In a closely watched case, the first criminal trial connected to the Sununu Youth Services Center abuse scandal began Monday in New Hampshire.
Former youth counselor Victor Malavet, 62, stands accused of sexually assaulting a 15-year-old girl while she was detained at the state-run Youth Detention Services Unit (YDSU) in Concord in 2001.
The trial marks a significant development in a five-year investigation into widespread allegations of abuse at New Hampshire youth facilities, though Malavet is the only defendant in this case who did not work at the Sununu Center, formerly known as the Youth Development Center (YDC) in Manchester.
Prosecutors have charged Malavet with 12 counts of aggravated felonious sexual assault, accusing him of repeatedly raping the girl while she was in state custody.
Assistant Attorney General Audriana Mekula described Malavet as someone who exploited his authority to manipulate and sexually abuse the girl in isolated areas of the facility, including a candy closet, storage room, and TV room.
“This defendant took exactly what he wanted,” Mekula said during opening statements. “He raped a child, a child locked away in a detention facility, isolated from her family and the outside world.”
Malavet’s defense attorney, Maya Dominguez, countered that the accuser, now 39, fabricated the allegations as part of a broader effort to secure financial compensation from the state. \
The accuser is among over 1,100 former residents suing the state over alleged abuse spanning six decades.
“She has a million-dollar motive to lie,” Dominguez argued. “Money can change almost anything—memory, motive, and even morality—but not the truth.”
The trial has also highlighted the challenges of prosecuting cases involving incidents that allegedly occurred decades ago. The defense contends that the allegations originated from another girl seeking to cause trouble for the accuser, and pointed out that the accuser initially told investigators she had no inappropriate contact with Malavet.
The prosecution’s first witnesses included a former friend of the accuser who testified to witnessing inappropriate behavior between Malavet and the girl, including what appeared to be sexual touching.
Another witness, former staffer Evelyn Clark Smith, testified that she reported Malavet after observing him feed shrimp to the girl in a suggestive manner and seeing her lick sauce off his finger.
The case has drawn attention due to its connection to broader allegations of abuse at the Sununu Youth Services Center. Eight other former employees face criminal charges related to abuse at the Manchester facility.
A tenth defendant was deemed incompetent to stand trial, and an eleventh died last month. The investigation has revealed a troubling history of alleged abuse at New Hampshire’s youth detention centers, leading to lawsuits and civil claims.
In one civil case, a jury awarded $38 million to David Meehan, who claimed he was abused at the Youth Development Center in the 1990s.
That verdict, which is still in dispute, underscores the complex legal landscape as the state grapples with both prosecuting alleged offenders and defending itself against civil claims.