The first criminal trial connected to the Youth Development Center abuse scandal got underway Monday morning, with a prosecutor telling jurors Victor Malavet repeatedly raped a 16-year-old girl in 2001 while he was employed by the state as a Youth Counselor, and Malavet’s defense attorney saying the alleged victim has a “million dollar motive to lie.”
The two sides delivered opening statements in Merrimack Superior Court in a major milestone for the YDC child abuse scandal, which began more than five years ago and has led to over one thousand civil lawsuits and nine criminal defendants, including Malavet.
Unlike the other criminal defendants, Malavet is accused of crimes at the former Youth Detention Services Unit in Concord, a separate but similar facility to the Sununu Youth Services Center (formerly YDC) in Manchester, where most of the abuse allegedly occurred.
Assistant Attorney General Audriana Mekula told the jury it was at YDSU that in 2001 Malavet groomed and then abused the then-16-year-old alleged victim for abuse.
“He invited her to Bible study. He read scripture with her. He called her his ‘sister in Christ,’” said Mekula.
The state claims Malavet raped the alleged victim several times in different locations at YDSU, including the “candy storage room.” Mekula told the jury the alleged victim was too scared to tell anyone about the abuse until recently.
But Malavet’s attorney, Maya Dominguez, said Malavet’s accuser concocted the allegations to support her civil lawsuit against the state. Dominguez told the jury Malavet’s accuser has already taken out advance loans on her lawsuit totalling more than $150,000 – money Dominguez says the alleged victim would have to pay back if she was found to have been lying.
“She can’t come clean – she has to keep telling her story,” said Dominguez. “Money can change almost anything. It can change memories. It can change motives. It can even change someone’s morality.”
Malavet’s relationship with the alleged victim was the subject of an investigation in 2002, which resulted in Malavet’s transfer to the Youth Development Center in Manchester, but no criminal charges, according to both attorneys. According to Dominguez, the investigation was prompted by allegations made by another YDSU resident that Malavet and the alleged victim had an inappropriate relationship. However, during the investigation, the alleged victim did not make any accusations against Malavet.
Malavet’s accuser was criminally charged as an adult in 2001 after injuring YDC staff with a metal pipe during an escape attempt and sentenced to 10 years in prison.
The start of Malavet’s criminal trial highlighted once again the complex and sometimes contradictory role of the state of New Hampshire in the YDC abuse scandal.
During the first civil trial, brought by David Meehan, the state sought to undercut Meehan’s credibility as a victim by highlighting his delinquent acts as a child and his mental health conditions. In prosecuting Malavet, the state’s case could depend on how well they bolster the credibility of the alleged victim accusing Malavet.
Correction: This story has been updated to reflect the correct age of the alleged victim, who was 16 at the time she says Malavet raped her.
