Vulnerable, defenseless senior citizens are often the victim of rape and sexual abuse in nursing homes. The statistics about sexual abuse of nursing home residents are staggering with one study finding that 75% of the sexual assaults reported by nursing home residents were committed by employees of the nursing home. Nursing residents must also be wary of other residents who may be a threat to commit sexual abuse. Some nursing home companies are aware that some of their residents have a history of sexual assault when they accept them into the facility and that they are likely be commit sexual offenses during their residency. Yet, they often ignore that information and accept them into their facility.
Nursing home residents are easy targets for sexual predators since they often lack the mental capacity to report the sexual assault and the physical ability to resist the attack. It is impossible to know exactly how many nursing home residents have been sexually abused because of the mental and physical condition of the victims. What residents and families need to know is that sexual abuse is a real risk and does occur in nursing homes.
Common signs of sexual abuse in nursing home residents.
While some nursing home residents are unable report the sexual abuse they have suffered, their behavior often provides clues as to what they have experienced. While nursing homes should pay attention to these clues, they often either overlook them or just ignore them. Oftentimes, it is the family who needs to pay attention to the resident for signs of sexual assault. Here are some common signs that a nursing home resident has been the victim of a rape or sexual assault:
- Statements by residents hinting that an assault may have occurred.
- Reports that another resident has been a victim of abuse.
- Genital trauma and sensitivity.
- Diagnosis of a sexually transmitted disease.
- Shame or embarrassment when asked about physical signs of abuse.
- Fear or strong feelings toward a particular staff member.
- Change in personality.
- Depression and crying.
- Caregiver is overly forward or intrusive when providing personal care.
What should a nursing home do to prevent a sexual assault?
Nursing homes and the corporations that own and operate them know that some employees pose a threat to vulnerable residents. As a result, they must act responsibly when hiring employees who are allowed close access to vulnerable nursing home residents. While nursing homes are required to do a thorough background check on applicants there are times when it is not done. They are also supposed to determine if the prospective employee is on a list that does not allow them to work in nursing homes, but again, sometimes that is not done. If a nursing home receives a warning about certain current or prospective employees, it must be taken seriously and investigated by nursing home officials.
Nursing home employees are not the only perpetrators of sexual crimes on residents. In some cases, nursing homes have accepted residents who have demonstrated that they represent a potential danger to the remaining residents. The pressure to increase the number of residents in the facility (known as the facility census) is so strong that some nursing homes opt to ignore the signs that the new resident may pose a threat to the safety of their current residents. Regardless of whether the resident that poses a threat to others is a potential resident, new resident or long term resident, the nursing home has an affirmative duty to do everything they can to protect their residents and keep them safe from harm. If the facility and the related corporate entities fail to take reasonable steps to protect their residents from being victims of a sexual assault, they can be held liable for any harm that may occur when a known or suspected threat becomes reality.
How to protect your loved one from sexual assault
The sexual assault of a defenseless nursing home resident is repulsive. Not only do the victims of the assault suffer physical and emotional scars, family members often experience guilt and other negative emotions. Unfortunately, you cannot count on the nursing home to keep your loved one safe. To protect your loved one from becoming the victim of a sexual assault in a nursing home, you have to be both proactive and reactive.
Proactive
- Since most nursing home sexual abuse occurs at night, take the time to visit your loved one at different times, including occasional visits in the middle of the night. Don’t be predictable.
- If the door to your family member’s room is closed when it shouldn’t be, don’t be afraid to “barge in”.
- Know the name of each employee who has access to your loved one, particularly those who are responsible for bathing, cleaning and dressing them.
- Watch for evidence of other residents who may be sexually inappropriate.
- Talk to the facility administrator about whether proper criminal background checks were accomplished on all staff members.
Reactive
- Regularly check your family member for unexplained bruising or redness around the breasts and genitals. This is never an easy thing to do especially with a parent, but it is an essential activity to keep your family members safe.
- Report all bruises and changes of personality and get documented explanations for each.
- If possible, talk with your loved one about concerns related to specific individuals.
- Discuss all concerns with facility management, request changes, and follow up to insure changes are implemented.
- Report all concerns in writing.
- Don’t be afraid to be a pest.
Nursing homes will cover up sexual abuse of residents
One of the major mistakes families of nursing home residents make is believing what the nursing home tells you. By and large, nursing home companies are more interested in protecting their own assets than they are the safety of the residents in their facility. When a resident is raped or sexually assaulted in the facility, some nursing homes will go into “cover up” mode. Rather than making sure that perpetrators are punished and traumatized residents get the care and treatment they require, the “gut instinct” of the nursing home company is to delay any investigation and protect themselves.
How do nursing homes engage in a cover up? They don’t call the police. They may destroy evidence by washing sheets, or bathing the resident. They may actually throw away key evidence. The nursing home staff may clean the room where the abuse occurred in order to cover up evidence of the crime.
Why do nursing homes engage in a cover up? The main reason is to avoid civil liability. Nursing homes almost always make numerous promises about how well they will care for your family member but when something goes wrong, they will often circle the wagons around their own employees to protect their company.
If your family member has been raped or sexually assaulted in a nursing home, you should:
- Call the police IMMEDIATELY.
- Call the state agency responsible for monitoring nursing homes.
In Maryland, call the Office of Health Care Quality at 1-410-402-8201. - Make sure all evidence is secured and not destroyed.
- Don’t let sheets or clothes worn during the assault be laundered.
- Make sure the room is not cleaned.
- Make sure resident is not bathed before being examined by a physician.
- Get the resident to a hospital as soon as possible.
- Ask police to do an independent investigation and get independent witness statements. Don’t rely on the nursing home to do this because they will try to keep the investigation and witness statements private.
We can help if your loved one has been sexually assaulted in a nursing home
Our attorneys have been successful in resolving cases favorable to our clients and their families where nursing home residents have suffered sexual abuse by those who had promised to keep them safe. If a family member or loved one has been sexually assaulted at a Maryland nursing home, contact Nursing Home Justice Associates at 1-410-825-ABUSE (2287) to learn more about your legal rights.
Nursing Home Justice…..It’s What We Do.
Other Injuries Suffered By Nursing Home Residents:
Bed Sores, Pressure Sores, Decubitus Ulcer
Burns
Choking
Clogged Breathing Tubes
Falls
Malnutrition & Dehydration
Medication Errors
Physical Abuse
Restraints & Bedrails
Sepsis/Infection
Sexual Abuse
Wandering & Elopement