Elder Sexual Abuse

Elder abuse is an intentional or unintentional act that causes harm to an elderly individual, which the Centers for Disease Control defines as any person age 60 or older [1]. Approximately 1.9% of all older adults suffer sexual violence in an institutional setting like a nursing home or assisted living facility, making it one of the rarest forms of elder abuse [2]. 

However, these statistics may underrepresent the number of elderly victims who are sexually assaulted in nursing homes. Many victims may not report due to shame, stigma, or fear of retaliation, making it even more important that family members be on the lookout for warning signs of sexual abuse [3]. 

Some elders are more at risk of abuse due to physical illness, mental impairment, or isolation. 

If you or a loved one has suffered elder sexual abuse, you must report the crime to the local authorities. A sexual abuse lawyer from our firm can guide you through the process of getting justice, ensuring you receive compensation for this breach of trust. 

Forms of Elder Sexual Abuse in Nursing Homes

According to the National Institute on Aging, elder sexual abuse involves forcing an older person to be part of unwanted sexual activity or watch sexual acts [4]. This act can include physical touching as well as non-physical abuse, such as sexual harassment or exploitation. 

It is important to note that older adults have the right to intimate relationships in both institutional and community settings as long as they consent to the activity [5]. Elder sexual abuse is unwanted sexual contact or sexual contact with a person who is unable to give consent. 

While caretakers may be the first potential suspects, it’s also possible for other residents of a facility to be sexual abusers, called resident-on-resident sexual aggression (RRSA) [6]. 

Research suggests that this is the most common type of sexual abuse in institutional settings. RRSA can be fueled by cognitive decline like dementia, which can lower inhibitions and result in inappropriate behavior. 

Physical Sexual Abuse

Physical elder sexual abuse is any non-consensual sexual act. This abuse can include rubbing or sexually touching an older adult, or it could consist of forced sexual intercourse, also known as rape.

While professionals in care facilities may need to assist older people with toileting or other forms of hygiene care, it becomes sexual abuse when the abuser touches the victim in a sexual way rather than a professional manner. 

Emotional Sexual Abuse

Sexual abuse can occur even when there is no unwanted sexual contact. This form of elder abuse, called emotional sexual abuse, involves harassment, threats, or coercion. For example, perpetrators may make sexualized comments about the person or threaten them with rape to get them to comply. 

Psychological abuse may be joined with other forms of elder abuse, like financial exploitation, where the caretaker gains unauthorized access to the victim’s money, bank accounts, life insurance policies, and other possessions. 

The caretaker could also make degrading statements about the victim’s body, ask them inappropriate questions about their sexuality, or tell the victim about their own sex life without being prompted. Even though there was no inappropriate touching, this act is still a form of sexual abuse.

Sexual Exploitation

Sexual exploitation is using an elderly victim for sexual gratification or even financial gain. For example, the perpetrator may place the victim in compromising positions for their sexual enjoyment. Though this may not always involve sexual contact with the older adult, it is still a form of sexual abuse.

In some cases, the perpetrator may take photos and videos of the elderly individual to post online for attention. This form of abuse is becoming a disturbing trend among nursing home employees, as evidenced by a recent case in Minnesota. 

A former employee of the Bayshore Residence and Rehabilitation Center took degrading videos of residents, including those with cognitive or physical impairments, and posted them on social media accounts. Some of these were sexual, with at least three residents posed while partially nude or holding pornographic material [7]. 

Signs of Unwanted Sexual Contact an Elder Might Express

Elder sexual abuse is an under-researched and underreported topic, as many victims refuse to disclose that they were harmed out of shame or fear of punishment. Elder sexual abuse is less frequently reported than other types of elder abuse, so friends and family members must be on the lookout for potential signs of abuse and report their concerns to the police. 

Physical Signs

The elderly individual may complain of pain, or there may be bruising around the genital area. Elderly victims could also have unexplained vaginal or anal bleeding. New and unexplained sexually transmitted infections or hygiene problems can also be a warning sign of elder sexual abuse [3]. 

As sexual abuse can be painful and distressing, it can also cause any underlying health conditions to become worse as well. Sudden changes, such as weight loss or cognitive decline in their overall physical condition, can also suggest potential abuse. 

These cases should not be dismissed as age-related health issues, especially if the changes occur after they get a new roommate or a new staff member is hired. 

