Sexual Abuse

According to the National Consumer Voice for Quality Long-Term Care, a national consumer advocacy group, state ombudsmen across our country investigated a total of 819 sexual abuse complaints waged by nursing home residents or their families in 2016. While that data point is from a few years ago, this data is concerning. This is especially the case given how many victims don’t report the ill-treatment they’ve been subjected to.  Sexual abuse in nursing homes is a far bigger problem than it initially seems on the surface.

Let’s explore what sexual abuse is and warning signs that someone close to you is having to deal with this, what types of residents are most often subjected to this type of treatment, and who perpetrates these acts.

What Qualifies as Sexual Abuse?

Put quite simply, any unwanted sex acts, which can include anything from harassment to inappropriate touching to intercourse, may fall under the umbrella of sexual abuse. It’s important to note that what qualifies as a criminal sexual offense doesn’t always align with what is still an inappropriate act that victims may be able to hold perpetrators accountable for through the civil legal system.

Understanding Consent and How It Impacts the Classification of Sex Acts

The consent of someone’s age and mental capacity is a key factor for determining whether a sexual encounter is consensual and, therefore, non-abusive. It’s important to note that consent is a fluid concept. An of-age person of able mind and body may initially agree to participate in one sexual act but not in others. They may begin engaging in one act after initially consenting but rescind their consent at any point. The person(s) with whom they are engaging in any sexual activity must stop what they’re doing immediately upon request, or otherwise their actions may constitute an assault or abuse.

What Types of Nursing Home Residents Are Most Commonly Sexually Abused?

Individuals who reside in nursing homes have varying abilities and needs. While many are mobile and have a sound cognitive function, there are others with the following concerns that make them particularly vulnerable to being taken advantage of sexually:

• Having hearing impairments or being non-verbal
• Mobility issues due to them having a physical disability
• Having few friends or family members
• Being in a comatose or other unconscious state
• Having memory disorders or other conditions that affect their decision-making abilities

Residents suffering from the latter impairments are most vulnerable to being sexually abused in their assisted living facilities.

Why Are Individuals Victimized More Than Others?

We mentioned the dangers vulnerable populations face above. Why is it that these residents are preyed upon by perpetrators? It comes down to some of the following reasons:

• Someone in a vegetative state is unlikely to cry out for help or resist someone taking physical control over them
• A victim who has limited social contacts is unlikely to have anyone to report unwanted sexual advances to

Who Perpetrates These Unwanted Acts?

Sexual abuse that occurs in nursing homes can be perpetrated by a wide range of individuals, including:

• Fellow residents
• Direct caregivers
• Nursing care facility support staff, such as cooks, maintenance workers, or security guards
• Visiting medical professionals
• Third-party vendors, like delivery truck drivers or utility workers
• Friends and family members of residents
• Individuals who walk in off the street

Virtually anyone who may gain access to the facility for any reason or who works there can, unfortunately, perpetrate undesired sexually explicit behavior against a resident.

How Unwanted Sexual Contact Affects Victims

Remember how we discussed consent above? When a person consents to sexual activity, they feel empowered because they’re able to make decisions for themselves that they feel comfortable with. However, when someone doesn’t make sure that the other person is on board with what’s going to happen of a sexual nature and moves ahead with whatever they want to, it erodes their trust not only for that one person but makes them uneasy in dealing with anyone else.

Signs Someone Has Sexually Abused Residents in Assisted Living Facilities

This erosion of trust described above can have a ripple effect on victims, especially if they’re already dealing with social isolation or other concerns since moving into their nursing home. Signs to be on the lookout for that sexual abuse has or continues to occur include a resident who:

• Appears to have restraint marks on their wrists or ankles or bruising, cuts, or tears in or around their private areas
• Has underwear or bed linens that appear to be torn, bloody, or otherwise disturbed or unclean
• Receives an unexpected sexually transmitted disease (STD) or urinary tract infection (UTI) diagnosis
• Displays increased social withdrawal symptoms in the form of depression or anxiety or desires decreased person-to-person contact like hugs

The list above includes only a few examples of the impact sexual abuse can have on victims that they must carry the burden of.

Moving to a different facility and getting treatment from a counselor can help restore a resident’s sense of safety again and help them come to terms with what happened.

However, the longer the abuse occurs or the more serious the acts, especially if the individual has faced other trauma in the past, the more challenging it is for them to regain a sense of normalcy in life, which is particularly disheartening. There is help for those who’ve been abused in a nursing home like this, though.

To learn more about your loved one’s rights and how you can best help them, please get in touch today.