Sexual abuse in nursing homes and long-term care facilities is a terrible – yet sadly common – occurrence. This form of elder abuse is arguably the worst possible kind, and is an under-discussed problem that happens in nursing homes across the nation. If you believe that your loved one is a victim of nursing home sexual abuse, you are not alone, and there are ways to get help. Keep reading to find out.
Elder Sexual Abuse by the Numbers
The Administration for Community Living monitored sexual abuse in nursing homes in all 50 states, and over a 20 year period, the group received reports of over 20,000 cases of sexual abuse in nursing homes. That figure doesn’t even take into account abuse committed by other residents, or the countless cases that go unreported every year.
A study by the House Government Reform Committee also found that between January 1999 to January 2001, one-third of nursing homes in the U.S. were cited for 1,601 cases of physical or sexual abuse.
In some of these cases, nursing home staff were accused of physical or sexual abuse, and in others, staff were cited for failing to protect residents from causing harm to other residents. The report also stated that nursing home abuse has increased every year since 1996.
Furthermore, reported cases are often poorly handled by authorities who are involved. In 2017, CNN reported that over 1,000 nursing homes had been cited for mishandling suspected cases of sexual abuse. But these reports also showed that the police were reluctant to believe victims’ allegations of abuse. Beyond that, regulators have also failed to flag patterns of repeated allegations against single caregivers. These systemic failures make it difficult for victims and their families to get justice, and make it easier for sexual predators to get away with their crimes.
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70% of Reported Elder Sexual Abuse Happens in Nursing Homes
Statistics on Elder Sexual Abuse in Nursing Homes
Why It’s a Hidden Secret
With such high rates of sexual abuse in nursing homes, it can be hard to figure out why it’s not a more widely-discussed issue. Often, facility owners don’t want to reveal sexual abuse or handle the consequences of it, because they’re worried about their reputations and profits. Families also may not want to admit their family member is being abused.
Tragically, many sexual abuse victims have conditions such as Alzheimer’s that hinder their ability to communicate and alter their perceptions of reality. As a result, when these patients report sexual abuse, it’s often dismissed. Additionally, the low wages offered to most nursing assistants makes it nearly impossible for facilities to find and retain qualified workers, and employees often lack the training to spot sexual abuse.
Which Patients Are Most at Risk for Sexual Abuse?
Unfortunately, certain groups of patients are more vulnerable and susceptible to sexual abuse than others. This includes:
- Patients with dementia or other cognitive disorders who have difficulty communicating, understanding their surroundings, and remembering things that have happened
- Patients with physical disabilities and mobility issues who have a higher dependency on staff members
- Patients without many visitors or who are socially isolated, since no one is available to advocate for them
- Patients with a past history of trauma and sexual abuse
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Know the Signs of Sexual Abuse in Nursing Homes
Due to age, dementia, fear of their abuser, or other conditions, victims of sexual abuse are not always able to tell their loved ones that they’re being abused. This makes it imperative for families of nursing home patients to understand the physical and emotional signs of abuse, such as:
- Unexplained infections or sexual transmitted diseases
- Ripped or bloody underclothes
- Unexplained bruising, particularly in intimate areas
- Visible and fear and apprehension around nursing home staff or patients
- New depression or increased expressions of anger, especially when these symptoms have not been present in the past
- Rocking, sucking, or mumbling (referred to as false dementia)
If you believe that your loved one is being sexually abused in a nursing home or other long-term care facility, it’s important to take action right away. You can approach the nursing home if you truly believe that management will help you, but this is less likely to happen than the alternative.
Most nursing homes do not want to admit fault and will rush to cover up evidence of the abuse. If you believe that the nursing home may be at fault, you should speak with an attorney and the police first. Notifying the nursing home may give them time to erase records and destroy evidence.
If the district attorney determines that there is substantial evidence, the state will file charges against the nursing home. If the DA decides not to file criminal charges you may still be able to bring a civil suit against the nursing home, staff members, and other liable entities.
Proving Elder Sexual Abuse
Gathering evidence of sexual abuse can be challenging, both logistically and emotionally. Depending on the case, you may be able to get a statement from your loved one, statements from witnesses at the facility, medical records, and other proof to help illustrate what happened.
It may also be possible to call in an expert witness who can testify about your loved one’s behavior, injuries, or other important case facts. This is someone with an advanced education and/or extensive experience working with nursing home patients who have been sexually abused and can provide the court with an official opinion on what occurred.
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How to Prove Sexual Abuse In Nursing Homes
Do I Need a Nursing Home Expert Witness for My Case?
How to Get Legal Help for Nursing Home Sexual Abuse
Unfortunately, lawsuits against nursing homes can be difficult and complex. Many nursing homes are owned by corporations that avoid lawsuits by flooding the opposing legal team with paperwork or taking an unreasonably long time to complete certain steps.
To successfully bring a lawsuit against a nursing home for the sexual abuse of an elderly loved one, you need to hire an attorney who has experience with similar cases and is ready and able to handle the process. To set up your free case evaluation, contact us today at Mazow | McCullough, PC by calling (978) 744-8000 or (855) 693-9084.
