Elder Abuse and Sexual Assault Attorney

Although it’s difficult to consider, elders are victims of rape and sexual abuse more often than you may think. According to a 2017 report from the World Health Organization (WHO), nearly 2% of nursing home residents have reported sexual abuse, while 70% of cases go unreported.

Elder rape and sexual abuse are deeply traumatic experiences that violate trust, dignity, and safety. For victims and their families, these acts represent not only physical harm but also emotional devastation. 

Understanding Elder Sexual Abuse

What Is Elder Sexual Abuse?

Elder sexual abuse involves any non-consensual sexual act or behavior perpetrated against an elderly individual. This abuse can occur in various settings, including:

• Nursing homes
• Assisted living facilities
• Private residences
• Hospitals or care facilities

Abusers may include staff members, caregivers, other residents, or even family members.

Forms of Elder Sexual Abuse

Elder sexual abuse can take many forms, including:

• Unwanted touching or groping
• Sexual assault or rape
• Forced nudity
• Sexual harassment
• Coerced participation in sexual activities
• Exploitation through pornography

These acts are particularly heinous because elderly individuals are often unable to defend themselves due to physical or cognitive limitations.

Recognizing Signs of Elder Sexual Abuse

Elderly victims may not always report abuse due to fear, shame, or inability to communicate. This makes it crucial for loved ones to recognize the warning signs.

Physical Indicators

• Unexplained bruises, scratches, or injuries around genital areas
• Difficulty walking or sitting
• Bloody or torn undergarments
• Recurrent urinary tract infections or sexually transmitted infections

Behavioral Changes

• Sudden withdrawal or depression
• Fearfulness around certain individuals
• Hesitation to be touched
• Emotional outbursts or anxiety

Environmental Red Flags

• Caregivers refusing to leave the victim alone with visitors
• Poor supervision in nursing homes or assisted living facilities
• A facility with a history of abuse complaints

If you notice these signs, it is essential to act quickly. Elder sexual abuse is a criminal offense that requires immediate intervention.

How to Address Sexual Abuse

If you suspect abuse, report it immediately. Contact law enforcement and file a report with Adult Protective Services (APS). If you discovered the abuse soon after the act, preserve evidence. Do not bathe the victim or wash their clothes, as these may contain critical evidence.

Most importantly, seek medical attention for your loved one. A healthcare professional can provide care and document injuries.

Victims of sexual abuse often feel ashamed or scared to speak up, which is why family members must stay vigilant and supportive.

Legal Options for Victims of Elder Sexual Abuse

Victims of elder sexual abuse and their families have the right to pursue justice through both criminal charges and civil lawsuits.

Criminal Charges

Law enforcement can investigate the abuse, leading to potential prosecution and penalties such as imprisonment or fines for the perpetrator. While criminal proceedings are essential for accountability, they do not provide financial compensation for the victim.

Civil Lawsuits

Filing a civil lawsuit allows victims to seek financial compensation for the harm they’ve suffered. These lawsuits often target:

• The perpetrator: The individual who committed the abuse.
• Negligent institutions: Nursing homes, hospitals, or assisted living facilities that failed to prevent or stop the abuse.

Compensation can cover:

• Medical expenses (physical and psychological treatment)
• Pain and suffering
• Emotional distress
• Loss of quality of life

Wrongful Death Claims

In tragic cases where elder sexual abuse results in death, families may file a wrongful death lawsuit to hold those responsible accountable.

Preventing Elder Sexual Abuse

While legal action is critical, prevention is equally important. Families can take steps to reduce the risk of abuse:

Research Facilities Thoroughly

Before placing a loved one in a nursing home or care facility, investigate its reputation. Check online reviews, state inspection reports, and abuse complaint histories.

Visit Regularly

Frequent visits allow you to monitor your loved one’s care and spot any signs of mistreatment.

Foster Open Communication

Encourage your loved one to share their experiences and feelings. Make it clear they can talk to you about anything without fear of judgment or retaliation.

Advocate for Improved Standards

Push for better staffing ratios, training programs, and background checks for caregivers.

