Nursing homes are considered safe areas to trust in care of our loved ones. However rising statistics show that there has been a surge of sexual abuse cases nationwide. Often times our loved ones are left with very little recourse and are forced to suffer terrible conditions. In such cases the facility in charge will be responsible for harm suffered to sexual assault victims. When they fail to properly take care of or care for those injured they will be held responsible.
Nursing homes are entrusted with the care of those who are unable to speak for themselves. Sexual assault is a devastating incident, which can leave permanent emotional and physical damage behind. If you or your loved ones are a victim of sexual abuse in elder care home, contact our elder abuse attorneys
for a free and confidential case evaluation.
Elder Sexual Assault Laws – Nursing Home Liability
Sexual abuse is defined as any type on non-consensual contact of any kind with an older person. Common acts which can be defined as sexual abuse of the elderly may include, rape, performance of lewd acts in the vicinity of the victim, improper touching, fondling, making sexual overtures and demands in return for food and clothing. Such actions may be performed against either a non-consenting individual or an incompetent person.
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Definition of Elderly
: Under state and federal laws the term elderly is not constrained to individuals over the age of 65, but also includes any person between the age of 18 and 64 who has been admitted as a patient or resident in a health facility in including residential care centers because of a physical or mental disability.
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Common Sings of Sexual Abuse Against the Elderly Are as Follows:
- Verbal communication from the victim attempting to report what has taken place
- Torn and ripped clothing
- Emotional trauma including self isolation, depression, PTSD
- Unexplained sexual transmitted diseases
- Bruising around the genitals and breasts
- Vaginal and anal bleeding
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Steps To Take If You Suspect Sexual Abuse in a Nursing Home
Below are some important steps that should be taken if acts of sexual assault and abuse have taken place in a nursing home or elderly care facility.
1. Immediately Report the incident to state department of health charged with protecting the right of the elderly and your local police department.
2. Obtain evidence of the sexual abuse including photographs, information of witnesses, and information on the suspect.
3. Contact an Elder Abuse Attorney regarding the filing of a sexual abuse lawsuit.
Filing a Lawsuit for Elder Sexual Abuse
Owners and operators of nursing home can be held liable for acts of sexual abuse and other forms of physical and emotional abuse conducted by staff against residents and patients. Nursing homes have a duty to properly investigate the history of ever employee including past incidence of criminal activity and sexual assault. More so nursing home have owe a duty to investigate and report every incident of physical and emotional abuse in their facilities. Failure due do so may warrant criminal prosecution and civil liability.
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Our law firm is dedication to protecting the rights individuals suffering from elder abuse including sexual assault. To schedule a free and completely confidential consultation with one of our attorneys call toll free (855)385-2529.
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Definition of Elder Abuse