Behavioral Signs

Elderly victims may show significant behavioral changes, which include changes in eating habits, refusing to go to the restroom, trouble swallowing, nightmares, and even suicide attempts [8]. Sudden irritability or reluctance to talk can indicate serious issues like sexual abuse. 

Additionally, the individual may complain about being uncomfortable in the facility or ask to be moved elsewhere. They may express fear or dislike of specific individuals, such as another patient or a particular staff member. Because of fear or shame, these may be vague statements of unhappiness rather than direct accusations that they are being mistreated. 

Any changes to an older person’s behavior or everyday mood, especially if there is no medical cause, should be thoroughly investigated. Asking open-ended questions and assuring the individual that they won’t get in trouble for voicing their concerns can help residents feel safe sharing their feelings. 

Emotional Signs

The National Sexual Violence Resource Center notes that because of age-related changes, elder sexual abuse is more likely to result in severe trauma [9]. Symptoms of elder sexual abuse can include Post Traumatic Stress Disorder (PTSD), depression, anxiety, and poor self-image [8]. 

Victims may also self-neglect because of anxiety, such as refusing to take showers or groom themselves. Low self-esteem, suicidal ideation, and fear of being alone can all be signs of potential sexual abuse that should be taken seriously. 

The Role of Caregivers

Caregivers are responsible for ensuring their patients are safe and free from any form of abuse, including sexual abuse. Not only must they protect elderly individuals from potentially abusive staff members, but they must also monitor interactions between residents.

Proper training, building trust, and quickly reporting any potential abuse are crucial ways to protect vulnerable adults from exploitation. Additionally, having adequate staffing and appropriate resources for caregivers themselves can prevent abuse due to frustration or overwork. 

Caregiver Training

The first step in preventing or stopping elder sexual abuse is training caregivers to identify the warning signs. Research-based training modules should be provided to all staff in a nursing home so that they know how to identify signs of sexual abuse. Staff should also know the proper reporting procedures to take immediate action when they suspect abuse.

Building Trust With Residents

Residents may be afraid to report elder sexual abuse out of embarrassment or fear, but a trusting relationship with a responsible caregiver may make them more likely to disclose. 

In addition to understanding the warning signs of sexual assault, caregivers should know how to speak to an elder sexual abuse victim. For example, they should learn to listen without judgment, reassure the person that it is not their fault, and have additional resources available that the individual can read. 

Because an elderly individual may be afraid of getting in trouble or facing repercussions for reporting, it must always be clear that caregivers will believe them and intervene quickly. Vague statements about unease or unhappiness should be investigated further, even if it’s not immediately apparent that there may be sexual abuse going on. 

Monitoring for Signs of Abuse

Recognizing the signs of elder sexual abuse can help caregivers take immediate action when they suspect an older adult is at risk. 

This protection extends to potential danger from staff members or other elderly individuals in the facility. Carefully monitoring interactions and intervening if there are consistent problems between two residents can prevent further incidents and make the individual willing to disclose. 

Certain individuals are more vulnerable to elder sexual abuse, including seniors who have Alzheimer’s disease or dementia. Women are also more likely to be sexually assaulted than men [8]. As such, caregivers should focus additional attention on these vulnerable individuals to ensure they are not being exploited.

Legal Consequences of Elder Sexual Abuse

Elder sexual abuse is a serious crime that can result in criminal charges as well as civil lawsuits. An elder abuse lawyer can help victims navigate the legal system, report abuse to the proper authorities, and negotiate with the facility for adequate compensation. 

Criminal Charges

Family members and caregivers must report elder sexual abuse to Adult Protective Services as soon as possible to enable the authorities to conduct a proper investigation and file charges if necessary. Waiting to report can mean that crucial evidence is lost. 

In cases of sexual assault, police will need to perform a forensic examination to gather proof of sexual contact, and they may also take photos and statements. Sexual assault of a vulnerable individual like an older adult may result in more severe charges depending on the jurisdiction.

Civil Lawsuits

A civil lawsuit for elder sexual abuse will help you and your family recover damages for the financial and emotional losses you have suffered. Before filing a lawsuit, a lawyer will attempt to negotiate a fair settlement with the perpetrator or their employer, typically the nursing home’s insurance company. 

If this is unsuccessful, then you and your legal team can take the case to court, where your legal representative will present your claim before a judge and jury. The jury will then decide who is at fault and how much you should receive. 

They may also impose punitive damages to punish the perpetrator and ensure they do not abuse anyone else. Keep in mind that it’s possible to pursue both criminal charges and a civil case at the same time.

