First criminal trial in connection with the YDC scandal begins

The first criminal trial in the Youth Development Center abuse scandal began Monday morning. A prosecutor told jurors that Victor Malavet repeatedly raped a 15-year-old girl in 2001 while he was employed by the state as a youth counselor. Malavet's defense attorney said the alleged victim had a “million-dollar motive to lie.”

The two sides made opening statements in Merrimack Superior Court, a major milestone in the YDC child abuse scandal that began more than five years ago and has led to over a thousand civil lawsuits and nine defendants, including Malavet.

Unlike the other defendants, Malavet is accused of committing 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 is alleged to have occurred.

Assistant Attorney General Audriana Mekula told the jury that Malavet groomed and abused the then 15-year-old alleged victim at YDSU in 2001.

“He invited her to Bible study. He read the Scriptures with her. He called her his 'sister in Christ,'” Mekula said.

The state alleges that Malavet raped the alleged victim multiple times in various locations at YDSU, including the “candy storage room.” Mekula told the jury that the alleged victim was too frightened to tell anyone about the abuse until recently.

But Malavet's attorney, Maya Dominguez, said Malavet's accuser fabricated the allegations to bolster her civil suit against the state. Dominguez told the jury Malavet's accuser had already taken out advance loans totaling more than $150,000 for her suit – money that Dominguez said the alleged victim would have to pay back if it turns out she lied.

“She can't come clean – she has to keep telling her story,” Dominguez said. “Money can change almost anything. It can change memories. It can change motives. It can even change someone's morals.”

Malavet's relationship with the alleged victim was the subject of an investigation in 2002 that resulted in Malavet's transfer to the Youth Development Center in Manchester, according to both attorneys, but did not result in criminal charges against him. According to Dominguez, the investigation was sparked by allegations from another YDSU resident that Malavet and the alleged victim had an inappropriate relationship. During the investigation, however, the alleged victim did not make any allegations against Malavet.

Malavet's accuser was charged as an adult in 2001 after she injured YDC staff with a metal pipe during an escape attempt. She was sentenced to ten years in prison.

The start of the criminal trial against Malavet has once again highlighted the complex and at times contradictory role of the state of New Hampshire in the YDC abuse scandal.

During the first civil trial, brought by David Meehan, the State attempted undermine Meehan's credibility as a victim by describing his criminal actions as a child and his mental illnessesIn prosecuting Malavet, the state's success may depend on how well it bolsters the credibility of the alleged victim's allegations against Malavet.