
Sexual abuse in a care facility, of any kind, is a crime. There is no grey area, as the law prevents sexual relations between residents and nursing home staff. A big percentage of elder sex abuse cases in care facilities are from carers, so if you suspect your loved one is being sexually abused, you have cause to be concerned.
Knowing what to do next can be overwhelming, so this guide can help clarify what to look out for and how to act.
What Is Sex Abuse in a Care Facility?
Sexual abuse in a care facility can be defined as when the caregivers (or anyone who was trusted to care for an elderly adult) sexually abuse them. It can include rape, sexual assault, sexual harassment, indecent exposure, and sexual exploitation.
Elderly people are particularly prone to sexual abuse, as their abusers take advantage of their vulnerability and they have difficulty reporting or asking for help. In other cases, the elderly person may not be fully aware of what’s going on – especially if they are experiencing cognitive conditions, such as memory issues, dementia, or Alzheimer’s. There are also many cases where sexual abuse in care facilities is carried out by other residents and visitors.
What Laws Exist to Protect Against Sexual Abuse in a Care Facility?
The Vulnerable Adult Law is a federal law that makes it illegal for anyone employed in a care facility to have sexual contact with a resident – even if the victim consents. This very strict bar means there is no grey area of what is acceptable. Intimate touching, coercion, or elder sexual abuse of any kind cannot be excused. It is also illegal to take inappropriate photographs or make sexually harassing statements to elderly care facility residents.
Who Is Most Likely To Be a Victim of Sexual Abuse in a Care Facility?
While it’s wise to keep an eye out for the warning signs of abuse in an elderly loved one, the following statistics may help you recognize the need for additional attention:
- Women are more likely to be victims of sexual abuse than men.
- Women over the age of 75 are the most vulnerable to sexual abuse in care facilities, likely due to the high rate of cognitive impairments such as dementia or Alzheimer’s.
- Victims with physical disabilities that make them defenseless, such as limited mobility, or being bedridden.
- Isolated individuals with limited social support, prior trauma, or poor relationships with existing caregivers.
Who Is Most Likely To Be a Perpetrator of Sexual Abuse in a Care Facility
In 80% of elder sexual abuse cases, the abuser was their caregiver. Other elderly residents may also be perpetrators, with cognitive impairments or substance abuse issues often present.
What Are the Warning Signs of Elder Sexual Abuse in a Care Facility?
Unfortunately, many survivors of sexual abuse are not heard or believed. This is especially true with elderly people in care facilities. The problem is made worse as many victims are too scared to report the abuse, have no one to turn to, or simply are unaware of the abuse due to cognitive issues. Here are some key warning signs to look out for, if you believe something abnormal is going on with your loved one:
Physical Warning Signs
If you are a family caregiver who helps your loved one get dressed or bathed, then you may notice the following symptoms:
- Bruising, particularly around intimate areas.
- Unexplained sexually transmitted diseases (STDs) or infections.
- Skin tears, scratches, or signs of physical trauma.
- Clothing being askew or showing signs of abuse.
- Discomfort while walking or sitting.
- Bleeding, irritation, or unexplained discharge.
- Pain while using the toilet.
Behavioral Warning Signs
Abuse can also occur without physical warning signs. In fact, in many cases, alarm bells should be ringing when unexplained behavioral changes are present. For example:
- Unexplained changes such as crying, sadness, withdrawal, or fear.
- Depression.
- Arguments with caregivers.
- Fear of other residents.
- Hints that they want to share something, but don’t seem to be able to.
- Increased anxiety.
- Trouble sleeping or having nightmares.
- Refusal to talk about recent events.
- Appetite changes, or discomfort when eating.
You may also notice unusual or suspicious behavior from caregivers, such as:
- Staff frequently volunteer to care for one resident more than others.
- Locked or closed doors for extended periods.
- Flirting, using endearing names, or making inappropriate comments or compliments.
What To Do if a Loved One Has Suffered Sexual Abuse in a Care Facility
Contact an Experienced Sexual Abuse Lawyer
If you believe your loved one has been sexually abused in a care facility, you can take legal action. Doing so will help protect other residents and help you and your family pay for related costs.
The first thing you should do is contact an experienced sexual abuse attorney. Our team welcomes you to a free and confidential consultation, so we can help you understand your loved one’s rights and advise you on the steps to take next.
If this has happened just now and you need to call the police, do not leave the individual alone in a room, until law enforcement arrives. Do not move anything in the room. Tampering with the evidence may be seen by law enforcement as ill-intent.
Collect Evidence
Evidence is essential in proving there has been sex abuse – both to stop it from happening again (including to other residents) and so you can file a lawsuit. We advise you to not wash bedding or clothing that could contain evidence – such as semen, blood, or sweat. Ensure any evidence such as this is guarded and that the abuser cannot remove it. Some people suggest secretly installing a camera, but please talk to your elder sexual abuse attorney first to determine what is the best and safest way to collect evidence without breaking the law yourself.
Around 76% of elder sexual abuse cases are witnessed by another person. So, our nursing home abuse attorneys will use our experience and resources to collect further evidence, such as witness statements and CCTV footage.
Filing a Lawsuit and Your Rights to Compensation
As a survivor of elder sexual abuse, your loved one and your family are entitled to compensation to cover their damages – such as the expenses you paid for the nursing care, medical bills, suffering, and any loss of earnings you may have had while taking care of this mess.
You can gain this via a sexual abuse lawsuit, against the perpetrator. In many cases, you may also file a lawsuit against the nursing home itself if they have failed to uphold a duty of care.
Key Takeaways
- The vast majority of senior sexual abuse comes from a caregiver.
- Look for the key warning signs.
- Contact an experienced elder sexual abuse lawyer to understand what is the best course of action.
- Collect and protect any evidence, such as clothing or bedding.
- File a sexual abuse lawsuit to reclaim damages.
Contact Shrader & Associates, L.L.P. for a Free Consultation on an Elder Sex Abuse Lawsuit
If you believe an elderly loved one has been sexually abused in any form in a care facility, Shrader & Associates welcome you to a free, confidential consultation. Our experienced sexual abuse attorneys can review the situation and advise you legally on what to do next, from gathering evidence to filing a lawsuit against either an individual or the nursing home. We will take care of the heavy, stressful work, and fight for your family to get the compensation it deserves.
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