A LAWSUIT CONCERNING the alleged sexual assault of a nonverbal toddler was filed last week against a Fremont-based speech and behavioral therapy center and a behavioral health technician who worked there.
Benjamin Amlicke, 24, the technician hired by the Center for Speech, Language and Occupational Therapy, was arrested on Jan. 29 by the San Jose Police Department. Amlicke was charged by the Santa Clara County District Attorney’s Office with a felony of lewd or lascivious act on a child under fourteen.
On Jan. 28, the mother of the 2-year-old saw Amlicke on a live feed of an in-home surveillance camera leading her child into a bedroom. After locking the door, Amlicke allegedly touched the child’s genitals over his clothing, according to the lawsuit. The mother immediately called her own mother, who was at home, to remove Amlicke and then alerted police.
Additional video footage, including Amlicke’s first home therapy session with the child on Jan. 7, showed other instances of Amlicke fondling the child’s genitals over his clothing, according to the lawsuit. In addition, the mother had noticed her nonverbal child exhibit unusual hypersexual behavior after Jan. 7.
The law firm of Cerri, Boskovich & Allard is suing the center for negligent hiring and supervision of Amlicke. Prior to and during Amlicke’s employment there, Amlicke was allegedly posting sexually explicit social media content, including full-body nude images of himself and graphic pornography, according to the lawsuit.
Despite this behavior, the center hired Amlicke and took no corrective action during his employment, according to the lawsuit.
“The lack of supervision and making sure that policies and procedures were in place to supervise this very young person, who we believe was not properly screened, allowed him one-on-one access to the most vulnerable person he could have access to, which is a very young child with a developmental disability,” said Lauren Cerri, lawyer for the plaintiffs.
This is not the first lawsuit of its kind that Cerri has tried. She and her law firm won a $6 million case on June 1 against Becoming Independent, a Santa Rosa-based organization that supports adults with intellectual and developmental disabilities.
Becoming Independent was found negligent in the care of the plaintiff, a 53-year-old whose mental capacity was that of a 5-year-old, according to court documents.
The in-home caregiver hired by Becoming Independent allegedly sexually assaulted the plaintiff, and the alleged abuse was not discovered until the plaintiff’s guardian reviewed footage from an in-home surveillance camera, according to court documents.
Data highlights elevated risk
“Statistics show that developmentally disabled people are at a much higher risk of sexual assault than others,” said Cerri. “Organizations need to be vigilant in hiring and supervision of these caretakers.”
According to a 2021 report from the U.S. Department of Justice, the rate of rape and sexual assault against people with disabilities was more than four times higher than that of people without disabilities. The federal Crime Victims with Disabilities Awareness Act, established in 1998, requires the Bureau of Justice Statistics in the Justice Department to include crimes against people with disabilities in its annual National Crime Victimization Survey.
Amlicke is scheduled to appear in Santa Clara County Superior Court on Aug. 7 to enter a plea. Conviction on a felony of lewd or lascivious act on a child under fourteen can result in a prison sentence of up to eight years and mandatory lifelong registration as a sex offender.
