Elder Sexual Abuse

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San Diego Elder Sexual Abuse Lawyers

Strong representation from San Diego elder sexual abuse attorneys

Sexual abuse is intolerable. The abuser needs to be reported and held accountable immediately. Long-term care facilities, local daycare centers, and home health agencies need to have policies in place to prevent sexual abuse, treat sexual abuse promptly, and respond to all complaints of sexual abuse quickly. Caretakers in San Diego need to monitor not just the staff but also other residents and anyone who may have private contact with a senior. Most sexual assault victims need immediate physical medical care and long-term psychological care. For most sexual abuse victims, their lives are never the same.  At Garcia & Artigliere, our San Diego sexual abuse lawyers have been fighting for seniors for a combined 150 years. In 2021, our lawyers secured more than $50 million in recoveries for seniors and the disabled who suffered harm due to abuse, including sexual abuse, and neglect.

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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How can our San Diego sexual abuse lawyers help?

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What is sexual abuse of the elderly?

Sexual abuse of the elderly is horrible. Sadly, too many caretakers, residents of nursing homes, and anyone with access to where a senior lives commit this type of unconscionable abuse. Seniors are often sexually abused because the abusers know that seniors can’t physically resist the abuser’s force. Many elderly victims of sexual abuse have cognitive impairments such as dementia or Alzheimer’s which means that they don’t file reports of the abuse because they can’t remember what occurred.

The US Centers for Disease Control and Prevention defines elderly sexual abuse 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.” Anyone 60 or older is considered to be a senior.

The consequences of sexual abuse are frightening. The victims of rape, any type of sexual assault, and any type of abuse may suffer a range of physical harm and a lifetime of emotional harm including fear, depression, withdrawal, anger, shock, and even suicidal thoughts.

What are the common signs a senior has been sexually abused in San Diego?

Everyone who cares for a senior who is in the care of a nursing home, an in-home caretaker, or any other type of caretaker should seek medical help for their loved one and contact our experienced caring San Diego sexual abuse lawyer if they observe any of the following signs of sexual abuse:

  • Sexually transmitted diseases (STDs)
  • Physical injuries, including pelvic trauma, bruises and bleeding around or near the genital areas
  • Problems walking or sanding
  • Under-clothing that is torn, shows signs of bleeding, or damaged
  • Anxiety, post-traumatic-stress-disorder, withdrawal, fear, and other emotional signs
  • Poor eating habits
  • Nightmares, insomnia, or other sleep difficulties
  • Attempts at suicide

At Garcia & Artigliere, we recommend that seniors who are sexually abused be immediately examined and treated by healthcare professionals who specialize in rape and sexual assault trauma – so they can receive prompt care for their physical injuries and emotional trauma. Experienced healthcare professionals, such as forensic nurses, help sexual abuse victims of all ages receive the medical help they need while also working to ensure that the evidence (such as DNA, bleeding, scars, and other evidence) of the sexual abuse is preserved.

Our San Diego sexual abuse lawyers represent sexual abuse of all sexual identities.

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Why are seniors sexually abused in San Diego?

Some of the reasons seniors are targets of sexual abuse include:

  • The inability to physically resist
  • The inability to remember what happened
  • The strong possibility that seniors won’t complain due to fear of or threats from the abuser
  • Many elder care physicians focus on many other problems such as arthritis, bladder difficulties, osteoporosis, and other ailments before even considering conducting a sexual examination

Another strong reason seniors are sexually abused is opportunity. The residents of nursing homes, for example, are often confined to their rooms where caretakers, other residents, and visitors can spend time with a resident without anyone else being present. This is why it’s critical that nursing homes and all caretakers plan for the possibility of sexual abuse and take preventive measures such as rotating staff members, limiting access to rooms, having an open-door policy, and implementing other strategies.

Who is liable in San Diego for the sexual abuse of the elderly?

At Garcia & Artigliere, our San Diego elder abuse lawyers have more than 150 years of combined experience holding caretakers accountable for abuse and neglect. We understand how to show that your loved one was sexually abused and why the caretaker, along with the abuser, should be held accountable:

Some of the reasons caretakers such as long-term care facilities, nursing homes, adult daycare facilities, and in-home caretakers should be held accountable for sexual abuse are:

  • An owner or operator of the caretaker business was the sexual abuser
  • An employee committed the abuse – under the theory that employers are generally liable for the conduct of their employees
  • The caretaker failed to conduct background checks of the abuser, which would have raised concerns about hiring that person
  • Understaffing, which would have helped protect your loved one
  • Failing to rotate the caretaker staff so honest caretakers could have been able to protect your loved one from abuse or identify that sexual abuse had occurred
  • Failing to educate the staff about how to recognize and respond to the signs of sexual abuse
  • Failing to have a clear easy system for filing complaints
  • Failing to take steps to monitor and protect residents with cognitive disabilities from other residents
  • Failing to have written policies and procedures to prevent sexual abuse
  • Failing to provide immediate medical care
  • Failing to work with local authorities and agencies such as the police, the local ombudsman, and local adult protection agencies

What is the value of a Dan Diego sexual abuse claim?

At Garcia & Artigliere, our San Diego sexual abuse lawyers are respected by former clients, insurance companies, and other lawyers for our dedication to our clients, our preparation, and our advocacy skills. Since we opened our offices in 1993, we’ve obtained more than $3 billion for our clients.

We work with your loved one’s physicians and our own independent network of elder care physicians to show what physical and emotional harm the sexual abuse caused your loved one, the medical care you’re your loved one needs, and all the ways the sexual abuse is making your loved one’s life miserable.

We demand compensation for your loved one’s:

  • Medical expenses, including ER care, hospitalizations, psychological care, medications, and other medical care – for as long as medical care is necessary, which is often the rest of your loved one’s life
  • Daily physical pain
  • Daily emotional suffering, which is often deep, long-lasting, and unbearable
  • Loss of life’s pleasure
  • Physical and emotional scars

In sexual abuse cases, we usually demand that the abuser and caretaker also pay punitive damages for their unconscionable conduct.

In one illustrative case, founding lawyer Stephen M. Garcia obtained $5.4 million dollars on behalf of an 87-year-old woman. The senior was continually sexually molested by the co-manager of a residential care facility. Even though the nursing home knew of prior allegations of sexual misconduct, the nursing home never informed Adult Protective Services or the Department of Social Services about the sexual misconduct. The residential facility also failed to fire the co-manager. The delays and failures of the nursing home enabled the co-manager to flee.

Do you have a San Diego sexual abuse lawyer near me?

Garcia & Artigliere represents San Diego sexual assault victims. We coordinate your case with any criminal actions. We help victims obtain psychological help. We answer all your questions and help victims obtain the confidence they need to demand justice for these unconscionable wrongs.

Speak with our experienced San Diego sexual abuse lawyers at Garcia & Artigliere today

At Garcia & Artigliere, our San Diego elderly sexual abuse lawyers understand how sexual assaults are attacks on the dignity, respect, and humanity of every victim. Sexual abuse causes victims to fear for their safety for the rest of their lives. We help sexual assault victims receive the psychological help they need to be able to file a claim. We demand full compensation for how every San Diego sexual victim’s life is changed, including the lives of victims who have dementia or Alzheimer’s. We hold the abuser and the enablers accountable.

To help your loved one obtain justice, call or contact our offices now to schedule a free, confidential consultation. We represent senior sexual assault victims across California including San Diego, Long Beach, Los Angeles, and San Francisco. We also represent clients across America including in Arizona, Kentucky, and Louisiana. We handle sexual abuse of the elderly claims on a contingency fee basis.

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