You want to do what’s best for your older relatives, and sometimes, that means choosing a nursing home for them. More than 1.2 million people live in nursing homes nationwide, and for many elderly adults, it’s their only option. Nursing homes can provide invaluable benefits — personalized care, access to medical treatment, and much-needed companionship. When families trust these facilities with their loved ones, they expect they’ll receive a certain standard of care. Unfortunately, sex abuse is common within healthcare facilities that claim to be safe for older people. Predators often target the most vulnerable members of society, which puts elderly adults at risk, especially if they have dementia or other cognitive problems. Sexual abuse is the least reported form of elder abuse, even though it can have devastating, lifelong consequences. It is often underreported because the victims have physical or mental disabilities that make it difficult for them to advocate for themselves.
To complicate things further, not every facility reports crimes even after receiving credible reports. Nursing homes frequently engage in cover-ups for fear of losing state and federal funding for not doing a better job of preventing abuse. One investigation found that the chances of a sex abuse perpetrator being convicted are less likely as the victim gets older. There are several possible reasons. Older victims are more likely to have memory problems and other issues that make it more difficult for a prosecutor to gather needed information. They may also have vision or hearing problems that make it more complicated to recount their experience. Perhaps most importantly, they’ll likely struggle to stand up for themselves at a nursing home that wants to cover up sexual abuse. Perpetrators recognize these obstacles and use them to their advantage when preying on victims. Some criminals may even choose to work at nursing homes specifically because they’re likely to get caught.
Nursing homes aren’t the only place where elderly adults are abused. Perpetrators are also found in long-term care facilities, psychiatric facilities, retirement homes, doctors’ offices, rehabilitation centers, and more. Unfortunately, abuse can happen anywhere that older adults frequent. Spaces that promise to provide high-quality, specialized care for older adults can quickly become a nightmare when sexual abusers go unchecked. This is the worst-case scenario for the victim and their loved ones.
Family members often feel betrayed after their loved ones are violated. There are strong emotions when a place that’s supposed to protect older people — to help them get better, even — is revealed as unsafe. It’s not unusual to feel overwhelmed by the weight of the situation, and you may wonder what your next step should be after reporting the abuse to the facility and law enforcement officers. Finding a sex abuse attorney who specializes in elder abuse is essential.
Recognizing Sexual Abuse
To prevent sexual abuse, you must first know what it is and which warning signs to look for. Sexual abuse encompasses a wide range of offenses, including sexual misconduct, sexual assault, sexual harassment, rape, molestation, and more. Experiencing these violations can be traumatic for older adults. Common examples of elder sexual abuse include taking photos of an older person without consent, forcing penetration or another form of sexual contact, or forcing them to be nude. The legal punishment for these crimes will vary depending on their severity, but emotional distress will be present regardless of where the violation falls on a criminal scale.
It’s easiest to recognize sexual abuse when a victim comes forward and shares what happened to them, but this isn’t always realistic. The majority of sexual assaults aren’t reported to law enforcement, even among non-disabled people without mental difficulties. The hurdles to reporting are even more present when the victim is unable to communicate due to physical or mental health problems, making it the responsibility of medical providers, staff, and family members to recognize that something has gone wrong. Many perpetrators intentionally target older adults who are incapacitated because they think it’ll lessen the chances of them being caught. Sadly, past convictions show that perpetrators are sometimes the nurses and medical aides tasked with keeping patients safe. Whether you’re a family member, facility employee, or visitor, there are things to look for that could point to older adult sexual abuse, and it’s crucial to educate yourself on potential warning signs.
If an older adult has sudden unexplained symptoms, including bleeding, bruising, or sexually transmitted diseases, it could be a sign that something is occurring. An older adult who becomes unusually withdrawn or nervous should be monitored. If you suspect abuse, you should alert law enforcement immediately — time is of the essence when handling sex abuse cases. You can also tell the facility supervisors, but you should make sure law enforcement has been notified. In at least one case, a facility director who learned of a potential sexual assault allegedly destroyed the evidence, leading to her arrest and eventual plea deal.
Why Are Seniors Targeted?
Perpetrators often target people who may have a more challenging time coming forward after suffering abuse, including children and older adults. Statistics show that millions of seniors are living with Alzheimer’s disease or other forms of dementia. Their mental conditions may make it more difficult to remember what they’ve experienced, which makes it harder to find the words to tell someone. Even when seniors do report abuse, they aren’t always believed. Nursing home administrators may dismiss the complaint because they don’t think the victim is a reliable narrator. There’s a reason that the criminals who work at these facilities seek employment at places full of vulnerable people. Women are more likely to be targeted than men, and patients with cognitive impairments are at a higher risk of sexual abuse.
Unfortunately, anyone with access to a facility can commit abuse against an older adult. That could be a facility employee — everyone from a worker who serves food or cleans the facility to a nurse or doctor entrusted with caring for a patient’s medical needs, even though they’ve sworn they won’t intentionally harm patients. Victims may feel especially traumatized if they suffer sexual abuse at the hands of someone they trusted to keep them safe and healthy. Many medical professionals who perpetrate crimes lose their licenses to ensure it doesn’t happen again. However, if a nursing home or similar facility doesn’t take patients seriously and hold staff members accountable, they might fly under the radar for years.
Sometimes, other patients are responsible for abuse. A nursing home must investigate all accusations and separate potential perpetrators from their victims. Additionally, a nursing home is responsible for vetting people on the property. Visitors and caregivers can also commit sex crimes, and it’s essential to screen everyone who may have access to patients. It only takes minutes for someone to commit an unspeakable crime, so vigilance is necessary.
A Facility’s Responsibility to Protect from Abuse
What is a facility’s responsibility to its patients? Few crimes are 100% preventable, but watchfulness can significantly reduce the risk. A nursing home must meet a duty of care for its residents, including providing a safe, clean environment and meeting basic needs like food, water, and shelter, and failing to do so results in a “breach of duty,” which can be relevant in a lawsuit. Nursing homes afraid of losing federal funding or tainting their reputation may underplay abuse claims, and they should be held accountable. If a nursing home fails to protect the vulnerable population it’s responsible for, the facility can be held liable in court for negligence.
Common examples of negligence include understaffing, poor training, and failing to report abuse. If a facility is found liable, it may be forced to pay out damages for medical bills, the cost of relocating to a new facility, emotional distress, and more. Filing a sex abuse lawsuit doesn’t only recover financial compensation for you. It can help prevent future mistreatment by the nursing home and serve as a warning sign to other facilities that acting poorly can result in monetary penalties.
Finding attorneys who specialize in the complexities of nursing home abuse cases is crucial. The Louisiana sex abuse attorneys at Herman, Katz, Gisleson & Cain can help you hold accountable the facility that failed to protect you or your loved one. Call 844-943-7626 for a free, confidential case consultation, or contact us online.
