When it comes to the various forms of nursing home abuse in California, sexual abuse of residents is among the most serious and heartbreaking. Data from the National Center For Elder Abuse (NCEA) indicates that elderly individuals are particularly vulnerable to sexual abuse in nursing homes, with 1.9% of all reports of nursing home abuse being sexual in nature. To make matter worse, California’s aging population has seen a dramatic increase in the number of individuals living in these facilities in recent years, meaning that the opportunity for this type of abuse by caregivers will also be on the rise.
At the same time, it can also be difficult to really understand the scope of sexual abuse in nursing homes, because any complaint or instance of it–like other forms of elder abuse–must be self-reported. As such, some of the same factors that make sexual abuse in nursing homes so prevalent – such as power dynamics and lack of oversight – also make it difficult for victims to speak up about the abuse, thus making it difficult for authorities to intervene. Still, it’s important for victims of elder sexual abuse and their families that they have support and options available to them.
Free Consultations For Victims of Elder Sexual Abuse in California Nursing Homes
At Maison Law, our team of experienced and dedicated California nursing home abuse lawyers can provide this legal support for any victim of elder sexual abuse. With our knowledge of California law and an unyielding dedication to our clients, we have developed a proven system of success in pursuing justice and compensation for victims of sexual abuse in nursing homes. We demand that nursing homes be accountable for how they treat their residents, and client satisfaction is always our number one priority. To get started with a free consultation, contact us today.
How Does California Approach Elder Sexual Abuse in Nursing Homes?
Recognizing the need to protect its elderly citizens from sexual abuse, California has taken various steps to respond to the issue. This includes enacting laws that make it a crime to engage in sexual contact with or expose oneself to, an elderly person under the care of a nursing home. These laws also provide criminal liability for those who fail to report abuse when they become aware of it.
Specifically, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) is the main law that targets this issue. The EADACPA definition of elder abuse is rather broad so it can capture the wide variety of different types of mistreatment of elderly residents, including sexual abuse. Under the EADACPA, elder abuse is defined as any:
- Physical abuse
- Neglect
- Financial abuse
- Abandonment
- Isolation
- Abduction
- Any other treatment that results in physical harm, pain or mental suffering.
As it relates specifically to elder sexual abuse, the EADACPA’s provisions against physical abuse apply here. In general, elder sexual abuse occurs under the following conditions:
- Making physical or sexual contact with an elderly person;
- The contact is nonconsensual or unwanted; and
- Making sexual contact with an elderly person who is confused or unable to give consent.
In addition, California has also implemented programs aimed at increasing awareness and providing resources to victims and those at risk of abuse:
- “Be Safe” program – California’s “Be Safe” program educates nursing home staff on the signs of abuse and provides information on how to report it. Under the EADACPA, any staff member at a nursing home has a mandatory requirement to report any instance of abuse.
- “Safe Haven” program – The “Safe Haven” program provides elderly nursing home residents with safe and secure spaces to report abuse or seek help. This program is similar to other programs that protect and provide resources for victims of sexual abuse.
Unfortunately, even with these definitions and programs in place, sexual abuse in nursing homes is an ongoing issue that requires a concerted effort from the state and society to raise awareness and prevent it. State laws and programs provide an important foundation for combatting the issue, but part of the process is understanding why sexual abuse happens in nursing homes in California.
Warning Signs of Elder Sexual Abuse in California Nursing Homes
Obviously, elder sexual abuse is among the most vicious and concerning forms of nursing home abuse. In these unfortunate scenarios, it’s important to understand the various causal mechanisms that lead to elder sexual abuse. Among the common causes are:
The typical signs and indicators of sexual abuse against the elderly can be either behavioral or physical. They include the following:
- Staff misconduct
- Neglect of duty by staff
- Lack of training and education for staff
- Resident vulnerability
- Understaffing
- Poor screening of staff and residents, or “negligent hiring”
While the causes are in place in virtually every nursing home setting, every case of sexual abuse is unique. However, there are some common warning signs that your loved one or another elderly resident is being sexually abused:
- Unexplained pelvic or genital injuries
- Developing a sexually transmitted disease
- Torn, bloody or stained underwear
- Bruises of the genitals or inner thigh
- Bleeding from the genital area
- Problems walking or sitting
- Irritation or pain in the genital area
- Panic attacks
- Signs of Post-traumatic stress disorder (PTSD)
- Agitation
- Social or emotional withdrawal from others
- Engaging in inappropriate, unusual or aggressive sexual activities
- Suicide attempts
- Inappropriate interactions between caregivers and residents, such as groping or lewd gestures.
Often, these causes are completely out of your elderly loved one’s control, which only adds to the feeling of helplessness. However, understanding these causes and their warning signs can help you or anyone else that suspects abuse to take action.
What Actions Can Be Taken In California to Hold Nursing Homes Accountable For Elder Sexual Abuse?
While elder sexual abuse is an ongoing problem in California, there are various legal and regulatory options for victims. These actions to hold nursing homes accountable for elder sexual abuse include:
- Reporting sexual abuse to the proper authorities, such as the police or the California Department of Aging & Adult Services (DAAS).
- Filing a complaint with the California Department of Public Health (DPH).
- Pursuing a civil lawsuit against the nursing home for damages relating to the sexual abuse, including compensation for physical injuries and emotional harm.
- Participating in advocacy efforts to improve laws and regulations to protect elderly residents from abuse and neglect.
Among the most important steps you can take is contacting our experienced team of California nursing home abuse lawyers. Not only will we provide your elderly loved one with our top-rated legal services, but we will also provide them with a sympathetic ear, support, and validation. It’s important for them and other victims to realize that what happened to them was not their fault, and with Maison Law’s team on their side, they can hold the nursing home accountable.
Suspect Nursing Home Abuse? Contact Maison Law Today
At Maison Law, our skilled team of California nursing home abuse lawyers will stand with your elderly loved one if they are suffering sexual abuse in their nursing home. By choosing to work with us, we can help make sure they get the care and treatment they need to live a happy, healthy life.
If you have reason to believe that your elderly loved one is suffering sexual abuse in their nursing home, contact us for a free consultation.
