WERE YOU SEXUALLY ABUSED IN A RESIDENTIAL CARE OR GROUP HOME?
You May Be Entitled To Substantial Compensation
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RESIDENTIAL CARE & GROUP HOME SEXUAL ABUSE
Although the details of this story are shocking, it is not an isolated incident. The residents at long term care facilities and group homes are usually among the most vulnerable segments of our population: the sick, young, elderly, and disabled. Read more about nursing home abuse lawsuits.
Nursing home abuse patients often lack the physical capacity to defend themselves and the mental capacity to report the conduct to authorities. These cases are particularly egregious as the victims of sexual assault can have significant intellectual disabilities because of age, medical conditions or accidents that leave them with little to no awareness of what is happening to them or that the conduct perpetrated against them is criminal and wrong.
Were you sexually abused?
Who is Liable for the Abuse?
Sexual assaults can be perpetrated by health aids working in large facilities or health workers in private homes. The facility itself, its employees, or the home health care agency that is responsible for providing employees to private homes can all be held liable for sexual assault. The facilities and agencies that employ health workers are responsible for protecting their patients from harm and ensuring their safety. When a patient is sexually assaulted, the victim may bring a claim under several legal theories. The facility or company that employs health workers can be held liable for negligent hiring if it fails to conduct adequate background checks or it hires employees with criminal records. Liability can also be imposed for negligent supervision of workers, which occurs when workers are not properly managed or the facility does not implement and follow procedures for removal of a preparator once abusive activity is suspected. Finally, the facility is required to report all cases of possible abuse to law enforcement authorities.
Many elderly individuals suffering from moderate to severe dementia may lack the cognitive capacity to provide consent for sexual contact. While their physical appearance may resemble that of an adult, the cognitive decline associated with Alzheimer’s disease and dementia can render their mental faculties akin to those of a child. Tragically, this vulnerability makes many nursing home residents easy targets for sexual predators, whether they be another resident, a visitor, or even a staff member.
Sexual abuse within elder care facilities often accompanies other forms of mistreatment, including emotional and physical abuse. It is imperative to seek assistance from a knowledgeable attorney in such cases. Taking swift action by involving the authorities can avoid abuse of the elderly in care homes. Acting promptly can mean the difference between ensuring a happy, healthy existence for your loved one and subjecting them to serious trauma or worse.
Understanding Elderly Sexual Abuse
Definition of Elder Sexual Abuse
The spectrum of sexual abuse against elders encompasses various offenses. The following actions can constitute sexual abuse if perpetrated against an elder without their consent:
- Touching or groping of the genitals, breasts, buttocks, or anus
- Sexual intercourse, including anal and oral penetration (sodomy)
- Inserting objects or fingers into an elder’s vagina or rectum
- Conducting “medical procedures” on an elder that are medically unnecessary, such as applying creams, enemas, or soaps to their genitalia, breasts, or buttocks
- Cleansing either internal or external genital areas with harsh chemicals, such as alcohol wipes
Understanding “Hands Off” Sexual Abuse
Additionally, there are forms of sexual abuse known as “hands off,” which do not involve physical contact but still constitute sexual abuse. These include:
- Forcing an individual to observe others engaged in sexual activities, including pornography
- Compelling a victim to undress without justification outside of medical or hygiene-related contexts solely for sexual gratification
- Coercing an elder to disrobe in front of others outside of a medical setting
- Producing sexually explicit material of the victim without their consent, such as videos or photographs
It is important to know that new laws revising the statute of limitations in New York, New Jersey, and other states now allow survivors of sexual assault to bring claims against their abusers for a specified amount of time regardless of when the assault occurred. For patients in long-term care facilities, whose abuse may not be discovered for years or even decades, the new legislation provides an avenue for redressing claims that would have otherwise been barred under previous laws.
We specialize in sexual abuse lawsuits against powerful institutions. These include government entities (such as prisons, schools, and juvenile detention / juvenile treatment centers), technology companies, and clergy.
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Who Can You Sue in a Sex Abuse Civil Case?
In a sex abuse civil case, the parties you might sue can vary depending on the circumstances of the abuse and the relationships involved.
Some potential parties that could be sued in a sex abuse civil case include:
- Individual Perpetrator: The alleged perpetrator of the sexual abuse can be named as a defendant in the lawsuit. This is often the person who directly committed the abusive acts.
- Institutions and Organizations: If the abuse occurred within an institution or organization, such as a school, church, sports club, or workplace, and they failed to take appropriate action to prevent or address the abuse, they might also be held liable.
- Employers: If the perpetrator was an employee of an organization or institution, the employer might be held vicariously liable for the actions of their employee if the abuse occurred within the scope of their employment.
- Property Owners: If the abuse occurred on a property owned by someone else, and the property owner failed to provide adequate security or take reasonable steps to prevent the abuse, they might be considered liable.
- Government Entities: In some cases, government entities might be involved, especially if the abuse occurred within a state institution or facility. Suing a government entity might involve specific procedures and limitations.
Sex abuse cases can be legally complex, so it's highly advisable to consult with experienced legal professionals who specialize in this area to understand your options and pursue the appropriate legal action. Levy Konigsberg, along with our team of sexual abuse lawyers, is available to provide assistance for your sexual abuse case.
Do I Have a Case?
You may have grounds to file a civil legal action if you were sexually abused at a residential facility or group home.
As civil claims, these cases are separate from any criminal proceedings that may arise from abuse and focus instead on holding institutions liable for damages. This means you may still have a claim even if:
- Your abuser is no longer alive.
- Your abuser was never charged with or convicted of a crime.
Recoverable Damages in Sexual Abuse Claims
In addition to providing accountability and a sense of justice, civil sex abuse lawsuits allow survivors to recover financial compensation for their damages, which may include:
- Past medical and mental health expenses
- Future mental health expenses, including therapy, medications, etc.
- Pain and suffering
- Emotional anguish and psychological harm
- Lost income
- Other economic and non-economic damages
Levy Konigsberg is committed to protecting the vulnerable and seeking justice for survivors of sexual abuse in care homes. Our experienced team is dedicated to providing legal representation and support to survivors, and we are actively investigating allegations of abuse. We are working tirelessly to ensure that survivors have access to justice and that future generations of elderly individuals are safe from harm.
We Represent Survivors in All Types of Sex Abuse Claims
Trust Levy Konigsberg's Legal Team for Proven Results in Sexual Abuse and Negligence Cases
Levy Konigsberg LLP, a nationally recognized law firm, has built a legacy over three decades, recovering over $3 billion in sexual abuse compensation for clients. Led by award-winning sexual abuse lawyers, we specialize in representing survivors in sexual abuse across the country, taking on powerful institutions. Our top-rated trial practice handles all types of sexual abuse or negligence cases, showcasing numerous testimonials and successful case results.