Nursing Home Liability

If the perpetrator is a staff member at a care facility, the nursing home can share part of the blame through several legal angles. The first is vicarious liability, meaning that they are responsible for their employee’s actions, even if the organization was not personally involved in the sexual abuse.

Negligent hiring and supervision means that the facility’s Human Resources staff did not properly vet the employees before hiring them to work with vulnerable elderly individuals. For example, they may not have pulled references or performed a background check. 

All employees need to be carefully supervised throughout their duties, and elder sexual abuse implies that the facility wasn’t appropriately supervising employees. In cases of resident-on-resident sexual aggression, the nursing home can be liable for failing to properly manage those under their care or intervene in cases of potential abuse. 

For example, if a patient with dementia was constantly sexually harassing another person, but the nursing home didn’t put measures in place that would separate the two, they are liable for any harm that occurs. 

The Role of a Nursing Home Injury Lawyer in Elder Abuse Claims

Legal services are vital in getting justice for elder sexual abuse. Healthcare institutions and their insurance companies will do everything they can to avoid responsibility for their actions, making it difficult to hold them accountable. 

They may hide important information, refuse to speak to you, or insist that they are not responsible for an employee’s actions. An experienced nursing home abuse attorney from our firm will ensure they answer for their failures in court. 

Investigating the Abuse

Our attorneys will investigate every aspect of elder sexual abuse to prove liability and fault. A variety of information, such as employee records, log books, surveillance footage, and medical records, can be used to build a strong case. Some of this information may be challenging for the average individual to find, but we have years of experience finding the truth.

We will investigate potential witnesses, such as other employees and staff members, and review all medical records. We will also take statements from the victim and their family, using a trauma-informed process that gets important information without causing further harm to our client. 

Building a Strong Case

Building a strong case involves creating a coherent narrative of events that is supported by the facts, pre-empting any claims that the elder sexual abuse did not happen or was consensual. In addition to speaking to witnesses and reviewing medical records, we will also consult with experts on sexual abuse who can provide their impartial opinion of what happened. 

By demonstrating a clear and compelling narrative of events, we can develop a persuasive, fact-based argument that shows the harm done to the elderly individual and who was responsible. 

Negotiating with Insurance Companies

Most personal injury cases begin with negotiations with the relevant insurance company. We will use the information we’ve gathered and our experience with similar sexual abuse cases to craft a demand letter that explains the sum we believe you deserve and how we have determined this number. 

Your attorney will submit this to the insurance company, who will come back with a counteroffer. In turn, we’ll either accept or reject the offer and return with a new number that is between our original demand and the insurance company’s offer. 

This process can continue for several rounds until you are satisfied. If the insurance company refuses to offer a fair sum, we may begin the mediation process. A mediator is a third party who helps two parties agree by reframing issues and encouraging open communication.

If negotiation and mediation fail, we’ll move on to the next step, which is litigation. 

Litigating the Case

If the facility fails to offer adequate compensation, our team may take the case to trial. This process involves filing paperwork, taking depositions, sharing information with the other party, and presenting your case in front of a judge and jury. 

We will handle the administrative details on your behalf and guide you through the process so you know what to expect should you choose to take the witness stand.

After all evidence has been presented, the jury will determine who they feel provided the most compelling evidence. If they rule in your favor, then they will also decide how much compensation you’re entitled to. However, if they rule against you, you will receive no compensation. 

Using our experience with cases like yours, we will advise you whether you have a solid case that is likely to succeed in court before we file a lawsuit.

Our Nursing Home Sexual Assault Attorneys Will Diligently Work to Bring You Justice

Elder sexual abuse is not just a crime; it is also a breach of trust and a failure by nursing homes to protect an older person’s rights. If you suspect an elderly person is being abused, report it immediately to proper authorities and seek legal counsel. 

The Nursing Home Law Center handles civil sexual abuse cases, negotiating with third parties to ensure you have the funds you need to recover in comfort. We work on a contingency fee basis, meaning you owe us nothing unless we earn you compensation.

To schedule your free consultation with an experienced elder abuse attorney, contact us 24/7 at (800) 926-7565 or use our online contact form. 

References: [1] Centers for Disease Control, [2] World Health Organization, [3] Rape, Abuse & Incest National Network, [4] National Institute on Aging, [5] The National Long-Term Care Ombudsman Resource Center, [6] The National Consumer Voice for Long-Term Care, [7] CBS News, [8] State of Michigan, [9] National Sexual Violence Resource Center