ATTORNEY NEWSLETTER
Caregiver Was Allegedly Intoxicated
Victim Confined To Wheelchair
Caregiver Allegedly Passed Out After Lewd Acts
Statistics show that about.83 percent of victims of elder sexual abuse reside in nursing homes or assisted care facilities. But elderly persons under the care of in-home caregivers are also at risk of such heinous crimes. Whether the sexual abuse occurs in a facility or in an elderly person’s home, the number of actual cases of sexual elder abuse understates the problem because research shows that only about 30% of elderly victims of sexual abuse actually report the abuse to authorities. This underreporting occurs in part because elders and dependent adults may live in fear of reprisals by their caregiver or those patients with dementia or other mental or physical disabilities may not be able to even comprehend what is happening to them let alone tell anybody. In all events, sexual assault is a crime and, when perpetrated on a senior, an additional crime of elder abuse and grounds for civil liability for damages. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.63(e) (definition of sexual assault as a form of elder physical abuse). Evans Law Firm. Inc. represents victims of sexual assault or other abuse in nursing homes, and their families, and pursues all persons responsible, including owners, administrators and managers who are responsible for hiring and supervising caregivers. Remedies in elder abuse cases include awards of attorneys’ fees and costs for bringing the lawsuit. Cal. Welf. & Inst. Code § 15657. Call us today at (415)441-8669 if any senior loved one has suffered any kind of elder abuse in Santa Clara County, San Francisco or elsewhere in California. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Charged With Assault And Neglect
In a recently reported case,[1] an in-home caregiver is facing multiple charges of neglect and abuse of a dependent adult as well as sexual battery. The caregiver in the reported case was arrested by police after victims in her care reported her for inappropriate behavior. Warrants indicate one of the victims is confined to a wheelchair, and the caregiver allegedly made unwanted sexual advances toward the victim and was incapacitated while on duty from intoxication from alcohol.
According to police reports on the occasion of the sexual assault, on the night in question the caregiver’s drunken condition worsened, leading to more lewd and lascivious behavior: provocative dancing, comments, unwanted kissing and lewd acts toward her wheelchair bound victim. Later that same night, according to arrest warrants, the caregiver allegedly passed out in a victim’s bed when she became too incapacitated and was unable to perform her feeding and other duties toward the dependent adults in her care.
Protecting Your Older Loved Ones From Sexual Abuse
Fortunately, the victim in the reported case was able to report the incident to the police on his own. Not all dependent and elderly adults are able to do so. Instead, families and friends of these persons need to visit and speak with them as often as possible to make sure they are not at risk of abuse or neglect by their caregivers. You know your loved one best, and you will be able to pick up on any emotional or behavioral changes that may be signs of any kind of abuse, including sexual abuse. If you suspect something is wrong do something about it right away. Alert the home’s administrator and the authorities, but also call qualified elder counsel. Counsel can pursue all persons responsible for any sort of abuse, and those who hired and supervise the abusers, including administrators and owners.
Contact Us
Ingrid M. Evans represents victims of elder abuse, and their families and heirs, in Santa Clara County, San Francisco or elsewhere in California. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
