Sexual abuse is one of the most traumatizing events that can take place for any person. According to the most recent statistics sexual assault crimes are increasing in nursing homes across the United States. Our elder abuse law firm
has been approached on a number of different occasions with these types of cases. We wanted to inform our clients about their rights and steps to take. Read the following article to better understand your rights.
Who is Liable For Acts of Sexual Violance Against the Elderly in Nursing Homes and Long Term Care Facilities
Nursing homes, regardless of whether they are a skilled nursing facility or a convalescent home they will be liable. Sexual abuse can come in many different forms. It can be at the hands of staff or other patrons at the facility.
Often times our loved ones are unable to vocalize the experience. Instead they deal with the trauma, which in many cases can occur for a sustained period of time. Moreover, in more serious cases elderly persons that suffer from dementia or other mental issues may not be able to recall the events.
In such cases it is the responsibility of the nursing home staff to monitor the behavior of their employees and guests. If they know that a particular person has a history of sexual assault or is likely to engage in such behavior they have a duty to stop them, or take measures to prevent it from happening. Nursing home facilities have a duty to oversee the care of those entrusted in their care. When they fail to provide a safe environment they will be liable for the injuries sustained.
However, not all cases involve other elderly patients. Sexual assault can also occur at the hands of the staff. This includes nurses and janitorial crew members. In certain cases parties are left un-monitored without proper security or staff to oversee the facilities elderly. As a result employees can engage in these types of acts, causing serious injury, both physically and psychologically.
If the attack takes place during work hours then the nursing home will be liable for the actions of their employee. It is required that they take proper measures including conducting background checks to avoid these types of issues from happening. If you are a victim of this type of crime contact a elder abuse attorney to help better understand your rights.
Contacting Law Enforcement – Sexual Abuse Police Reporting Duties
It is advisable to get law enforcement involved in any type of sexual assault case. Generally the reports provided by law enforcement are critical to your case and can help the value of the case substantially. Additionally police reports will help in better understanding how the events took place. Moreover, if you have police involvement in the case it will help in actually getting those responsible criminally liable.
However, you should keep in mind that police involvement has to be carefully monitored. Often times statements made to police can actually harm your case. If you are considering contacting the police make sure you know your rights to maximize the value of your case.
Filing a Sexual Abuse Claim – Getting Help for Your Case
Often times the legal process can be challenging and confusing. Our offices are here to help. We understand how difficult this time can be for you and your family and we are here to help. If you were hurt or your loved one was injured in a nursing home contact our offices for a free case evaluation.
Statistics of Sexual Abuse of the Eldelry
CDC – Edler Abuse Prevention