What To Do If You Suspect Sexual Abuse in a Nursing Home

If you suspect sexual abuse in a nursing home, report the abuse to law enforcement immediately. Protect the person from further harm, whether that is by reporting the abuse to the nursing home or moving the person to a safe facility. If you are a caregiver, healthcare provider, or other named professional, S.C. Code § 43-35-25 requires you to report suspected sexual abuse of a nursing home resident to the appropriate authorities.

The Greenville nursing home abuse lawyers at Jordan Law Center explain what to do in response to sexual abuse in nursing homes.

Responding to Sexual Abuse in Nursing Homes

When elder sexual abuse occurs, there are several steps to take.

• Make sure the abuse doesn’t happen to that person again
• Protect others from the offender
• Change institutional practices to prevent similar offenses
• Report the abuse to law enforcement for possible criminal charges
• Ensure the victim receives the medical and mental health care they need
• Seek compensation for the injured victim

Steps To Take Immediately If You Suspect Elder Sexual Abuse

Follow up

If you suspect elder sexual abuse, do not ignore your suspicions.

Report to law enforcement

Sexual abuse is a serious crime. Report it to law enforcement immediately. The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division investigates facilities that are government-operated or contracted. You may report to them. Alternatively, you can start with your local police, who may investigate or refer you to the appropriate agency.

Report to social services

Also report to the Long Term Care Ombudsman program or Adult Protective Services. The Long Term Care Ombudsman program is usually the appropriate advocate when the harm occurs in a residential setting. While law enforcement investigates potential criminal charges, social services agencies can help the victim.

Work with the nursing home

Tell the nursing home administrator about the abuse. Report your concerns to an administrator who can intervene. Talk to them in a private place to protect the victim’s privacy and minimize the likelihood of retaliation. Be as specific as possible when explaining what has occurred.

Seek medical care

Arrange for the victim to have a medical examination, which can gather evidence of sexual assault. It can also help identify and address injuries the victim may have received. In addition, arrange for the person to receive counseling or other needed mental health support.

Continue listening to the victim

Maintain open communication with the nursing home sexual assault victim. They should know how to contact you. Do your best to make them feel comfortable coming to you with future concerns.

Recognizing the Warning Signs of Sexual Abuse in Nursing Homes

Signs of sexual abuse in a nursing home include the following.

Injuries and bruising—A victim may have unexplained bruises on their body and bleeding. They may have pain in urination or other infections of the excretory or reproductive systems.

STIs—Victims of sexual assault may contract sexually transmitted infections.

Overall discomfort—The victim may complain of feeling uncomfortable and of body aches and pains. They may be more irritable and less able to handle minor issues.

Behavior changes—Sudden withdrawal, anxiety, hypervigilance, and not wanting to engage openly with others may be warning signs.

Things the person says—A person may make comments that are unusual or surprising. They may ask to avoid a caregiver or use sexual language that was not used previously.

Emotional changes—Because sexual abuse is emotionally devastating, the person may have different emotional responses as they struggle to cope with what has occurred.

Facility changes—The victim may try to lock their door or place an object behind a door.

Gathering Evidence

Bringing an offender to justice and holding the nursing home liable require evidence. As you respond to sexual abuse in a nursing home, document everything. Make notes of what the victim says. Keep records of medical care, including the date received, care provider, and care given. Document your conversations with nursing home administrators and what steps they take in response.

This information can help law enforcement build a criminal case. It can also help the nursing home respond to what has occurred. It may also help in a claim for monetary compensation.

Why Sexual Abuse in Nursing Homes Often Goes Unreported

Sexual abuse in nursing homes often goes unreported for a variety of reasons.

• The victim can’t explain what happened.
• Employees may not be appropriately trained to recognize sexual assault.
• There may be a lack of physical evidence.
• A victim may not want to undergo invasive medical exams.
• There may be a fear of retaliation.
• There may be a seeming indifference on the part of the care facility.
• It may be difficult to change care arrangements for someone in a nursing home.
• Employees may not want to lose their working arrangements.

Legal Options for Families Affected by Elder Sexual Abuse

Nursing home residents have the right to be treated with respect and dignity. They have the right to be free from abuse, including sexual abuse, in a nursing home. If your loved one has been affected, they have important legal rights.

The right to be free of abuse may mean arranging for safe alternative care and ensuring that changes are made to prevent harm. Offenders may be brought to justice through criminal proceedings.

Your legal options may include filing a claim for monetary compensation. A nursing home may be liable for failing to protect a resident from abuse and neglect. The victim may receive compensation for medical expenses, mental health care, and the pain and suffering of being an assault victim.

How a Greenville Nursing Home Abuse Lawyer Can Help

A Greenville nursing home abuse lawyer can assist you if you suspect sexual abuse in a nursing home. They can investigate, gather evidence, and pursue compensation.

Contact a Lawyer

If you or a loved one has experienced sexual abuse in a nursing home, it can be hard to know what to do. We invite you to contact Jordan Law Center to see if you may receive compensation and get legal help today. Your consultation is free and confidential.

Call or message us now.