When you entrust the care of an elderly relative to a nursing home in Illinois, you should never have to receive the news that they have been sexually assaulted by a fellow resident. Nursing homes and their staff have a legal obligation to prevent such foreseeable crimes. Unfortunately, not all long-term care facilities fulfill their duties of care toward vulnerable residents.
What Is Resident-on-Resident Sexual Assault?
Resident-on-resident sexual assault in a nursing home refers to one resident touching another inappropriately without that person’s consent or knowledge. It is the sexual abuse of one resident by another resident, rather than by a nursing home staff member or caregiver.
This type of sexual assault can take place when residents are poorly supervised or permitted to elope (walk around or leave). Ignoring complaints, allowing residents to enter each other’s rooms or be alone together, and failing to properly train staff members to recognize the signs of sexual abuse can also increase the odds of this crime in a nursing home.
What Are the Signs of Resident-on-Resident Sexual Assault?
Sexual assault within the walls of a nursing home can cause immense harm. A victim can suffer significant mental and emotional trauma in addition to physical injuries or sexually transmitted diseases.
The signs and red flags of resident-on-resident sexual assault vary, but may include:
- Physical: unusual or unexplained injuries, bruises in hidden places, trouble walking or sitting, bloody sheets or undergarments, unkempt appearance, poor hygiene, sudden weight gain or loss, or malnutrition or dehydration.
- Emotional/behavioral: withdrawal or isolation from others, lack of participation in favorite activities, new or worsened depression, chronic anxiety, fear of a certain resident, mood swings, outbursts, and signs of post-traumatic stress disorder (PTSD).
- Environmental: signs of negligence or an unsafe premises, such as understaffing, unsanitary conditions, lack of supervision, obvious injury hazards and a lack of sexual assault reporting protocols.
A senior citizen who is experiencing sexual assault or abuse by a fellow resident may suffer an overall decline in physical and/or mental health. If there are any potential signs of sexual abuse in your elderly loved one, get them to a safe place and report it to the authorities immediately.
What Compensation Is Available for Nursing Home Resident-on-Resident Sexual Assault?
A nursing home or long-term care center in Illinois could face a lawsuit for resident-on-resident sexual assault. The institution is responsible for maintaining certain standards of care and protecting residents from criminal activity on the premises. Any violation of this duty of care can make the nursing home liable for cases of sexual misconduct.
Holding an individual or institution financially responsible for nursing home sexual abuse could lead to justice in the form of financial compensation for the victim’s related losses. Examples include related medical care, psychological counseling, relocation, loss of enjoyment of life, pain and suffering, and emotional distress. Punitive damages may also be awarded to punish a defendant.
When to Contact a Sexual Assault Attorney in Illinois
If your loved one has suffered from one or more incidents of sexual assault by a fellow resident in a nursing home in Illinois, you can hold the correct parties accountable with help from an experienced Illinois elder sexual abuse lawyer. An attorney can explain your family’s legal rights and list available recovery options. Then, your lawyer can aggressively go up against the nursing home, the perpetrator and potentially other parties in pursuit of justice on your behalf.
You don’t have to do this alone. Contact The Mahoney Law Firm for a free and confidential case review.