Brooklyn Juvenile Center Aide Indicted on Rape and Sexual Abuse Charges

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Ella McQueen Reception Center for Boys and Girls

New York State Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning has announced that a 47-year-old aide employed by the Ella McQueen Reception Center for Boys and Girls in Brooklyn was arrested and arraigned on charges that he sexually assaulted three teenage girls in his care. The facility is operated by the NYS Office of Children and Family Services (OCFS).

Barry Proctor (DOB: 10/28/68) of the Bronx was arraigned in Kings County Supreme Court before the Honorable John Ingram on a 22-count indictment charging him with:

    Two counts Rape in the Third Degree, a class “E” Felony;
    Eight counts of Criminal Sexual Act in the Third Degree, a class “E” Felony;
    Nine counts of Sexual Abuse in the Second Degree, a class “A” misdemeanor; and
    Three counts Endangering the Welfare of a Child, a class “A” misdemeanor.

According to the indictment, the defendant targeted and sexually abused three 15-year-old females over the course of a 15-month period in 2014 and 2015. Proctor is accused of raping one of the girls, having oral sexual conduct with two of the girls and molesting a third girl. All of the incidents were non-forcible, but the victims were legally incapable of consenting to sexual contact with an employee of the facility. Additionally, victims under the age of seventeen are incapable of consenting to sexual intercourse or oral sexual conduct.

Proctor was taken into custody this morning and bail was set at $20,000 cash or bond. The defendant’s next court date is March 8, 2016. The investigation was conducted by the Justice Center.  The arrest was made by the Justice Center’s Office of Investigations, with assistance from the New York City Police Department and the Kings County District Attorney’s Office.  Justice Center Assistant Special Prosecutors David Kim and Rachel Dunn will be prosecuting the case.

The Justice Center and its statewide hotline and incident reporting system began operations on June 30, 2013.   It is staffed 24-hours a day, seven days a week by trained professionals who receive reports of allegations of abuse and neglect of people with special needs.  Once a report is received by its Vulnerable Persons Central Register (VPCR) Hotline, it is logged and assessed.  Serious cases of abuse or neglect are assigned to the Justice Center’s investigation team or, when appropriate, to a local law enforcement agency for follow-up.  Through the services provided by the Justice Center’s Individual and Family Support Unit--victims, their families, personal representatives and guardians receive guidance and information about the reporting and investigation process and support during criminal cases and court proceedings.

The Justice Center also maintains a statewide registry of all persons who have been found to be responsible for serious or repeated acts of abuse and neglect. Once placed on the registry, known as the “Staff Exclusion List” or SEL, they are prohibited by law from ever working again with people with disabilities or special needs.

OCFS is one of six state agencies under the jurisdiction of the Justice Center. The Justice Center also oversees certain facilities or programs that are operated, licensed or certified by the Office for People With Developmental Disabilities (OPWDD), the Office of Mental Health (OMH), the Department of Health (DOH), the Office of Alcoholism and Substance Abuse Services (OASAS) and the State Education Department (SED).
                       

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