On July 22, 2016, the son of a 78-year-old nursing home resident filed a nursing home rape case against his mother’s California nursing home, claiming that an employee of the defendant nursing home raped his mother in September 2015 while she was recovering from knee surgery. The elderly woman was in the care of the defendant nursing home from August 8, 2015 to September 12, 2015.
Prior to her nursing home admission, the woman’s son had taken care of his mother for approximately ten years. After his mother had total knee replacement surgery in June 2015, her mental status deteriorated, which led to her admission to the defendant nursing home for physical rehabilitation. After the alleged rape, the woman’s mental health continued to deteriorate and she now resides in another nursing home because her son can no longer take care of his mother.
Local police began an investigation into the rape allegation in September 2015. The investigation is reportedly an ongoing and open investigation.
The son’s nursing home rape lawsuit alleges that the defendant nursing home negligently failed to properly monitor his mother and failed to provide proper care for her. The nursing home lawsuit alleges nursing home negligence, nursing home abuse, willful misconduct by the nursing home, negligent and intentional infliction of emotional distress, and negligence in screening, hiring, and supervising the employee who allegedly raped the resident. The nursing home lawsuit seeks unspecified compensatory and punitive damages from the defendant nursing home.
Sexual Abuse Of The Elderly
According to a study sponsored by the National Institute of Justice, sexual abuse is one of the most understudied aspects of elder mistreatment: elderly sexual assault victims were not routinely evaluated to assess the psychological effects of a sexual assault; the older the sexual assault victim, the less likelihood that the perpetrator would be convicted of sexual abuse; perpetrators were more likely to be charged with a crime if victims exhibited signs of physical trauma; and, sexual abuse victims in assisted living situations faced a lower likelihood than those living independently that charges would be brought and the assailant found guilty.
According to a research report submitted to the U.S. Department of Justice in 2006, elderly persons with dementia (as compared to those without a diagnosis of dementia) were sexually abused more often by persons known to them, such as a family member, a caregiver, or another nursing home resident, rather than a stranger; they presented behavior cues of distress rather than verbal disclosures; they were easily confused and verbally manipulated; and, they were pressured into sex by the mere presence of the abuser. Furthermore, those who were identified as sexually abusing the elderly with dementia had less chance of being arrested, indicted, or having the case plea-bargained.
If you or a loved one were sexually abused or raped while a resident of a nursing home or assisted living facility in the United States, you should promptly contact a local nursing home claim lawyer in your U.S. state who may investigate your nursing home rape claim for you and file a nursing home negligence, nursing home abuse, or nursing home rape case on your behalf, if appropriate.
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