LB Elder Sexual Abuse

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Louisiana Sexual Abuse of the Elderly Lawyers

Louisiana elder sexual abuse attorneys offering relentless advocacy

Sexual abuse of the elderly is an assault on a senior’s dignity, safety, and body. The people who commit sexual abuse and the facilities and caretakers who fail to protect their residents and patients deserve to be held accountable. Most Louisiana seniors are crushed by sexual assault. They fear for their safety and struggle to cope with the emotional scars. Many acts of sexual abuse involve someone the abuser trusted. Many victims have cognitive or physical difficulties. At Garcia & Artigliere, our Louisiana sexual abuse lawyers have the experience and skills to hold the abuser and those who should have prevented the abuse accountable. Our elder abuse lawyers have obtained recoveries of more than $3 billion.

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What is sexual abuse of the elderly?

Sexual abuse of seniors is unconscionable, yet it happens all too often. The abuser often sees the senior as physically weak and unable to resist. The abuser may also commit this unconscionable conduct because the senior is cognitively disabled – which means that not only are they unable to resist, they’re not going to report the sexual attack because they can’t remember what happened.

The sexual abuser is often someone the senior knows. The abuser may be a caretaker staff member, another resident, or someone with access to a facility that is caring for a senior or the senior’s home. Sexual abusers are normally male but can be female.

The US Centers for Disease Control and Prevention's defines sexual abuse of the elderly (anyone 60 or older) as any conduct that “involves forced or unwanted sexual interaction of any kind with an older adult. This may include unwanted sexual contact or penetration or non-contact acts such as sexual harassment.”

What are the signs a senior has been sexually abused in Louisiana?

Family members, friends, and caretakers who work with the elderly (other than the abuser) should look for the following signs of sexual abuse:

  • Pelvic injuries
  • Sexually transmitted diseases (STDs)
  • Difficulty standing or walking
  • Damaged undergarments and clothing
  • Genital areas and adjacent areas that are bleeding or bruised
  • Emotional signs such as anxiousness, withdrawal, depression, and post-traumatic stress disorder (PTSD)
  • Eating disorders
  • Difficulty sleeping
  • Suicide attempts

Victims of sexual abuse should be examined by medical professionals who specialize in rape and other forms of sexual assault and abuse. Most victims need immediate physical and emotional help. Trained healthcare providers, such as forensic nurses, should help with the senior’s trauma while also working to preserve the evidence of the sexual assault. At Garcia & Artigliere, our Louisiana sexual abuse attorneys have the skill, resources, and compassion to help any senior who has been sexually abused.

Nursing Home Neglect

What are the causes of sexual abuse of the elderly in Louisiana?

Seniors with cognitive and physical disorders are the primary, but not the only, targets of sexual abuse. Seniors have a low inability to physically resist acts of sexual. Even victims who are cognitively aware may fail to report sexual abuse due to fear of being abused again, anxiety, humiliation, and lack of support from others. Many doctors who examine the elderly prioritize other health issues over the sexual health of the elderly.

Sexual abuse of the elderly in Louisiana can occur in nursing homes and other long-term care facilities, adult daycare centers, community centers, and the individual homes of seniors.

Who is responsible when a Louisiana senior is sexually abused?

At Garcia & Artigliere, our Louisiana elder abuse lawyers are skilled at showing that sexual abuse occurred and why the abuse should have been prevented. In all cases, the actual sexual abuser should be accountable criminally and civilly. Sexual abuse of the elderly is illegal, immoral, and unconscionable.

Long-term care facilities, nursing homes, other group caretakers, and private caretakers may also be liable for the following reasons:

  • Employers are generally liable for the conduct of their employees, especially if they fail to follow standard precautions such as conducting background checks
  • Caretakers are generally required to implement policies and procedures to identify the risks and dangers of sexual assault to the seniors in their care; take preventive measures; and monitor staff, other residents, and the people who have access to senior facilities or homes; and respond to complaints of sexual abuse. These policies generally include:
  • Ensuring that there are enough staff members for each resident
  • Rotating the people who care for the resident
  • Educating the staff about how to recognize the signs of sexual abuse
  • Encourage the reporting of any sexual abuse conduct or suspicions
  • Protect seniors with cognitive disabilities
  • Protect residents from abusive residents

What is the value of a Louisiana sexual abuse claim?

At Garcia & Artigliere, our Louisiana sexual abuse lawyers have been fighting for seniors for more than 30 years. We have obtained more than $3 billion in recoveries for victims of sexual and physical abuse, neglect, and other types of irresponsible care. We work with the senior’s doctors and our own independent network of elder care doctors to verify the senior’s injuries, the medical care they’ll need, and the full scope of physical and emotional harm your loved one is suffering from.

We demand compensation for your loved one’s:

  • Medical bills for as long as medical care is required
  • Daily physical pain
  • Daily emotional suffering, which for sexual abuse victims is usually life-long and unbearable
  • Loss of dignity
  • Inability to enjoy their life to the fullest

We regularly demand that the responsible defendants pay punitive damages to send a message that sexual abuse is unconscionable.

In one example, founding attorney Stephen M. Garcia secured a $5.4 million dollar result on behalf of an 87-year-old woman. She was continually sexually molested by the co-manager of a residential care facility. The nursing home, even though they knew about prior allegations of sexual misconduct, never informed Adult Protective Services or the Department of Social Services. The nursing home also failed to fire the co-manager. The nursing home’s delay of eight days enabled the co-manager to flee.

Do you have a Louisiana sexual abuse lawyer near me?

Garcia & Artigliere represents elderly sexual abuse victims throughout Louisiana. Our New Orleans office is located at 400 Poydras Street, Suite 2045. We help senior sexual abuse victims nationwide. We’re skilled at investigating how sexual abuse happened and who should be held responsible. We’ll fight to fully compensate your loved one and restore their dignity and hope.

Contact our experienced Louisiana elder abuse lawyers at Garcia & Artigliere

At Garcia & Artigliere, our Louisiana sexual abuse lawyers understand how completely devastating sexual abuse is. Legal claims do more than compensate your loved one. They help to protect other residents and patients who may be subject to sexual abuse by holding the perpetrator accountable and sending a strong message to the caretaker business that they need to take corrective actions now. To obtain justice for your loved one, call or contact our offices now to schedule a free, confidential consultation. Our lawyers represent elderly sexual abuse victims in Louisiana – and in California, Arizona, and Kentucky. There are no upfront costs. We represent seniors on a contingency fee basis.

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