LB Elder Sexual Abuse

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Lawyers Handling Claims of Sexual Abuse of the Elderly in Phoenix

Strong advocacy for seniors who suffer sexual abuse in Arizona

Every senior in Phoenix should take action when any type of non-consensual sexual abuse occurs. The sexual offender and anyone who could have prevented the abuse must be held accountable to compensate the senior victim and protect other seniors. Sexual assault such as rape or any type of force can cause severe physical injuries and long-term emotional harm. Seniors who are sexually abused lose their dignity, confidence, trust, and ability to focus on the joys of life. Most sexual abuse victims require counseling – often for their lifetime.

At Garcia & Artigliere, our Arizona elder abuse attorneys have been fighting for seniors who are physically or sexually abused since 1993. We have 150+ years of combined experience. Our lawyers coordinate your civil Phoenix sexual abuse claim with any criminal complaints. In many cases, the person who commits sexual abuse is not the only one responsible. Nursing homes, adult care centers, and other agencies and facilities may be responsible if they could have stopped the sexual abuse from happening.

Elder abuse attorney Stephen M. Garcia fought for an 87-year-old woman who was repeatedly sexually molested by a co-manager of a residential care facility. He helped her obtain $5.4 million because the facility failed to report the abuse of a co-manager, even though he had a long history of alleged sexual misconduct at the facility. The facility also failed to contact Adult Protective Services or the Department of Social Services.

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What is the definition of sexual abuse of the elderly?

The US Centers for Disease Control and Prevention defines sexual abuse of the elderly (anyone 60 or older) as 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.”

Sexual abuse of the elderly in Phoenix includes assault by men or women. The victims may be men or women. Many times, but not always, the sexual abuser and the elderly victim know each other. The abuser may be a family member, a friend, a home-care aide, or a member of the staff of a day facility or a residential facility. Other residents, visitors, and contractors may also be sexual abusers.  The abuse may occur in the senior’s home, nursing home room, indoors, outdoors, or anywhere the senior is located.

Why do seniors suffer sexual abuse in Phoenix?

Sexual abuse is about power, no matter who the victim or the perpetrator is. The elderly are especially vulnerable to acts of power due to their physical, cognitive, and emotional challenges.

Seniors in Phoenix who have cognitive impairments such as dementia or Alzheimer’s cannot even understand what is happening to them – sexually, physically, and emotionally. Even seniors in full control of their faculties are usually powerless to stop sexual abuse and are often too afraid to report the abuse. Many physicians focus on many other health issues before they even think that a senior patient may have been sexually abused.

Sexual abuse is dehumanizing. It’s unconscionable. The perpetrators and enablers need to be held accountable now.

Nursing Home Neglect

What factors raise concerns that a senior was sexually abused in Phoenix?

Loved ones, family, and other caretakers should be able to recognize the signs that a senior has been sexually abused. These signs include:

  • Bruises of the genital areas or nearby body parts
  • Blood coming from a sexual body part
  • Clothing that is bloody, ripped, or stained
  • Difficulty walking or sitting
  • Acquiring a sexually transmitted disease (STD)
  • Emotional and physical withdrawal from others
  • Anxiety, irritability, and depression
  • Unusual sexual activities
  • Attempts at suicide

Every elderly person who has been sexually assaulted needs medical care. This care includes an examination for physical injuries and consultation with a psychologist or an experienced sexual abuse counselor to help the senior regain hope and the courage to assert their rights.

Our Phoenix sexual abuse of the elderly lawyers work with local family doctors, specialists, psychologists, and sexual abuse counselors.

Who can be held liable for the sexual abuse of the elderly in Arizona?

Sexual assault victims often target the elderly because of their vulnerabilities. Many victims of sexual abuse, at any age, fail to seek medical or legal help.

The person who sexually abuses the senior may be charged with a criminal offense. They should pay for any harm or damages they caused the victim. Sexual abusers in Phoenix will normally also be required to pay punitive damages.

In Phoenix, home-health care aides and agencies, adult day care centers, nursing homes, and other long-term care facilities should have policies and procedures in place to prevent sexual abuse from occurring and to immediately handle complaints of abuse through investigations and disciplinary actions. Caretakers who fail to implement common-sense and industry-wide standards to address the issue of sexual abuse may be liable for any abuse that occurs by a worker or on their premises.

Some of the steps elder care agencies and facilities should use to stop and react to sexual abuse include:

  • Hiring enough qualified staff members so that the care of the seniors can be rotated among different workers
  • Explaining what types of sexual conduct are specifically prohibited
  • Setting specific rules for how any suspected sexual abuse of a senior in Phoenix will be reported and investigated
  • Educating the staff members about the signs and symptoms of sexual abuse
  • Establishing procedures to protect residents who have any cognitive or physical difficulties or who might otherwise be vulnerable to sexual abuse
  • Creating an environment where the elderly and anyone who spends time with a senior can be viewed including having a visual sign-in requirement and open-door policies
  • Monitoring any potential sexual abuse by other residents
  • Immediately responding to complaints by the senior, family members, or others about the possibility of sexual abuse
  • Disciplining anyone who commits sexual abuse
  • Reevaluating the security protocols in the event of sexual abuse

How much can an elderly sexual abuse victim claim in Arizona?

Sexual abuse is a horrific offense. Seniors who are sexually abused are often never the same person. At Garcia & Artigliere, our Phoenix sexual abuse lawyers have helped thousands of people obtain strong recoveries – more than $3 billion since 1993. We work with the senior’s medical team to show just how traumatic, physically painful, and emotionally upsetting the abuse is and will continue to be.

Our lawyers demand compensation for all the senior’s current and future:

  • Medical expenses including emergency care, rape and sexual assault counseling, hospitalizations and surgeries, treatments by physicians, rehabilitation care, medications, and any other medical expenses
  • Physical pain and emotional suffering
  • Loss of life’s pleasures and quality of life

We coordinate the claim with any criminal cases. We also usually seek punitive damages because sexual abuse is so unconscionable.

Do you have a sexual abuse of the elderly lawyer near me?

Sexual abuse of the elderly shatters their lives. At Garcia & Artigliere, our Phoenix sexual abuse lawyers immediately take steps to stop the abuse, notify the proper authorities, help the senior obtain medical care and counseling, file complaints, and demand compensation – to help restore the senior’s health and dignity.

Talk with Garcia & Artigliere today if you or a loved one was sexually abused in Arizona

Garcia & Artigliere is ready to fight for seniors from the moment you contact us. We thoroughly prepare your claim, show how the abuse happened, and show why people and organizations such as nursing homes failed seniors when protection was most needed. We demand that seniors who are sexually abused be fully compensated and that those who could have stopped the abuse are required to take steps to prevent further sexual abuse from occurring.

To assert your rights or the rights of someone you love, call or contact our offices now to schedule a free, case evaluation. Our experienced elder care lawyers maintain additional offices in Los Angeles, Long Beach, Louisville, and New Orleans, and serve clients across America. There are no upfront charges. We only receive payment if the case is successful. Call us for help now.

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