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Elder Sexual Abuse

San Jose Elder Sexual Abuse Lawyer

Get Legal Help for Elder Sexual Abuse in Nursing Homes and Assisted-living Facilities

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 San Jose elder sexual abuse attorneys are available to discuss your unique situation. We can help you understand your legal options during a free consultation. Get a free consultation by calling (408) 716-1668.

What Is Elder Sexual Abuse in California?

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:

  • Does not give his or her consent
  • Incapable of giving consent or giving informed consent
  • Threatened, coerced or manipulated into sexual contact
  • Physically forced into sexual contact

Generally, perpetrators of sexual abuse in nursing homes and assisted-living facilities are often:

  • Staff members
  • Other residents
  • Visitors to the facility

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 San Jose 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.”

What Are Examples of Elder Sexual Abuse?

Any sexual contact, exposure or activity is considered abuse when it is non-consensual. 

The following unwanted behaviors or actions constitute sexual abuse:

  • Kissing
  • Touching or fondling
  • Sexual intercourse (rape), including anal or oral copulation (sodomy) and attempted rape
  • Coerced or forced nudity outside of a medical setting
  • Forcing an older person to view others engaged in sexual contact
  • Forcing an older person to watch pornography
  • Sexual comments, jokes or stories toward an older person
  • Pornographic pictures or videos of the older person

What Are Signs of Elder Sexual Abuse in Nursing Homes and Assisted-Living Facilities?

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:

  • Bruises around the arms, legs, breasts and/or genital area
  • Scrapes on the hands, wrists, ankles and thighs (may indicate forceful restraint)
  • Unexplained pelvic pain or injury
  • Unexplained vaginal or anal bleeding
  • Difficulty or pain when walking or sitting
  • Unexplained sexually transmitted disease (STD), infection or HIV
  • Torn, stained or bloody underwear
  • Torn, stained or bloody bedding

A few behavioral signs may include, but are not limited to:

  • Regressive behaviors, such as becoming socially or emotionally withdrawn
  • Depression
  • Unexplained anxiety and/or fear, especially in the presence of a certain individual
  • Panic attacks
  • Resisting certain kinds of care (i.e. bathing)

What to Do If You Suspect Elder Sexual Abuse in California

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:

  1. Call your local authorities.
  2. Talk to your loved one.
  3. Report the suspicion to the facility’s administration.
  4. Document the perceived abuse.
  5. File a formal complaint against the facility.
  6. After that, discuss your situation with a sexual elder abuse attorney in San Jose, CA.

What Damages Can Be Recovered In An Elderly Sexual Abuse Lawsuit?

When pursuing an elderly sexual abuse lawsuit, various types of damages can be recovered to compensate the victim for their suffering and losses.

Compensatory damages are intended to cover the actual losses incurred by the victim. They can include:

  • Medical Expenses: Costs related to medical care, including hospital bills, therapy, medications, and any ongoing medical treatments.
  • Pain and Suffering: Compensation for the physical pain endured due to the abuse.
  • Emotional Distress: Damages for the psychological impact of the abuse, such as anxiety, depression, and PTSD.
  • Loss of Enjoyment of Life: Compensation if the victim’s quality of life has significantly declined due to the abuse.
  • Relocation Costs: If the victim needs to be relocated to a safer environment, these expenses can be covered.

The court has the authority to grant punitive damages in situations where the abuse was exceptionally severe. These are intended to penalize the offender and discourage future instances of the same behavior. They are granted in addition to compensatory damages and are a reflection of the abuser's heinous acts.

Seeking Justice for Victims of Elder Sexual Abuse

Our team of skilled elder sexual abuse lawyers at Needham Kepner & Fish LLP is committed to pursuing justice on behalf of victims in assisted living and nursing homes. We are dedicated to offering clients who have been injured caring and tenacious legal assistance because we recognize the delicate nature of these situations.

When you choose our firm to represent you, you can expect:

  • Thorough investigation of the abuse allegations
  • Advocacy for your rights and interests
  • Guidance through the legal process
  • Compassionate support every step of the way

If you or a loved one has been a victim of elder sexual abuse, do not hesitate to reach out to us for a free consultation. We are here to help you seek the justice and compensation you deserve.

How Our Elder Sexual Abuse Attorneys Can Help

When you retain the services of our dedicated San Jose elder sexual 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 elder sexual abuse lawyers in San Jose 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.

Call us at (408) 716-1668 or contact us online and we will be in touch with you soon.

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