Sexual abuse within the walls of a nursing home targets one of the most vulnerable populations: the elderly. It is a grave injustice that can physically and emotionally harm victims who should be carrying out the remainder of their lives with peace and dignity.
If you or a loved one is experiencing nursing home sexual abuse in Illinois, an attorney from the Mahoney Law Firm can help you understand your rights and seek justice. We are ready to help you hold perpetrators and nursing homes accountable.
What Is Nursing Home Sexual Abuse?
Nursing homes and other senior living facilities should be places where the elderly feel safe and supported. They should never be the setting of egregious criminal acts such as elder sexual abuse. Unfortunately, thousands of nursing home residents nationwide suffer from sex crimes – both reported and unreported – each year.
Nursing home sexual abuse describes nonconsensual sexual activity between a senior citizen and someone at a nursing home, such as a staff member or volunteer. It can refer to the touching of a victim’s private parts, fondling, kissing, intercourse, penetration or other sexual encounters when the older adult is unwilling to consent or unable to understand what is happening.Â
Elder sexual abuse can also describe taking sexually explicit photos or videos of nursing home residents without their knowledge or permission. Threats, coercion and physical force are also elements of elder sexual abuse.
Signs of Sexual Abuse in Illinois Nursing Homes
Elder sexual abuse can show physical, emotional and behavioral signs in victims. It can also be accompanied by other forms of nursing home abuse, such as physical abuse and financial exploitation. If you know what to look for, you can help protect the elderly and detect issues sooner.
An older adult may be suffering from sexual abuse while in the care of a nursing home if there are signs such as:
- Unexplained bruising or injuries
- Genital infections or sexually transmitted diseases
- Bloody or ripped undergarments or sheets
- Poor physical hygiene
- Malnutrition, dehydration or signs of neglect
- Isolation or withdrawal from others
- Mood swings or personality changes
- Sudden depression or chronic anxiety
- Panic attacks or symptoms of post-traumatic stress disorder
- Fear of a certain staff member or person
- Abrupt and unusual decline in health
- Suicidal thoughts or actions
Common culprits in nursing home sexual abuse cases are caregivers, nurses, volunteers, administrators and staff members. Seniors with physical and/or cognitive deficits, including dementia and Alzheimer’s, are at an increased risk of sexual abuse.
How to Report Nursing Home Sexual Abuse in Illinois
Never leave an investigation of suspected nursing home sexual abuse with authorities at the facility alone. Managers at the nursing home may ignore or cover up your complaints to protect themselves from legal action and liability. Always involve other authorities, such as:
- Local or state law enforcement (911), especially in emergencies
- The Illinois Department of Public Health
- The Long-Term Care Ombudsman Program in the nursing home’s county
- Illinois Adult Protective Services (APS)
- The Illinois Department on Aging’s 24/7 Senior HelpLine
- The Office of the Illinois Attorney General
Reporting suspicions of nursing home sexual abuse – even if you don’t have proof – is a critical step in protecting not only your loved one, but all other seniors who are within the care of the facility. You may have the power to stop ongoing and future acts of abuse by shedding light on these crimes in your community.
What Rights Do Nursing Home Residents Have in Illinois?
Every nursing home resident in Illinois is protected from caregiver abuse and neglect by state and federal law. The Illinois Nursing Home Care Act (210 ILCS 45) lists residents’ rights, benefits and privileges as guaranteed by law. They include but are not limited to:
- The right to be treated with courtesy and respect by employees and medical care providers.
- The right to have their human and civil rights maintained in all aspects of medical care.
- The right to have their basic human needs met in a timely manner, including water, food, medication, toileting and personal hygiene.
- The right to maintain their autonomy as much as possible.
- The right to manage their own financial affairs.
- The right to be free from retaliation for reporting abuse or neglect.
It is against the law for a nursing home facility and any of its employees, administrators or agents to abuse or neglect residents. Any employee or agent who becomes aware of abuse is legally required to report it.
Financial Compensation for Survivors of Nursing Home Sexual Abuse
Sexual abuse is a heinous violation of a nursing home resident’s rights. A survivor of abuse within an Illinois nursing home or long-term care facility has the right to hold the facility as well as the individual perpetrator responsible through a personal injury lawsuit.
A sexual abuse claim against the nursing home could bring those accountable to justice and result in financial compensation for the victim’s losses, including:
- Bodily injuries or harm suffered
- Related medical care and treatments
- Out-of-pocket expenses
- Physical pain and suffering
- Emotional distress, mental anguish and psychological harm
- Loss of enjoyment or quality of life
- Adverse physical or mental health outcomes
- Worsened prognosis or increased mortality rate
- Wrongful death
It may be possible to hold a nursing home, care facility, hospice, medical center, administrator, contractor or individual liable for a case of nursing home sexual abuse in Illinois. An experienced sexual abuse attorney will be able to investigate your case to identify the appropriate parties to name as defendant(s) in a civil case.
An Attorney Can Help You Fight for Justice for Nursing Home Sexual Abuse in Illinois
The effects and consequences of nursing home sexual abuse cannot be understated. Older adults can suffer significant and even fatal physical and psychological effects. If elder abuse is happening to you or a loved one at a nursing home in Illinois, seek justice with help from The Mahoney Law Firm.
Caregivers and others who victimize vulnerable seniors can face criminal and civil penalties. The facilities and institutions that employ (and often protect) perpetrators can also face liability for cases of elder sexual abuse within their walls.Â
Our sexual abuse attorneys are passionate about helping survivors take legal action. Our legal team has years of experience handling these cases in Illinois. We can inform you about your legal rights and find the right way forward after an incident of nursing home sexual abuse. Speak to our legal advocates today during a free and confidential consultation. We will believe you.
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