What Happens When a Nursing Home Resident Is Raped?

Nursing home abuse is an unimaginable violation that can devastate the victim and their family.

Sadly, it is also one of the forms of abuse that is the least reported. According to studies, around 10% of people 65 and older experience some form of abuse, and 0.6% of those who abuse are victims of unwanted sexual attention.

That might seem like a relatively small number, but even one incident is too many.

Although it is extremely difficult to think about this type of abuse, it is vital for anyone who has a loved one in a nursing care facility to understand the risks and the warning signs that someone has been sexually abused.

What Is the Definition of Sexual Abuse?

Sexual abuse is defined as any type of non-consensual sexual contact. An act of sexual abuse can happen when a nursing home resident is deceived, manipulated, or forced into one of the following types of sexual contact:

• Unwanted intimate touching of any kind to any part of the body.
• Rape, oral or anal sex
• Forced nudity
• Forcing a resident to observe an act of masturbation and/or pornography
• Taking sexually explicit photographs or audio/video recordings of a resident

It is important to note that there can be consensual acts between nursing home residents, but the moment that consent is removed, it becomes an act of abuse.

What Are the Signs of Sexual Abuse?

It would be extremely rare for a nursing home resident who has been abused not to show any of the physical or psychological signs of that abuse. Even with residents who are challenged by dementia issues, they could exhibit some of the physical signs.

Here are some of the physical signs that you have to look out for:

• Bruises around the inner thighs, the genital area, or the breasts
• Unexplained genital infections or sexually transmitted diseases
• Unexplained bleeding, pain, or irritation around the genitals
• New challenges with sitting or walking comfortably
• Clothing that is found to be torn, stained, or bloodied

You might also notice some of the psychological signs of sexual abuse, such as your loved one becoming extremely agitated or suddenly withdrawing from social interactions. They might also experience panic attacks or exhibit unexplained changes in behavior, such as avoiding a staff member or a fellow resident.

Yes, unfortunately, some of these acts of sexual abuse can be perpetrated by another resident.

Even though you are getting around-the-clock support for your loved one by transitioning them to a nursing home, you will remain their primary caregiver. If you recognize any of these signs, it is vital to take action.

What Actions to Take if Your Loved One Is Being Abused

If you see any of the warning signs of sexual abuse and can confirm that by talking with your loved one, you need to report the abuse immediately to the nursing home administrator. In addition, you should call 911 to report the allegation because this would be considered a crime.

You also have to ensure that your loved one is safe. If a staff member is accused, they should not be part of your loved one’s care team until a thorough investigation has been completed. If the incident is recent, you should collect any bedding or clothing that could contain forensic evidence of the assault and turn that over to the police investigators.

You’ll also want to seek a complete medical examination of your loved one by an independent physician. It is also important to document any physical evidence with cell phone videos.

Even though the nursing home should take swift action, you don’t have to limit your reporting to them. You can contact your local long-term care ombudsman or adult protective services.

When to Take Legal Action

A nursing home is obligated to provide a safe space for its residents. It also has to ensure that the staff they hire can pass a criminal background check and have not been accused or charged with any instances of sexual abuse.

When a nursing home fails in its obligations, you’re entitled to seek a legal remedy.

Your legal options can involve filing a civil complaint against the facility and the staff. If the facility is a state-sponsored home, you could also file a complaint against the relevant agencies.

Speaking with an experienced nursing home abuse attorney can provide you with information about the best course of action for your situation. The first priority remains ensuring that your loved one’s needs are being met. It is also important that you find a measure of justice and accountability.

If you believe that your loved one has been assaulted, you may need to take legal action.

At My Nursing Home Abuse Guide, we have the resources to help get you started.