Sexual elder abuse is any non-consensual, sexual contact, exposure or activity when a resident or patient is incapable of giving consent. It is illegal. Perpetrators of elder sexual abuse seek out the most vulnerable individuals to target. These may be people who cannot stand up for themselves and say no, or report the abuse, because they are mentally or physically incapacitated in some way.
If you are suffering from elder sexual abuse or suspect that a loved one is suffering, do not hesitate to act. Our attorneys are available to discuss your unique situation. We can help you understand your legal options during a free consultation. Get a free consultation.
Elder sexual abuse in California is any non-consensual, sexual contact, exposure or activity with an adult 65 years of age or older. “Non-consensual” may encompass any of the following statements about a person:
Generally, perpetrators of sexual abuse in nursing homes and assisted-living facilities are often:
Skilled nursing homes and assisted-living facilities have a legal duty to monitor and safeguard residents from harmful and unlawful behavior. However, many facilities should be doing more to protect vulnerable residents. Needham Kepner & Fish LLP elder abuse attorney Kirsten Fish was quoted in CNN saying:
“As with nearly every type of abuse and neglect seen in nursing homes, the better staffed the facility the less likely sexual abuse will occur. This is a crime of opportunity, so the more supervision the better.”
Any sexual contact, exposure or activity is considered abuse when it is non-consensual. The following unwanted behaviors or actions constitute sexual abuse:
There are many signs of sexual abuse in nursing homes and assisted-living facilities. These signs may include physical and/or behavioral signs. Physical signs may include, but are not limited to:
A few behavioral signs may include, but are not limited to:
Sexual elder abuse is illegal and criminally punishable. Do you suspect your loved one is suffering from sexual elder abuse? If you believe your loved one is in immediate danger, call your local authorities.
In addition, you should also try to speak with your loved one in private. Discuss any physical or behavioral signs you have noticed that may indicate sexual abuse. This may be an uncomfortable and painful situation. However, listen to your loved one about what he or she has to say about the signs you point out. Then, document this conversation the best you can.
To sum up, here are six steps to take if you suspect nursing home abuse or neglect. These steps include:
When you retain the services of our dedicated elder abuse attorneys, you get access to extensive knowledge, resources and compassion. We help our clients hold elder abuse perpetrators responsible. Furthermore, we do this by working to recover monetary compensation for the damages and harm caused by these actions.
Contact Kirsten Fish and the nursing home abuse attorneys at Needham Kepner & Fish LLP about your unique situation. We are available to answer your questions and guide you through your potential legal options during a free consultation.