Sunday, January 20, 2013

Anatomy of a Nursing Home Rape

Sexual Assaults in Nursing Homes are unfortunately not rare. That is why every Nursing Home has a set of policies and procedures to prevent sexual assault, rape or battery of elders. They do this beacuse they are required by Federal Regulations to protect vulnerable elders from sexual assaults and abuse.

Common factors seen in Rape cases include the following:
- The victim suffered Dementia and there fore is unable to identify or remember the attack.
- The victim was isolated or left alone unsupervised.
- The attacker has done this before whether or not he/she has been apprehended.
- Often these assaults are not reported or are denied as imaginary episodes by a "mentally unstabe resident".  Residents complaints are not believed.
- The facility denies responsibility and is slow to investigate.
- A person who reports the rape is not believed or is actually punished in some way by the facility.

Recently our firm was retained by the family of an 85 year old dementia patient who they believe was the victim of a sexual assault or rape. Rape is defined as the unconsented to penetration by body part or object of the sexual organs.

The facility, a Kindred Nursing Home in Massachusetts continues to deny not only that they are responsible in any way but that she was not the subject of a sexual assault. Even though she was found in the bathroom with heavy bleeding and blood clots from her vagina and also with a large bruise and swelling to her labia. The victim did not even recieve a hospital examination until the following day!

Our firm has filed suit in Superior Court for damages.

by Bernard Hamill

See more articles:
Nursing Home Abuse
Rape in Nursing Homes

No comments: