One of the most heinous acts occurs when a vulnerable nursing home patient is sexually abused by an employee of the facility or another resident. After an attack, a resident’s physical and emotional trauma will change them forever. Often, they are too embarrassed or confused to tell anyone. But if you advocate for a fragile loved one, you should be aware that these attacks, though rare, do happen.
There are signs you should look for, especially if your loved one becomes reclusive, frightened, or appears distressed when an abuser is nearby. The Administration for Community Living (ACL) reported more than 20,000 sexual abuse complaints over the past 20 years, equating to three people traumatized daily. Fortunately, sexual abuse in Toledo nursing homes is not rampant, but if you suspect it, a diligent elder neglect attorney at Zoll & Kranz, LLC could intercede and help you weigh your legal options.
Sexual abuse occurs when one person makes sexual contact with another without their consent. They may use coercion, manipulation, or deceit. Residents in memory care units may be unable to consent, which means the sexual contact is abusive. Sexual abuse in Toledo nursing homes can take several forms, including:
Women, who comprise about two-thirds of nursing home residents, and residents with dementia are most likely to be abused. Dementia-related resident-to-resident sexual aggression (RRSA) is the most common form of sexual abuse in assisted living facilities. This is because the vulnerable targets may not remember the encounter, and the instigator may not understand why the assault is unacceptable.
Look for signs that a loved one has been sexually abused, such as:
A loved one may be unable to communicate their distress. But if inappropriate sexual contact is suspected, our compassionate nursing home abuse lawyers can guide the family through various legal strategies.
As devastating as a sexual attack can be, nursing home residents have a right to engage in consensual sexual activity. The skilled nursing facility, the resident’s family, and legal guidelines can determine whether consent is freely given. Some cognitive disorders prevent residents from consenting to sexual acts. Our experienced team of attorneys diligently applies all legal principles to uncover sexual abuse or protect a resident’s interest in a consensual relationship.
When family, friends, or guardians notice signs of sexual abuse in a Toledo memory care center, the National Center on Elder Abuse (NCEA) offers a guide for what to do next. Our capable legal professionals can coordinate these actions to stop abuse immediately and begin the abused resident’s healing process.
The police, Adult Protective Services (APS), and a representative of the local Long-Term Care Ombudsman Program should all be notified. The Ohio Licensing and Certification Agency oversees long-term care facility inspections and complaints and should also be notified. To ensure a record of the abuse exists, our proactive lawyers can also report it to the nursing home administrators.
Although sexual abuse is the least reported type of abuse in assisted living facilities, it is probably the most underreported. This means nursing home residents—particularly women and those compromised by Alzheimer’s or other cognitive issues—are raped or sexually compromised by staff, visitors, and other residents at an unknown rate.
At Zoll & Kranz, LLC, our role is to help you safeguard your vulnerable family members if you suspect they are being sexually abused. Depending on the circumstances, your loved one could be compensated for the harm done. We explore every avenue from negotiations to settlement to litigation to right the wrong done to a resident who suffers sexual abuse in Toledo nursing homes. Contact us today.
Michelle is a founding partner of Zoll & Kranz, located in Toledo, Ohio. Michelle has been a plaintiff’s lawyer for the entirety of her practice – over 32 years. She devotes the majority of her time to complex consolidated litigation and class action including advocating for people injured by medical devices, prescription medications, or corporate negligence.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Zoll & Kranz, LLC and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Ohio injury lawyer, Michelle L. Kranz, you can do so here.
Zoll & Kranz, LLC does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
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