repeat the behavior with other children. Risk factors for sex abuse by foster parents include:

Foster parents with no history of abusing their own children may feel less inhibited about sexual activity with non-biological children. Removal of the “incest taboo” may create an opportunity for sexual abuse.
Foster parents are in close, intimate contact with the children in their care, bathing and dressing them, disciplining them, and putting them to bed. This intimacy may stimulate sexual arousal in those who would not normally act on these feelings with their own children.
Foster fathers who resent their wives’ devotion to the children in their care may sexually abuse a child out of anger or for emotional and sexual gratification.
A foster parent may rationalize taking advantage of a sexually abused child by saying that the child has already had sex with at least one adult. These foster parents may convince themselves that further sexual activity will not harm the child.

Preventing Further Abuse

Many cases of sex abuse in foster care go unreported and uninvestigated, making prevention difficult. There are, however, certain measures that may help to curb further victimization of sexually abused children:

Thorough background checks and screening of foster parent applicants.
Special foster parent training in child sex abuse focusing on:
1. Normal childhood gender and sexual development.
2. Behavior of sexually abused children.
3. Causes of child sexual abuse.
4. Management of sexual behaviors in children.
Ongoing monitoring and unannounced home visits.
Encouraging open communication so children feel safe reporting abuse.

One of the long-term effects of sexual abuse in children is the risk of repeated abuse. But foster parents and the agencies that recruit, train, and supervise them still have a duty to keep these children safe from further harm.

Legal Rights of Foster Care Abuse Survivors in New York

If a child has been sexually abused in foster care, there may be legal remedies available under New York law. The New York Child Victims Act (CVA), signed into law in 2019, extended the statute of limitations for child sexual abuse civil claims — survivors now have until their 55th birthday to file a civil lawsuit. For criminal felony charges, the deadline was extended to age 28. Government agencies that place children in foster care have a legal duty to protect those children from foreseeable harm. County departments of social services and foster care agencies may be held accountable for failing to properly screen foster parents or monitor placements. Important deadlines to know:

Notice of Claim: Claims against a government entity in New York require filing a Notice of Claim within 90 days of the incident under General Municipal Law Section 50-e.
Civil lawsuit: Survivors of child sexual abuse have until age 55 to file a civil lawsuit under the Child Victims Act.
Criminal charges: Felony sexual abuse charges must be brought before the survivor turns 28.

If you or a loved one has been sexually abused in foster care, contact the attorneys at The Orlow Firm for a free initial consultation. Our founder, Steven S. Orlow, a former QCBA President (2008–2009) and Cornell Law graduate, and Managing Partner Adam Moses Orlow, former QCBA President (2022–2023), have decades of experience advocating for abuse survivors. For your convenience, we maintain four offices throughout New York City. Call (646) 647-3398 or contact us online.

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