Elder Sexual Abuse


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Burbank Elder Sexual Abuse Lawyer

Burbank elder sexual abuse attorneys fighting for seniors abused by residents, caretakers, and others in California

The worst kind of abuse anyone can face is sexual abuse. It takes away all your power, changes your life forever, and is a grave breach of trust when inflicted on a vulnerable person like a senior. Unfortunately, many abusers target the elderly population because they think they can get away with the abuse with no repercussions. They also find this group of the population to be an easy target. Abuse can happen anywhere, including the senior’s home, but is most prevalent in nursing homes and long-term care facilities. Speak to the Burbank elder abuse lawyer from Garcia & Artigliere for assistance in holding these negligent parties responsible - call us today.

Elder abuse attorney Stephen M. Garcia obtained $5.4 million dollars for an 87-year-old woman who was repeatedly sexually molested by the co-manager of a residential care facility. The co-manager had a long history of alleged sexual misconduct at the facility, but none of the incidents of elder abuse were reported to either Adult Protective Services or to the Department of Social Services. Upon discovery, the nursing home fired the co-manager and waited 8 days to report his actions to the police, giving him time to flee.


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What is sexual abuse of the elderly?

Sexual abuse occurs when a person initiates sexual contact with a senior that is unwanted or nonconsensual. It can also happen when the person cannot consent or is confused. Unwanted touching, displaying nude images, or rape are typically types of sexual abuse. The most common forms of elder sexual abuse include:

  • Rape
  • Forced nudity
  • Unwanted touching
  • Sexual photography
  • Sexual battery or assault

What are the signs an elderly person in Burbank has been sexually abused?

Sexual abuse of the elderly often leaves physical and emotional signs. The victim may be unable or unwilling to report the abuse. Therefore, it is up to family members and others to look for evidence of abuse. Your ability to identify the abuse is vital, as a lack of evidence could hurt your loved one’s chances for recovery. Some signs of sexual abuse of a senior include:

  • Depression
  • Social withdrawal
  • STDs and infections
  • Unexplained vaginal bleeding
  • Abrupt mood changes
  • Torn or stained clothing
  • Bruises in the thighs, breasts, and genital areas
  • Difficulty walking or sitting
  • Fear around a specific caregiver

If you suspect elder sexual abuse, you must take steps to remedy the situation and remove your loved one from the danger. Start by reporting the facility to the California Adult Protective Services Agency hotline at 1-833-401-0832. The CAPSA will investigate the allegations and take steps to hold the facility and caretaker liable. With your permission, they will also cross-report to other agencies, such as law enforcement. You should also speak to a Burbank sexual abuse lawyer.


Why are the elderly sexually abused in Burbank?

Often, elder sexual abuse happens when an abuser feels they will not face any repercussions for their actions. Elderly patients who are weak or vulnerable have an increased risk of being sexually abused. Elderly women are especially susceptible to abuse as they are often seen as the most vulnerable. The older a resident is, the higher risk they may have. Patients who suffer from mental impairments like dementia and Alzheimer’s suffer some of the most egregious cases of sexual abuse.

Perpetrators believe these parties will not report them either because of their impairments or out of fear. They will emotionally manipulate the individual to make them believe they have no options and use threats to ensure the senior stays quiet. This lack of consequences is a leading reason why elders are sexually abused in Burbank. Other risk factors include:

Risk factors and personal issues are no excuse for caretakers to take advantage of the people they are tasked with caring for. Physical evidence of the abuse can help with your legal claim. Speak to a Burbank sexual abuse lawyer about your concerns and the next steps now.

Who is liable for the sexual abuse of seniors in Burbank?

You can file a lawsuit for sexual abuse of the elderly against the perpetrator, although they might not be the only responsible party - nursing homes and caregiving agencies must protect seniors from sexual abuse. Aside from the facility, others who can be held liable include:

  • Administrators
  • Facility staff
  • Operators
  • Supervisor
  • Third parties
  • Other residents

There must be evidence that a defendant failed to take reasonable actions to keep the elderly safe and prevent sexual abuse. If they did fail and you can prove it, these parties can be held liable. Our Burbank sexual abuse lawyers will investigate the case, document the evidence, and determine liability. Call Garcia & Artigliere today to build a solid case and recover compensation.

Mandated reporters and sexual abuse law in California

There are state laws that specifically address sexual abuse of an elderly individual. Any sexual action taken against a vulnerable person under coercion, threat, or duress is abuse. If victims cannot resist or are incapacitated, they have rights. California addresses the rights and actions survivors can take in the Elder Abuse and Dependent Adult Civil Protection Act. The act also outlines who is considered a mandatory reporter of sexual abuse.

Certain parties must report perpetrators if they suspect or observe sexual abuse. To be deemed a mandated reporter, a person must fit into the following category:

  • Clergy members
  • In-home support service providers
  • Health practitioners like nurses, doctors, paramedics, and therapists
  • Law enforcement
  • Anyone with responsibility or custody of an elderly person in California

Mandated reporters must contact relevant agencies and authorities to investigate the incident. Additionally, family and others should take legal action quickly due to a filing deadline. Discuss how these deadlines impact your claim with a Burbank elder sexual abuse lawyer.

How much is a Burbank elder sexual abuse claim worth?

Your case’s worth will depend on the facts of the case. Damages are designed to help victims return to a sense of normalcy. However, this is not always possible–physical signs can fade, but the emotional and psychological effects can remain. A Burbank sexual abuse lawyer will seek compensation for the following:

  • Psychological counseling and physical therapy
  • Medical bills incurred from treating infections and injuries caused by the sexual abuse
  • Medication to treat illness, injury, pain, and mental health
  • Reimbursement of expenses for moving the senior to a new facility
  • Emotional distress
  • Physical pain and suffering

Other damages could be recovered, depending on the situation. If the incident results in the death of an individual, you can also pursue a wrongful death claim for damages.

Do you have a Burbank elder sexual abuse lawyer near me?

When you retain Garcia & Artigliere, you get a dedicated Burbank sexual abuse lawyer with extensive knowledge and compassion for clients. Our lawyers help clients hold perpetrators of abuse liable for their actions and seek monetary compensation for the damages and harm they inflict on seniors. We have 150 years of combined legal experience holding predators and the facilities they work for responsible for their egregious actions. Contact our Long Beach or Los Angeles offices to schedule a confidential consultation. Our team serves clients throughout California.

Speak with a Burbank elder sexual abuse lawyer today

Sexual abuse is a serious problem that plagues nursing homes throughout Burbank. Call the office of Garcia & Artigliere or submit our contact form to schedule a free consultation with a Burbank sexual abuse lawyer today.

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