Sexual abuse of nursing home residents is an unthinkable act. Unfortunately, it happens more than people would like to admit, with the abusers often getting away with the crime. Approximately 70% of female rape victims over the age of 60 were victims of sexual abuse in a nursing home. Additionally, more than 50% of nursing home residents who were victims of sexual abuse died within a year, leaving little time to hold the perpetrators of nursing home sexual abuse accountable.
If suspect your loved one may be a victim of sexual abuse in a nursing home, fill out our free, no obligation case evaluation form to speak with a nursing home abuse attorney today.
Elderly people are often placed in nursing homes because they can no longer care for themselves. Unfortunately, this defenseless state can make nursing home residents targets for sexual abuse. In addition, nursing home residents who have lost their speech or motor skills due to an illness or stroke have an increased chance of becoming sexually abused in a nursing home.
The weak state of nursing home residents may not be the only reason sexual abuse in nursing homes occurs so frequently. Nearly 10 states do not require background checks for their employees. Therefore, the facility may never know that some staff members have a criminal history of rape, sexual assault or other sex crimes.
Sexual abuse in nursing homes occurs when an individual engages in any form of nonconsensual sexual contact with a resident. Types of sexual nursing home abuse include:
Sexual abuse in nursing homes often occurs when the resident is forced or tricked into unwanted sexual contact or when the individual is too weak or ill to give consent. A nursing home resident can be sexually abused by a staff member, another resident, visitor, stranger or a family member.
Sexual abuse by a staff member often occurs because of the facility's lax hiring process. As stated earlier, some states do not require background checks for their employees. In addition, many nursing home workers, particularly nurse's aides, are minimum wage employees who change jobs frequently. Nurse's aides help the residents bathe, dress and use the bathroom, which can create opportunities for sexual abuse. Some nurse's aides may have a history of sexual assault or have been fired from previous nursing jobs because they sexually abused patients. Unfortunately, because of the lax screening process for nursing home applicants, this information may go unnoticed.
When a nursing home does not properly screen an applicant who has a history of sexually abusing residents, the facility can be held liable for their negligence. Likewise, if the nursing home fails to supervise or train employees on how to spot sexual abuse, they can be held accountable for any abuse that occurs at the facility.
Often, nursing home residents are not sexually abused by staff members, but by other residents. The co-ed setting of a nursing home can lead to sexual abuse of residents by one another. Those with mental or physical challenges are particularly susceptible to sexual nursing home abuse, as other residents may be aware of their weakened conditions.
Sexual nursing home abuse by another resident often occurs when the staff fails to properly supervise the residents. In this case, the victim and their family can hold the facility liable for their negligence through a nursing home abuse lawsuit.
Sexual abuse in nursing homes can also occur when a stranger assaults a resident. If the nursing home lacks proper security, strangers can entire the facility to prey on defenseless residents. For instance, if a staff member leaves the facility for a smoke break and fails to lock the door upon re-entry, a stranger can enter the nursing home. If the individual sexually abuses a resident, the nursing home can be held liable for negligence.
Lastly, a nursing home resident can be abused by a family member. When an individual is placed in a nursing home, their spouse may miss the sexual relationship they once had. Upon visiting the nursing home, the husband or wife may want to continue this relationship. However, if a resident's mental or physical condition prevents them from giving consent to sexual acts, the relative is committing sexual abuse. In most cases, nursing home staff members fail to report these incidents because of the legal relationship between the couple. Under these circumstances, the facility can be held accountable for negligence.
Nursing home residents are often intimidated into keeping their knowledge of sexual abuse quiet. Likewise, some residents may be physically unable to express the fact that they are being sexually abused. Because of this, family members should pay extra attention to warning signs of sexual nursing home abuse, including:
In addition to physical symptoms, victims of sexual abuse in nursing homes also show changes in behavior. Pay particular attention if the resident withdraws from other residents or loved ones, becomes unusually shy or makes odd comments about sexual behavior.
If you suspect your loved one is a victim of sexual nursing home abuse, it is important to contact a nursing home abuse attorney. You may be able to hold the nursing home liable for negligence and collect damages to compensate for your loved one's suffering. Contact our nursing home abuse lawyers today to find out if you are eligible for a lawsuit.
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