Elder Sexual Abuse

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Santa Clara Elder Sexual Abuse Lawyers

Relentless advocacy from Santa Clara elder sexual abuse attorneys when caretakers fail to protect their residents and patients from harm

It’s virtually impossible to contemplate. Your parent, grandparent, or another senior relative is being sexually abused and your caretaker isn’t taking steps to prevent the abuse. It’s even harder to think about if your relative has a physical disability, dementia, or Alzheimer’s. Yet it does happen – a lot more than anyone might think. At Garcia & Artigliere, our Santa Clara elder sexual abuse lawyers act quickly and aggressively when we learn of sexual abuse of any elderly person. When you contact us, we’ll immediately notify the caretaker that the abuse must stop now. We’ll work to show that the caretaker should have taken steps to prevent the abuse before it occurred. We’ll fight to obtain full compensation for the physical and psychological trauma that seniors who have been sexually abused have to cope with – often for the rest of their lives. In 2022 alone, we obtained more than $50 million for our clients. We understand the unique challenges involved when any senior is sexually abused or assaulted.

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 Santa Clara sexual abuse lawyers help?

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What is the definition of sexual abuse of the elderly?

Seniors are anyone who is 60 or older. The US Centers for Disease Control and Prevention’s definition of elderly sexual abuse is conduct that “involves forced or unwanted sexual interaction of any kind with an older adult.” Sexual abuse includes rape, sexual assault, sexual harassment, and forcing a senior to watch sexual acts against their will. Promises of better treatment in return for sexual acts is also sexual abuse.

There’s no other way to phrase it. Sexual abuse of seniors is horrific. Any person who is sexually abused never fully recovers. Sadly, some caretakers see physical and cognitive weakness as an opportunity to commit nonconsensual sexual acts. Anyone with access to the senior’s location, such as a Santa Clara nursing home, may commit sexual abuse. Even residents of long-term care facilities are known to commit sexual abuse.

Common targets of sexual abuse are seniors who have physical disabilities because they can’t resist and seniors with cognitive impairments because they can’t remember what happened.

Our seasoned sexual abuse lawyers understand how to file sexual abuse claims and assert your loved one’s rights – even if they’re frail or unable to remember.

What signs of sexual abuse of the elderly should families look for in Santa Clara?

When you visit with your loved one, you should take the time to review their health. Some of the common signs of sexual abuse of seniors include:

  • Sexually transmitted diseases (STDs)
  • Post-traumatic stress disorder (PTSD)
  • Injuries to the genital areas and pelvis, such as bruises, bleeding, and pain
  • Problems sitting or moving
  • Ripped, torn, bloody, or disheveled undergarments
  • Anxiety
  • Fear
  • Withdrawal from staff members
    Withdraw from other residents
  • Different eating habits
  • Different sleeping habits
  • Attempts at suicide

If you observe any signs of sexual abuse, please contact Garcia & Artigliere immediately. Our Santa Clara sexual abuse lawyers. It’s critical that your loved one receive prompt physical and psychological care. In addition to treating any diseases and physical injuries, sexual abuse victims lose their dignity, respect, trust, and hope. Those traumas require experienced help from professionals.

It’s critical that evidence of the abuse be obtained and preserved. This evidence may include DNA, photographic images, witness accounts, and other sensitive information.

Our Santa Clara sexual abuse lawyers fight for sexual abuse of all sexual identities.

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Why does sexual abuse of the elderly happen in Santa Clara?

Seniors in assisted living facilities and other residences, adult daycare centers, and in their own homes may be sexually abused because:

  • They’re not able to resist.
  • Can’t remember what happened.
  • Are less likely to file a complaint due to fear of further harm and an inability to remember what happened.
  • Many elder care physicians fail to prioritize sexual health.
  • Opportunity. Many residents live in private rooms with beds and closed doors.

Who is responsible when a Santa Clara senior is sexually abused?

At Garcia & Artigliere, our Santa Clara sexual abuse lawyers have been fighting for the elderly for more than 30 years. We understand how outrageous it is for caretakers to fail to prioritize protecting your loved one from sexual abuse. The causes and the preventive measures are well-known.

In addition to the person who commits the abuse, our elder abuse lawyers file claims against long-term care facilities, assisted living facilities, nursing homes, adult daycare facilities, and in-home caretakers.

Caretakers may be liable for sexual abuse for the following reasons:

  • An owner or manager of a caretaker enterprise committed sexual abuse
  • An employee of the nursing home or other caretaker business was the abuser – on the theory that employers are generally liable for the acts of their employees
  • Failing to conduct background checks on new hires and current hires
  • Understaffing, which would have helped ensure your loved one was cared for by more than one person
  • Failing to train staff members about how to recognize and respond to sexual abuse
  • Failing to provide a reporting system
  • Failing to identify the people who have cognitive disabilities and the residents who might commit sexual abuse
  • Failing to produce and implement written policies and procedures to prevent sexual abuse
  • Failing to ensure your loved one receives immediate medical care

Failing to contact 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 Santa Clara sexual abuse lawyer near me?

Garcia & Artigliere represents Santa Clara sexual assault victims at our California offices, by video conference, and by phone. We also meet clients in-person if they are too ill to come to our office.

Our lawyers will answer all your questions, explain your loved one’s rights, and calmly and clearly guide you and your loved one through the claims process.

Speak with an experienced Santa Clara elder sexual abuse lawyer at Garcia & Artigliere today

At Garcia & Artigliere, our Santa Clara elder abuse attorneys understand just how devasting sexual abuse is. We work with professionals and counselors who can help your loved one assert their rights, preserve critical evidence, and demand full accountability in the form of maximum compensation for their physical injuries and emotional harm. We understand the unique challenges involved in holding caretakers accountable when they fail your loved one.

To fight for your loved one’s health and dignity, call or contact our offices today to schedule a free, confidential consultation. Our lawyers represent abused seniors across California including Santa Clara, Long Beach, and Los Angeles. We also represent abused seniors in Arizona, Kentucky, and Louisiana. We only receive compensation if your loved one’s claim is successful.

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