The Importance of Speaking Out

Elder sexual abuse is an underreported crime due to stigma, fear, or a lack of awareness. By speaking out, victims and families can prevent further abuse, hold perpetrators accountable, and shine a light on systemic issues in elder care facilities.

If you suspect abuse, don’t stay silent. Reporting the issue can save lives and bring justice to those affected.

Common Reasons Elder Abuse Cases Are Not Reported

Many elder abuse cases go unreported due to:

• Fear of Retaliation: Victims may fear punishment from their caregiver.
• Shame: Elders may feel embarrassed or blame themselves.
• Dependence on the Abuser: Financial or physical reliance on the abuser can prevent reporting.
• Lack of Awareness: Family members may not recognize the signs of abuse.

Breaking the silence around elder abuse is critical to protecting vulnerable individuals.

How to Strengthen an Elder Abuse Case

To build a strong case, you’ll need:

1. Detailed Records: Document any signs of abuse, including photos and written descriptions.
2. Medical Evidence: Obtain medical records that support the claim of abuse or neglect.
3. Witness Statements: Collect statements from other residents, staff, or visitors who witnessed the abuse.
4. Legal Representation: An experienced elder abuse attorney can navigate the complexities of these cases and fight for justice.

What should I do if I suspect elder abuse?

If you suspect elder abuse, take immediate and decisive action to ensure your loved one is safe or can get to safety. If the elder is in immediate danger, call 911 or your local emergency services right away. Remove the individual from the harmful environment if possible, ensuring their safety without putting yourself at risk.

Keep a detailed record of any signs of abuse or neglect, including:

• Physical Evidence: Bruises, burns, or other injuries.
• Behavioral Changes: Anxiety, depression, or withdrawal.
• Environmental Concerns: Unsanitary living conditions or lack of proper care.
• Conversations: Any statements the elder has made about their treatment.
  Photos, written descriptions, and dates will help strengthen any future reports or legal actions.

File a report with the appropriate agency. You can contact:

• Adult Protective Services (APS): Each state has its APS office that investigates elder abuse claims.
• Law Enforcement: File a police report for cases involving physical harm, sexual abuse, or other criminal activity.
• Ombudsman Program: Many states have a long-term care ombudsman who can address concerns in nursing homes or assisted living facilities.

Provide all evidence and observations to these agencies to aid their investigation.

If the elder has suffered injuries or health complications, ensure they receive prompt medical care. A doctor can document physical injuries, which may serve as critical evidence.

Next, contact Morgan & Morgan. You can speak to one of our experienced elder abuse lawyers to understand your legal options. Attorneys can:

• Help investigate the abuse.
• Assist in holding the responsible parties accountable.
• File a civil lawsuit to recover damages for the victim’s pain and suffering, medical expenses, and other losses.

Morgan & Morgan’s elder abuse attorneys are well-equipped to guide families through this process.

Elder abuse victims often feel isolated, ashamed, or afraid. Offer emotional reassurance, listen to their concerns, and let them know they are not alone.

Taking swift action can help prevent further harm and ensure the elder receives the care and respect they deserve. If you need legal assistance, Morgan & Morgan is here to help. Contact us for a free case evaluation to discuss your case.

What types of compensation can victims of elder abuse receive?

Victims of elder abuse and their families may be entitled to various forms of compensation depending on the nature and severity of the abuse. Compensation in elder abuse cases typically aims to address the physical, emotional, and financial harm caused by the abuse or neglect. 

Economic damages compensate for the measurable financial losses associated with the abuse. These may include:

• Medical Expenses: Reimbursement for hospital stays, medications, therapy, rehabilitation, or any other medical treatment related to injuries or neglect.
• Cost of Relocation: If the victim needs to be moved to a safer facility, the costs of finding and transitioning to a new care home can be included.
• Lost Assets or Funds: If financial abuse occurred, victims could seek recovery of stolen or mismanaged assets, savings, or funds.
• Funeral and Burial Costs: In cases of wrongful death resulting from elder abuse, families may be compensated for these expenses.

