Sexual Assault in Nursing Homes
San Antonio Nursing Home Abuse and Personal Injury Lawyer
The detriments of sexual assault can be horrendous. It leaves the victim feeling
powerless and despondent. Sexual assault can take place anywhere. But, it is especially
heartbreaking when it happens in a nursing home. Nursing home residents can be the
target of assault by staff members or other residents.
- 15 out of 20 sexual assaults among nursing home residents were committed by nursing
home staff (Burgess, A.W. (2000) Sexual predators in nursing homes. Journal of psychosocial
Nursing & Mental Health Services, 38(8), 26-35).
- Several nursing home residents are people with disabilities. Individuals with disabilities
are 1.5 to 5 times more likely to suffer a sexual assault than the general population.
(Sobsey, D. (1994). Violence and abuse in the lives of people with disabilities:
The end of silent acceptance. Baltimore: Paul H. Brookes.)
- Eleven out of 20 nursing home residents died of trauma within the first year following
an attack. (Burgess, A.W. (2000). Sexual predators in nursing homes. Journal of
Psychosocial Nursing & Mental Health Services, 38(8), 26-35.)
- Less than 2% of all reported sexual assault investigations are false
What is Sexual Assault?
Sexual assault is determined when a person is physically forced into sexual contact,
threatened, manipulated or tricked into sexual contact.
Sexual behavior that falls in the category of sexual assault may include:
- "Hands-Off" offenses – This may include exhibitionism; voyeuristic activity; forcing
an individual to view pornographic matter; sexual harassment and threats.
- "Hands-On" offenses – This may include kissing; touching or molesting the breasts,
genitals, or buttocks; any genital contact and penetration of vagina or rectum with
body parts or other objects.
- Harmful genital practices – This includes gratuitous, invasive, and/or painful methods
in caring for the genitals or rectal area. It includes applications or insertions
of objects or items that are not medically prescribed, such as ointments, creams,
thermometers, and so forth.
Signs and Symptoms of Sexual Assault
It is very important to observe all clues or indication of sexual assault, especially
if the nursing home resident is incapacitated.
- The resident may express direct statements or hints that a sexual assault may have
occurred.
- The resident may report witnessing sexually abusive behavior towards them or another
resident.
- Physical trauma may be present around the resident’s genitals, rectum, mouth, and/or
breasts, including bleeding, bruising, injury, infection, scarring, redness, pain,
and/or irritation.
- The resident who is uninvolved in consenting sexual relations is diagnosed with
a sexually transmitted disease.
- Evidence such as restrain marks, hand or fingerprints, etc.
- Evidence of physical abuse such as bite marks and/or burns.
- The resident exhibits defensive or shameful behavior when questioned about any signs
of abuse.
- The resident exhibits fear or intense hesitation toward a nursing home staff member
or fellow resident.
- The resident exhibits extreme behavior when given personal care or the caregiver
is overly invasive concerning personal care.
- Seemingly inappropriate boundaries between a resident and a caregiver.
- The resident may experience anger, embarrassment, hostility, guilt, withdrawal and/or
depression.
No one deserves to suffer a sexual assault, much less someone who is incapable of
fighting back. If you or a loved one has experienced this atrocious act of violence,
contact a qualified attorney immediately. Call me today at 210-227-1888.Initial
consultations are free and confidential.