Violations Involving Sexual Abuse

The state inspection reports also documented numerous instances where residents of nursing homes were subjected to sexual abuse by nursing home personnel or other residents.

For example, in one California nursing home, a male nurse aide molested two elderly female residents by putting his finger in their vaginas while bathing them. Inspectors found that the facility had failed to perform a complete background check of the staff member,"

In another California nursing home, a nurse aide entered the room of a female resident suffering from senile dementia and found a male staff member on top of the resident with his pants down and the resident's legs spread. The aide was later arrested."

In a third California nursing home, a 90-year old female resident was approached by a male employee who "exposed his penis and asked the resident to put it in her mouth.""

In another incident, a female resident in one home in New Jersey said that a male aide had made vulgar, sexual remarks to her while assisting her in the shower. She also stated that "he would come into her room while she was in bed, kiss her cheek and feel her breasts. On one occasion, he exposed his genitals to her." Although the resident reported the incident to the staff, state inspectors found that the facility neither investigated the allegations nor reported the allegations to the proper authorities."

In other cases, nursing homes failed to protect residents from sexual abuse by other residents. For example:

In one Texas nursing home, a male resident was discovered by facility staff laying on top of a female resident with his pants and underwear off, attempting to pry her legs apart. The male resident had an extensive history of inappropriate sexual contact, fondling, and propositioning of female staff and residents. Facility staff were aware of this resident's sexually aggressive behavior, but failed to take protective measures to prevent abuse.

In another Texas nursing home, an abusive male resident repeatedly sexually harassed and abused female residents, touching their breasts and genital areas and trying to "get under their clothes.

In a California nursing home, the facility failed to properly monitor and control a male resident who exhibited sexual aggressiveness towards female residents. The resident was observed kissing and touching the breasts of one female resident, and was found lying on top of another resident whose gown had been removed.

In an Ohio nursing home, a resident with dementia abused 13 other residents over a ten month period, including sexually assaulting a female resident, punching and slapping numerous residents in the face, and striking another resident in the head with a coffee mug.

In other cases, nursing homes simply failed to investigate instances of apparent sexual abuse. For example, in one Oregon nursing home, state inspectors found that a female resident with dementia had a "bruised area and a small abrasion inside the labia" that was indicative of abuse. Upon investigating her condition, the inspectors learned that the nursing home had conducted no inquiry into this apparent sexual abuse. The director of nursing explained to the inspectors that "maybe she fell on a broomstick.

In another Oregon nursing home, residents were repeatedly subject to sexual abuse by another resident, including fondling that "occurred daily at breakfast." No action was taken by the nursing home and no appropriate plan was developed to prevent this abuse.

If you believe a loved one has been subjected to abuse, contact us for an legal evaluation of your situation.

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Special Investigations Division of the House Government Reform Committee in 2001

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