Non-economic damages address the emotional and psychological impact of the abuse, which can be significant. These may include:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the abuse.
• Loss of Dignity or Quality of Life: Elder abuse can severely diminish a person’s sense of dignity or enjoyment of life, which may be reflected in the compensation.
• Emotional Trauma: Victims of emotional abuse, neglect, or sexual abuse may experience long-term psychological effects, such as anxiety, depression, or PTSD.

In cases where the abuse was particularly egregious or intentional, the court may award punitive damages. These are designed to punish the wrongdoer and deter similar conduct in the future.

Family members who have been impacted by the abuse of their loved one may also be entitled to compensation, including:

• Loss of Companionship: Emotional suffering caused by the diminished relationship with the victim due to abuse.
• Loss of Financial Support: If the elder provided financial assistance to their family and the abuse led to their death or incapacitation, family members may claim compensation for lost financial support.

If elder abuse results in the death of the victim, the family may pursue a wrongful death lawsuit to recover:

• Funeral and burial expenses.
• Loss of companionship and guidance.
• Pain and suffering endured by the deceased before passing.

Are nursing homes legally responsible for sexual abuse by their staff?

Yes, nursing homes can be held legally responsible for abuse committed by their staff members under several legal theories, depending on the circumstances. These facilities have a duty to provide safe and adequate care for their residents, and failing to do so can lead to legal liability. 

How common is elder sexual abuse in nursing homes?

According to the World Health Organization, 1 in 6 people aged 60 or older experiences some form of abuse annually, and nursing homes are a significant area of concern.

According to another 2017 report from the World Health Organization (WHO), nearly 2% of nursing home residents have reported sexual abuse, while 70% of cases go unreported.

Can elder sexual abuse happen outside of nursing homes?

Yes, elder abuse can occur in private homes, hospitals, or other care settings, often by family members or hired caregivers.

How can I ensure my loved one’s safety in a nursing home?

Regular visits, monitoring their physical and emotional well-being, and staying informed about their care are key. Also, understand their rights under the Nursing Home Residents’ Bill of Rights.

Elder abuse is a heartbreaking violation of trust and dignity. By knowing the signs, understanding the law, and seeking help when needed, you can protect your loved ones and ensure they receive the care they deserve. 

In the most difficult moments of your life, Morgan & Morgan has your back. The mistreatment of your loved one shouldn’t go unpunished, and we’re here to help you hold the responsible party accountable for their actions. Our compassionate attorneys have years of experience with cases just like yours and will fight tirelessly for the rights of you and your family.

If you believe someone you love has been a victim of elder abuse, Morgan & Morgan is here to help. Contact us today for a free case evaluation.

How Morgan & Morgan Can Help

At Morgan & Morgan, we approach elder sexual abuse cases with empathy and determination. We understand the sensitive nature of these cases and are here to provide the support victims and their families need to navigate the legal process.

We take the time to understand your story and the unique details of your case. Our team is trained to provide a safe, judgment-free environment where victims and families feel supported.

Our attorneys work with investigators, medical experts, and forensic specialists to uncover evidence of abuse. This may include reviewing medical records, analyzing staff schedules and surveillance footage, and interviewing witnesses.

Many elder sexual abuse cases involve systemic failures, such as understaffing, poor supervision, or inadequate training. We ensure institutions are held accountable for their role in enabling abuse.

When we take on a case, we fight tirelessly to secure the compensation victims and families deserve, covering medical care, counseling, and other damages. Plus, we operate on a contingency fee basis, meaning you pay nothing unless we win your case. This allows access to justice for all and motivates our team to win.

With over 35 years of experience and a nationwide presence, Morgan & Morgan is equipped to handle even the most complex elder abuse cases. We understand that every case is unique, and that’s why our team works closely with victims and families to develop a tailored legal strategy. Our mission is to protect the vulnerable and ensure that wrongdoers face the consequences of their actions.

If you or a loved one has suffered from elder rape or sexual abuse, don’t wait to seek help. Morgan & Morgan is here to provide the support, guidance, and legal expertise you need during this difficult time.

Take the first step and contact us today for a free, confidential case evaluation. We’re available 24/7 and ready to fight for the justice and compensation you deserve.

You are not alone. Together, we can fight for justice.