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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.
 
Why Nursing Home Residents are Vulnerable to Sexual Assaults
 
Nursing home residents have always been perceived as easy targets because:
 
  • They are less likely to report the incident due to physical or mental health
  • They may not be believed
  • They are isolated from friends and family
  • They have low self esteem because of poverty, or weakening health, etc.
  • They are weaker and more frail
  • They are more dependent
 
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.
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