Nursing Home Sexual Abuse

The Central Florida Nursing Home Abuse Lawyers at Dean Burnetti Law provide professional Nursing Home Abuse, Nursing Home Negligence, and Nursing Home Injury Attorney Legal Services in Polk County, including: Lakeland, Auburndale, Bartow, Haines City, Lake Wales, Mulberry, Polk City, and Winter Haven; in Hillsborough County, including: Brandon, Tampa, Riverview, Valrico, and Plant City; in Pinellas County, including: Clearwater, St. Pete, Gulfport, Treasure Island, Largo, Oldsmar, Treasure Island; as well as in all of the surrounding Greater Central Florida Areas.

Sexual abuse of the elderly actually occurs more often than many people realize. Sexual predators often seek out prime targets in nursing homes.  These include the elderly who are unable to express lack of consent or have lost certain cognitive skills.  Moreover, sexual predators in nursing homes can include nursing home employees, visitors, and even other residents.

What is sexual abuse of the elderly?

The U.S. Department of Justice defines sexual assault as: any type of sexual contact or behavior that occurs without consent. Sexual assault includes forced sexual intercourse, forcible sodomy, molestation, incest, fondling, and attempted rape.

Unwelcome contact with an intimate body part is sexual battery.  In other words, a perpetrator can commit sexual battery even on a fully-clothed victim. Oftentimes, sexual battery perpetrators use intimidation, threats, and/or force to make their victims comply.

Rape is the penetration, no matter how slight, of the vagina or anus with any body part or any object, or oral penetration by a sex organ of another person, without the consent of the victim.

The primary difference between sexual battery and rape is that with sexual battery, there does not need to be penetration between of the sexual organs.  In a sexual battery, the thing that matters is the non-consensual touching of another person’s sexual organs.  Sexual assault, like the broader crime of assault, constitutes the threat of force.  Battery, in contrast, constitutes actual contact between the perpetrator and the victim, while assault is the threat of force or violence made in order to establish the intended contact.

Victims' Rights:

Florida Statute §794.011 addresses sex crimes.  Consequently, victims of sexual harassment, sexual assault, sexual battery, rape, and sexual abuse have the right to ask the State to pursue criminal charges against the perpetrator.  However, sometimes a lack of evidence leads to the perpetrator being released without punishment.  But whether the perpetrator is convicted or not, the victim also has the right to sue the perpetrator in civil court!  Furthermore, the victim has the right to sue any or all other parties whose negligence or failure to provide adequate security led to the sex crime against them.

Oftentimes, fear or embarrassment prevent elderly sexual abuse victims from reporting the crime.  If your loved one was molested, raped, or sexually assaulted, first and foremost, call 9-1-1.  Sexual assault is a crime.  Report the crime to law enforcement as soon as possible.  After that, call an attorney experienced in nursing home sexual abuse civil law.

While most people would have no problem pointing the finger of blame at the rapist, there are oftentimes others to blame as well.  Oftentimes, the crime would not have happened if proper security measures were in place to prevent the perpetrator from having access to the victim.  Worse yet, sometimes, the attacks are actually committed by people who are in a position over the victim who the victim should be able to trust.  That's when a civil claim can help bring justice to the victim beyond the criminal matter.

Sexual abuse of the elderly can cause physical and physiological symptoms.  Indicators of sexual abuse to the elderly may include:

• Genital bruising
• Bruising on thighs
• Torn clothing
• Genital or anal bleeding
• Pelvic bruising
• Blood-stained undergarments
• Pelvic fracture
• Difficulty walking
• Noticeable pain when sitting
• Pain or difficulty using the restroom
• Diagnosis of a sexually transmitted disease
• Sudden onset of depression or anxiety
• Loss of appetite
• Weight loss
• Obvious fear or traumatic reaction to others

Besides sexual abuse in nursing facilities, other types of abuse common to nursing homes can be neglect, financial abuse or exploitation, and physical abuse.

If you were injured or if a loved one was killed by Dental Malpractice, you have the right to a qualified attorney who is skilled in Florida's complex malpractice law and is knowledgeable about your type of injuries. Call (863) 287-6388 in Polk County or (813) 287-6388 in Hillsborough County or Pinellas County today to schedule a free confidential consultation with an experienced Dental Malpractice lawyer at Dean Burnetti Law.