As shocking as it may seem, sexual assault is not uncommon in nursing homes, and it is often overlooked or mishandled by administrators. Federal and state agencies have cited more than 1,000 nursing homes for failing to properly investigate and report accusations of sexual abuse, as reported in the original page content.
If you suspect your loved one has been a victim of sexual assault in a nursing home, contact Sorey & Hoover, LLP as soon as possible. Our firm focuses on personal injury matters, including nursing home abuse in New Mexico. Our experienced legal team can take action to help stop the abuse, protect your loved one, and pursue the compensation your family may deserve.
Call (903) 230-5600 today for a free consultation with a New Mexico nursing home sexual assault attorney.
What Is Nursing Home Sexual Abuse?
Sexual abuse in nursing homes consists of non-consensual sexual contact in any form involving a resident. It also includes any type of sexual conduct involving an elderly person who is unable to provide consent because of dementia, disability, medication, illness, fear, coercion, or lack of capacity.
Nursing home sexual assault may involve:
- Unwanted touching
- Rape
- Coerced nudity
- Taking sexually explicit pictures or videos of a resident
- Taking photos of a resident who is not fully clothed
- Sexual harassment or intimidation
- Forced exposure to sexual conduct
- Sexual contact with a resident who cannot legally consent
Sexual abuse in a nursing home is not only a violation of trust. It is a severe form of elder abuse that can cause lasting physical, emotional, and psychological harm.
Who Is at Risk for Nursing Home Sexual Abuse?
Sexual abuse can affect any nursing home resident, but perpetrators often choose victims based on vulnerability. Residents who cannot report clearly, defend themselves physically, or understand what happened may be at heightened risk.
Women
Women have the highest risk of being sexually abused in nursing homes, according to information referenced in the original page content. Female residents may be targeted because they need assistance with bathing, dressing, toileting, transfers, or other personal care.
Residents With Dementia
Residents with dementia may be at high risk because they may not be able to properly report their abuser or explain what happened. Even when they do report abuse, nursing home staff may dismiss their statements as confusion. Families should take sudden fear, agitation, or behavioral changes seriously.
Residents With Physical Disabilities
Residents with physical disabilities may require more hands-on care from staff members, which can increase opportunities for abuse. A resident who cannot easily move away, call for help, or communicate clearly may be especially vulnerable.
Residents Who Are Isolated
Residents who receive few visitors, have limited family involvement, or are socially isolated may also be at increased risk. Abusers may believe these residents are less likely to be noticed, believed, or protected.
Who Are the Abusers?
A sexual abuser in a nursing home can be anyone who has contact with residents. The abuser may be a temporary or permanent staff member, a visitor, a contractor, or even another resident.
Some residents have dementia or other mental conditions that can affect behavior and result in resident-to-resident sexual aggression. Nursing home residents may have the right to engage in consensual intimacy, but consent depends on both residents having the capacity to understand and agree to the conduct.
Signs of Sexual Abuse in Nursing Home Residents
If a nursing home resident is being sexually assaulted or abused, there may be physical, emotional, or behavioral signs. These signs should never be ignored, especially if the nursing home gives vague explanations or discourages private visits.
Warning signs may include:
- Bruises on the breasts, genitals, or inner thighs
- Torn, stained, or bloodied underwear
- Sudden difficulty sitting or walking
- Unexplained genital infections or sexually transmitted diseases
- Vaginal or anal pain, irritation, or bleeding
- Extreme agitation
- Panic attacks or PTSD symptoms
- Withdrawal from social interaction
- Sudden, unexplained changes in behavior
- Nightmares or disturbed sleep
- Fear or avoidance of a person or place
- Fear of being left alone or left in the dark
A resident may also become unusually quiet, fearful around certain staff members, resistant to bathing or changing clothes, or upset when a particular person enters the room. Families know their loved ones best. If something feels wrong, it is worth investigating.
What to Do If You Suspect Sexual Assault in a Nursing Home
If your loved one may be in immediate danger, call emergency services right away. The resident’s safety comes first. If possible, ask that your loved one be moved away from the suspected abuser and evaluated by medical professionals.
You should also document what you observe. Write down dates, names, symptoms, conversations with staff, and any changes in your loved one’s behavior. Preserve clothing, bedding, photographs, medical records, and messages from the facility if they may be relevant.
What Are a Nursing Home’s Obligations?
Long-term care facilities have a duty to protect their residents. They must exercise care when hiring staff members, perform background checks, review sex offender registries when required, and ensure applicants are not disqualified from employment based on prior conduct.
Nursing homes must also thoroughly investigate allegations or suspicions of sexual assault and report them to state authorities within required timeframes after learning of the alleged incident.
Who Is Liable for Nursing Home Sexual Assault?
The perpetrator of sexual assault should be held accountable. However, other parties may also be legally responsible when their negligence allowed the abuse to happen or continue.
Negligent Staff
Staff members work with elderly residents every day and should be among the first to notice signs of sexual abuse. If they are not properly trained, are overworked, or show a lack of care toward residents, they may miss obvious signs of abuse or fail to report it.
If staff members know about abuse and do not take immediate action to protect the resident, or knowingly allow it to occur, they may be held liable.
Nursing Home Administrators
A nursing home may be legally responsible even when the abuser is not a staff member. Facilities have a legal duty to provide a safe environment, including freedom from sexual abuse.
A facility may be liable for failing to perform background checks, failing to provide proper supervision of staff and residents, failing to report abuse to authorities, failing to provide adequate security, or failing to separate residents after prior warning signs.
Medical Professionals
Medical professionals, including nurses and doctors, may encounter signs of abuse during treatment. These signs can include sexually transmitted infections, bruising or bleeding around the genitals, pain, fear, or sudden personality changes.
If a medical professional fails to report suspected assault or fails to take reasonable steps to protect the resident, liability may be possible depending on the facts.
Corporate Owners and Staffing Agencies
In some cases, liability may extend to corporate owners, management companies, or staffing agencies. These parties may be responsible if unsafe hiring practices, understaffing, lack of training, or poor policies contributed to the abuse.
How Sorey & Hoover, LLP Can Help
If you suspect your loved one has been sexually assaulted in a nursing home, it is crucial to speak with an experienced personal injury lawyer right away. Sorey & Hoover, LLP is dedicated to advocating for injured people and nursing home abuse victims in New Mexico.
Our legal team can investigate the incident and work with your family to establish the facts needed to hold the nursing home responsible. You may feel anger, guilt, fear, and uncertainty. You do not need to have every answer before calling. Our role is to help you understand what happened, what can be done to protect your loved one, and what legal options may be available.
Compensation in a Nursing Home Sexual Assault Case
A nursing home sexual assault claim may seek compensation for the physical, emotional, and psychological harm caused by the abuse. Depending on the facts, damages may include medical expenses, counseling, pain and suffering, emotional distress, relocation costs, loss of dignity, and other losses.
In the most severe cases, punitive damages may also be available to punish especially reckless or intentional conduct. If sexual abuse contributed to a resident’s death, surviving family members may have a wrongful death claim.
Contact a New Mexico Nursing Home Sexual Assault Lawyer
Sexual assault in a nursing home is a serious matter that requires immediate action. If you suspect your loved one was abused, do not rely only on the facility’s explanation or internal investigation.
Contact Sorey & Hoover, LLP at (903) 230-5600 to get in touch with an experienced nursing home sexual assault lawyer.
