When a nursing home facility fails in its duty to safeguard residents, the consequences can be devastating. If you or someone you care for suffered sexual abuse while residing in a nursing home or long-term care facility, a dedicated Westchester nursing home sexual abuse lawyer can provide the legal counsel you need and pursue justice through the civil court system.
At Arias Sanguinetti, our mission is to stand with survivors and their families, relentlessly advocating on your behalf. With more than four decades of experience representing individuals who have suffered abuse and over $2 billion recovered, we have a proven track record of success. Schedule a free consultation with one of our Westchester sexual abuse lawyers today.
What Qualifies as Sexual Abuse in a Nursing Home?
Sexual abuse in a nursing home context can include any unwanted, non-consensual sexual contact, behavior, exposure, or exploitation of a resident. Because many long-term care residents have physical or cognitive limitations, they are particularly vulnerable to sexual misconduct.
Residents living in nursing homes may have diminished capacity to resist, understand what has happened, or report incidents. Those at highest risk often include individuals who have Alzheimer’s disease, dementia, restricted mobility, or limited or non-verbal communication ability.
These impairments can prevent a full understanding of the abuse or the ability to recount it. Forms of sexual abuse in elder care facilities can include, but are not limited to:
- Sexual harassment by staff members, visitors, and other residents
- Forced or coerced sexual acts
- Groping or inappropriate touching
- Rape or attempted rape
- Being pressured to perform or witness sexual acts
- Being exposed to pornography or explicitly sexual materials without consent
The nursing home facility and its operators owe a legal and moral duty to protect residents from such abuses. When that duty is breached, a Westchester personal injury lawyer can help you hold the perpetrators and the facility itself accountable through a civil lawsuit.
Survivors and their families have the right to seek redress from both the individual wrongdoer and the institution that failed to protect them.
Warning Signs of Sexual Abuse in a Nursing Home Setting
Spotting sexual abuse in a nursing home can be difficult. Residents may be unable to communicate or may not remember what has happened. Still, there are physical and behavioral changes that often serve as red flags.
Recognizing these signals early is crucial to protecting your loved one.
Physical Indicators of Sexual Abuse
Visible signs can be a clear indicator of possible sexual abuse. Unfortunately, many of these signs are not visible to a casual visitor. Some of the physical indicators that may denote abuse include:
- Difficulty sitting, standing, or walking that cannot be explained by a known condition
- Torn, stained, damp, or missing undergarments
- Unexplained bruising, redness, swelling, or bleeding in the genital or anal regions
- A diagnosis of a sexually transmitted infection without an obvious explanation
- Any unexplained injury, especially in more private or sensitive areas, should prompt concern and investigation
Behavioral Changes That Point to Abuse
Changes in behavior are often the first indication that something is wrong and may signal underlying trauma or abuse. Differences in the behavior of your loved one that may be cause for concern include:
- Sudden outbursts of anger, fear, agitation, or crying for no obvious reason
- New or worsening insomnia or other sleep disturbances
- Withdrawal from friends, family, social activities, or previously enjoyed interests
- Refusal to eat, or changes in eating behaviors such as loss of appetite
- Increased anxiety, particularly around specific staff members or visitors
- Attempts to flee or avoid the facility, or talk of “running away”
These changes don’t automatically mean abuse has occurred, but they warrant careful attention. If something feels wrong, trust your instincts. Don’t be afraid to ask questions, take action, and seek outside help.
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How a Nursing Home Sexual Abuse Attorney in Westchester Can Help Identify Responsible Parties
In California, accountability doesn’t stop at the individual who committed the abuse. Institutional failures often permit the environment in which abuse occurs.
A nursing home abuse lawyer can conduct a comprehensive investigation to identify all parties who may bear legal responsibility. Potentially liable parties may include:
- The individual perpetrator
- The nursing home or long-term care facility, for negligent hiring, inadequate supervision, failure to monitor residents, or failure to protect
- Third-party vendors or contractors providing services in the facility
- Parent companies, corporate management, or oversight organizations responsible for the facility’s operation
A skilled attorney can examine staffing records, incident reports, facility policies, training documentation, and other evidence to determine who should be held accountable.
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Types of Compensation Available to Survivors and Families
Survivors of sexual abuse in a nursing home deserve justice and meaningful compensation for the harms they have suffered. A civil claim can enable recovery for:
- Medical expenses: Costs for treatment of physical injuries and ongoing medical care related to the abuse
- Psychological counseling and therapy: Trauma recovery, mental health, and emotional support services
- Pain and suffering: Emotional distress, mental anguish, loss of enjoyment of life, fear, humiliation, and diminished sense of well-being
- Loss of dignity and reduced quality of life: Particularly in cases involving repeated abuse or long-term harm
- Punitive damages: In cases involving willful misconduct, egregious neglect, or systemic failures to protect residents
Seeking compensation serves to support the survivor financially and emotionally, and also to hold institutions accountable and help deter future abuse in other facilities.
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Do Not Miss Important Deadlines to File Your Nursing Home Sexual Abuse Claim
In California, survivors of nursing home sexual abuse must file a lawsuit within 10 years from the date the abuse occurred. However, specific exceptions may alter this period. For example, if the resident was cognitively impaired and unable to understand or report the abuse, the deadline may be extended.
Alternatively, if the claim involves a publicly-operated nursing home, the deadline may be as short as six months for a claim against the government in California.
Additionally, under Assembly Bill 2777, adult survivors whose claims were previously barred by the statute of limitations may file a lawsuit during a temporary lookback window that remains open until December 31, 2026.
Because of these variables, it is imperative to consult a qualified attorney promptly. Seeking legal help early also helps preserve essential evidence, including medical records, facility logs, and witness statements, that can degrade or become lost over time.
Why Sexual Abuse in Nursing Homes Often Goes Undetected
Tragically, sexual abuse of residents in nursing homes is under-reported and frequently overlooked, allowing harm to continue unchecked and placing other residents at risk.
Several factors contribute to this hidden problem:
- Cognitive decline: Many residents cannot fully process or recall the abuse due to memory loss or dementia.
- Social isolation: Limited family visits or interaction mean fewer opportunities for others to notice warning signs.
- Shame or embarrassment: Older adults may feel humiliated or fear judgment if they try to speak out, especially when it involves sexual matters.
- Fear of retaliation: Residents may dread further mistreatment, neglect, or retaliation if they complain.
- Institutional negligence: Staff may misattribute signs of abuse to “confusion,” age-related decline, or dementia, rather than investigating properly or reporting incidents.
Families and loved ones must remain vigilant, listen carefully to residents, observe changes, and act if something seems wrong.
Get Help From an Experienced Nursing Home Sexual Abuse Lawyer Serving Westchester Today
At Arias Sanguinetti, we are committed to seeking justice for individuals who have endured abuse in nursing homes around Westchester and throughout California.
We understand the profound and often life-altering trauma that elder sexual abuse causes for survivors and their families alike, and we prioritize your rights and dignity.
If you have reason to believe you or a loved one has suffered sexual abuse in a Westchester nursing home, please don’t wait. Reach out for a free case evaluation today.
We’ll help you understand your rights, review your legal options, and work to hold every responsible party accountable. Contact us through our website or by phone to get started.
Call or text 310-844-9696 or complete a Free Case Evaluation form
