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Sexual Abuse in Nursing Homes
Strong advocacy for seniors who suffer abuse at WA nursing homes and long-term care facilities
Nursing homes and long-term care facilities have a duty to ensure that their residents are protected from sexual abuse – whether by staff members, other residents, and anyone with access to the facility. At Smith McBroom, we’re dedicated to the pursuit of justice; especially on behalf of seniors and disabled Seattle residents who are unable to take care of themselves or are too afraid to assert their rights. Nursing homes and long-term care facilities have a duty to identify when sexual abuse may occur, take preventive measures, and respond promptly when sexual abuse does happen. Our Seattle sexual abuse lawyers have been fighting for more than 20 years to ensure the dignity of sexual abuse victims and to obtain all the compensation they deserve.
How can we help?
- What is sexual abuse?
- What duties do Seattle nursing homes and long-term care centers have to prevent sexual abuse?
- What are the signs and symptoms of sexual abuse?
- Which Seattle long-term care residents are likely to be sexually abused?
- Who do your Seattle sexual abuse lawyers hold accountable?
- How much is a nursing home resident’s sexual abuse claim worth in Washington state?
- Do you have a Seattle abuse lawyer near me?
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What is sexual abuse?
Sexual abuse, according to the US National Institute of Health (NIH), involves:
- “Nonconsenting sexual contact of any kind.” This type of elder abuse often goes
- Sexual contact with any person incapable of giving consent.
- Unwanted touching.
- All types of sexual assault, including “rape, sodomy, coerced nudity, and sexually explicit photographing.”
Washington state law defines sexual misconduct as “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.” Examples of sexual abuse of the elderly or disabled include:
- Rape (sexual intercourse without consent) and attempted rape.
- Sodomy.
- Voyeurism – photographing, viewing, or filming another person, without that person's knowledge and consent.
- Unwanted touching of sexual parts.
- Exposure of private parts without the consent of the nursing home resident.
- Recklessly exposing another person to sexually transmitted diseases.
- Sexual harassment.
According to the NIH, “the types of sexual abuse reported to be most common were sexualized kissing and fondling, as well as inappropriate sexual interest in the victim's body.”
What duties do Seattle nursing homes and long-term care centers have to prevent sexual abuse?
Nursing homes are long-term care (LTC) facilities that provide medical care to residents, generally include seniors with physical and mental difficulties and non-seniors with disabilities. Other long-term care facilities typically involve residents who are more independent.
Nursing homes need to be extra cautious because most of their residents are not able to resist any unwarranted sexual contact. Residents with dementia may both commit sexual abuse because of their cognitive challenges and be targets of sexual abuse. People with dementia often can’t report improper sexual contact because they can’t remember what happened.
Nursing homes and long-term care facilities should have policies and procedures in place to monitor who can spend time with each resident in private, who can monitor the rooms of the residents, how to protect residents from unwanted sexual contact, how to report sexual abuse, how to discipline abusers, and many other policies.
One of the first steps our Seattle sexual abuse lawyers review is what policies the nursing home or LTC facility implemented to protect each resident.
Generally, nursing homes and doctors are required to report sexual abuse. These “mandatory reporters” must “immediately report the abuse, abandonment, neglect, and financial exploitation of a vulnerable adult to the Washington State Department of Social and Health Services (DSHS).”
What are the signs and symptoms of sexual abuse?
Family members should spend time with their loved ones to help observe the signs their father, mother, or other relative has been sexually abused.
Common signs of sexual abuse, according to the US Department of Justice, include:
- Genital bruises or bruises around the breasts.
- Genital infections or sexually transmitted diseases that cannot be explained.
- Vaginal or anal bleeding that cannot be explained.
- Behavioral changes, including anxiety, depression, fear of others, and being withdrawn.
- Blood on a resident’s clothes, linens, or sheets.
- “Evidence of pornographic material being shown to an older adult with diminished capacity.”
- Reports or complaints of sexual assault or rape.
Other signs include difficulty walking, insomnia, panic attacks, post-traumatic stress disorder (PTSD) symptoms, and any awkward behavior when the person suspected of sexual abuse is nearby.
Family members who suspect their loved one is being sexually abused should:
- Seek a medical exam for their loved one.
- Contact the Washington State Department of Social and Health Services.
- Contact the Washington State Long-Term-Care Ombudsman Program.
- Contact our Seattle sexual abuse lawyers.
Who do your Seattle sexual abuse lawyers hold accountable?
Sexual abusers of nursing home residents include staff members, other residents, workers who have access to the resident’s rooms, and visitors to the nursing home. If criminal charges are filed against the sexual abuser, we coordinate your civil case with the criminal prosecution.
Generally, our aim is to hold the nursing home responsible for the sexual abuse because they failed to prevent the abuse from occurring, monitor their residents for the signs and symptoms of abuse, encourage residents to confidentially report sexual abuse, investigate claims of sexual abuse, and respond to sexual abuse when it occurs.
Nursing homes should conduct background checks of their employees to review if they have any prior record that indicates that they might threaten the safety of the residents. Nursing homes should be aware of the risk factors of abuse by their staff members. These risks include alcohol or drug abuse or dependency and issues of hostility,
Nursing homes should also use extra precautions to identify their residents who have dementia or cognitive challenges, as these residents may be both sexual abusers and also victims of sexual abuse.
How much is a nursing home resident’s sexual abuse claim worth in Washington state?
Sexual abuse robs nursing home residents of their dignity. The trauma will likely last for the rest of their lives. At Smith McBroom, we work with doctors who can treat your loved one’s physical injuries and any sexually transmitted infections or diseases. We also work with psychologists and other sexual assault counselors to ensure your loved one’s emotional trauma is treated.
We demand damages for your loved ones':
- Medical expenses.
- Physical pain.
- Emotional suffering.
- Loss of quality of life.
- Inability to enjoy life’s pleasures.
Your loved one may also be entitled to punitive damages from both the abuser and the nursing home.
Do you have a Seattle abuse lawyer near me?
Smith McBroom meets the victims of sexual abuse and their families at our Seattle office at 16400 Southcenter Parkway Suite 210. We also meet nursing home abuse victims at their nursing homes and healthcare facilities when necessary. Phone conversations and online consultations are also options.
We understand the trauma of sexual abuse. We’ll answer all your questions and guide you and your loved one step-by-step through the claims process.
Speak with our experienced Seattle nursing home and long-term-care facility lawyers now
Sexual abuse of any resident of a nursing home or similar facility is horrible. At Smith McBroom, we’re skilled at showing when and how sexual abuse of residents occurs and why the nursing home should be held accountable. We demand compensation for your loved one’s financial and personal damages. Please call us or fill out our contact form to schedule a free consultation. Our Seattle sexual abuse lawyers have helped many victims of nursing home abuse and neglect obtain substantial recoveries. We represent victims in Tukwila, Seattle, and across Washington state.