Sexual Elder Abuse Lawsuit
Elder sexual abuse is a serious crime against senior citizens, especially among those residing in nursing homes. Due to the vulnerability of the victims and the potential of abuse against those who cannot communicate about their abuse, their loved ones need to know the warning signs of different forms of elder sexual abuse. If you or someone you know has been a victim of elder abuse in California, contact Cutter Law for a free consultation.
What Is Elder Sexual Abuse?
Elder sexual abuse is unwanted or non-consensual sexual activity with an elderly person. Anyone who engages in sexual contact with an elderly person who is confused, incapacitated, or otherwise unable to consent engages in elder sexual abuse.
Elderly patients, especially those with cognitive impairments such as dementia and Alzheimer’s, are a particularly vulnerable section of society. More importantly, elderly patients who are incapacitated or confused can never legally consent to sexual contact.
Perpetrators of Elder Sexual Abuse
All types of people can perpetrate elder sexual abuse. Among elderly populations, especially those that live outside of residential care facilities, family members and guardians or conservators are common perpetrators of sexual violence.
However, elder sexual abuse frequently happens in nursing homes and residential facilities. These spaces have a disproportionate population of incapacitated patients and individuals with cognitive disorders. Patients suffering from such disorders are often unaware of their surroundings or the actions of others, making them easy targets for illicit acts. Staff members at nursing homes sometimes use their positions to abuse patients, and residents are also at risk of sexual assault by other residents.
Forms of Elder Sexual Abuse
Sexual assault and abuse is a broad term encompassing many acts. Elder sexual abuse takes many forms and can happen to both men and women. Some of the most common forms of sexual abuse perpetrated against the elderly include:
- Unwanted or non-consensual touching
- Sexual intercourse
- Making unwelcome verbal comments or advances
- Forced nudity
- Forced observation of masturbation or pornography
- Taking explicit videos or photos of elders
I always recommend that people just follow their gut. You’ll know when someone that you really love and care about well is changing and something is happening that’s not right.
Margot Cutter,
Partner at Cutter Law
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Featured Nursing Home Abuse Attorney
Attorney Margot Cutter obtained a settlement of $914,506.51 for abuse of a dependent adult at a residential care facility, as well as a $485,000 settlement for elder abuse in a skilled nursing facility.
Margot and her team went above and beyond to assist me.
Signs of Sexual Abuse in Nursing Homes
Authorities believe elder sexual abuse is widely under-reported. Many victims are incapacitated and unable to report the abuse. Meanwhile, others don’t feel comfortable reporting it. Therefore, those with loved ones residing in nursing facilities should know the warning signs of sexual abuse. Some signs to look out for include the following:
- An elder’s report of being sexually assaulted or abused
- Sexually transmitted diseases and infections
- Torn, stained, or bloody clothing, sheets, or undergarments
- Bruising, especially on the genitals and breasts
- Bleeding, irritation, or pain in the genital area
- Unexplained changes in demeanor
Who Can Be Liable for Sexual Elder Abuse?
Sexual abuse victims and their families have the right to file a civil lawsuit and seek compensation for their suffering. While you can seek compensation from the perpetrator, they are not always the only liable party. The facility has a legal duty to keep nursing home residents safe from sexual abuse. If the facilities staff, administrators, and operators failed to provide reasonable measures to prevent the abuse, they could be liable, too.
A Cutter Law sexual abuse lawyer will thoroughly investigate to determine who is responsible for the elder sexual abuse. Gathering evidence and documentation is vital when building a strong sexual abuse case. Contact our team of nursing home abuse attorneys to protect your loved one and seek justice.
What To Do if You Suspect Elder Sexual Abuse
If you suspect someone you know is a victim of elder sexual abuse, the California Adult Protective Services agency operates a hotline at 1-833-401-0832. Individuals may report abuse against themselves, relatives, or someone they know. If the Adult Protective Services agency receives consent from the victim or the victim’s representative, these reports will be cross-reported to local law enforcement for intervention.
Additionally, seeking legal consultation from an attorney with a background in handling elder sexual abuse cases is essential for exploring possible legal options. Cutter Law’s trusted team of nursing home abuse attorneys in Sacramento and throughout California has a proven track record of providing quality, respectful representation to its clients.
California Sexual Abuse Laws
In California, state laws specify that a sexual act is unlawful and abusive if done under threat, duress, or coercion. Additionally, acts are considered sexual assault if the victim cannot resist an act due to incapacitation or inability to understand its nature. The presence of a cognitive disorder, such as dementia, also impedes an individual’s ability to consent.
The primary statute governing elder sexual abuse in California is the Elder Abuse and Dependent Adult Civil Protection Act. This act assigns specific individuals the responsibility of being “mandatory reporters” of reported or suspected elder sexual abuse.
Mandatory Reporters
Under California law, certain individuals must report elder sexual abuse when they observe or suspect abuse, or receive a report of abuse from a victim. The people designated as “mandatory reporters” in California are the following:
- Those with full or intermittent responsibility for an elderly person, such as care facility staff or administrators
- Health practitioners such as doctors, therapists, paramedics, etc.
- Clergy members
- Law enforcement officers or adult protective services employees
- In-home support services providers
Statute of Limitations for Elder Sexual Abuse
California has a statute of limitations setting the deadline for filing a personal injury suit over elder sexual abuse.
When someone perpetrates sexual abuse against an elderly person, In California, if the assault happened on or after Jan. 1, 2019, victims can file a suit up to 10 years after the event or up to three years after discovering the victim was injured.
Cutter Law is here to help. Case after case, we have achieved incredible results for our clients, delivering hundreds of thousands or even millions of dollars per case through both settlements and litigation. Contact an attorney as soon as possible to avoid restraints due to the statute of limitations.
Why Hire a California Elder Sexual Abuse Lawyer?
Every state has a different set of criminal and civil laws relating to sexual assault and elder sexual abuse, so hiring an attorney based in California will ensure you have representation that accounts for the complexities of any unique state laws.
Attorneys at Cutter Law will evaluate the situation and provide options for proceeding with legal action against perpetrators. We can ensure all paperwork is filed properly and on time. We will be with you every step of the way, providing compassionate guidance as we work to deliver you the compensation you deserve. Our experienced legal representation will help you to navigate the process of getting justice for victims of elder sexual abuse.
Attorneys Brooks and Margot Cutter obtained a $485,000 settlement for elder abuse in a skilled nursing facility.
Attorneys Brooks and Margot Cutter obtained a policy limits settlement of $914,506.51 for abuse of a dependent adult at a residential care facility.
401 Watt Avenue Suite 100 Sacramento, CA 95864
1901 Harrison Street Suite 910 Oakland CA 94612
51 E St Santa Rosa, CA 95404
Contact Cutter Law Today
Cutter Law is a California-based personal injury and civil justice law firm representing clients in Sacramento, Oakland, and Santa Rosa. We have an experienced team of compassionate nursing home abuse attorneys dedicated to helping abuse victims get the justice and compensation they deserve.
With years of combined legal experience, our attorneys are here to fight for you and your family every step of the way. If you or a loved one suffered from elder sexual abuse, contact Cutter Law for a free consultation.
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Bedsore Lawsuit Nursing home residents can develop bedsores if the facility’s staff fails to move and reposition them regularly. If
In California, laws protect the elderly and hold abusers and their enablers accountable. Some remedies available include restraining orders, fines, and prison sentences. Victims may also file civil lawsuits to seek compensation for their damages.
The elder abuse statute of limitations in California varies from two to four years, depending on the type of abuse, as injury and financial claims differ.
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