Elder Sexual Abuse Attorneys
In all its forms, elder abuse is a serious and pervasive issue, affecting individuals across all cultures and communities. Shockingly, research indicates that worldwide, 1 in 6 people over the age of 60 experience some form of abuse, including sexual abuse.
When the abuse is sexual, it's a particularly devastating violation that leaves survivors and their families grappling with profound pain, betrayal, and injustice. This trauma is often compounded when the abuser is someone entrusted with the care and well-being of the survivor, such as a caregiver or nursing home staff member.
Few decisions are as difficult for a family as deciding whether or not to trust the well-being of an elderly loved one in a nursing home facility or a professional caregiver.
When families later learn that their loved one has fallen prey to sexual abuse at the hands of these professionals, it's devastating. Often, this is a criminal matter, but a guilty verdict is unlikely to provide the victims of these serious crimes the compensation they deserve.
Inappropriate or criminal behavior from an employee or caregiver can permanently change a victim's life. We understand the special needs of elder abuse survivors and how to fill them.
We can aggressively fight against elder abuse and neglect on your behalf. Having elder sexual abuse attorneys on your side can give your family peace of mind during this traumatic time. You can focus on moving forward while we focus on holding the care facility accountable for its actions.
We can use our experience to advocate for you or a family member. If you do not know where to turn for answers after discovering elder abuse, our elder sexual abuse lawyers can help you obtain the resolution you need. We can also help you seek legal recourse in a civil case.
Our California sexual abuse attorneys are committed to representing victims of elder sexual abuse and their families. At Injury Justice Law Firm, we stand by survivors of elder sexual abuse and their families as they seek accountability for the harm endured. If you and your family have been affected, contact our dedicated elder sexual abuse lawyers for a case review.
What are the Signs that an Elder Loved One May Be Experiencing Sexual Abuse?
Recognizing the signs of elder sexual abuse can be challenging, especially when the survivor cannot fully articulate their experiences due to cognitive decline or fear of retaliation. However, understanding the potential warning signs can empower you to take quick action and intervene on their behalf.
Signs of elder sexual abuse often include physical, emotional, and behavioral indicators. Be vigilant for the following red flags, such as the following:
Physical Signs
- Unexplained injuries in sensitive areas, including bruises, bleeding, or pain.
- Bruising and handprints on the inner thighs, breasts, and buttocks.
- Torn or stained clothing, particularly undergarments.
- Sexually transmitted infections or urinary tract infections without clear explanation.
Behavioral Signs
- Sudden withdrawal from family, friends, or previously enjoyed activities.
- Intense fear or anxiety in the presence of certain caregivers or individuals.
- Avoidance of physical touch or displays of affection.
- Depression and refusal to communicate.
Other Clues
- Verbal complaints of abuse, even if disjointed or unclear.
- Unexplained financial changes, which could indicate manipulation or coercion.
- Poor hygiene or neglect, indicating carelessness from those responsible for their well-being.
If you observe any of these signs, it's critical to speak with your loved one in a supportive and non-judgmental manner. Document your observations and seek professional help immediately to ensure their safety and begin addressing the harm caused.
Why is Elder Sexual Abuse Underreported?
Many people may not know about abuse in nursing homes. Since many elderly victims of physical abuse do not come forward on their own to report the abuse, it may be up to loved ones to be on the lookout for signs of emotional abuse, neglect, or malnutrition.
If you have someone in a care facility, visit as often as you can and pay attention during visits for red flags. Suppose you suspect that someone you care about is a victim of elder sexual abuse.
In that case, you should report your suspicions immediately to the authorities and discuss your situation with an exceptionally qualified elder sexual abuse lawyer. There are several reasons why elder sexual abuse is underreported, including the following:
- Victim is unable to report due to physical or mental ability.
- Victims may suffer from dementia and have a difficult time remembering what has happened to them or being able to express it to others.
- Fear of retaliation from the abuser.
- Fear that reporting abuse will place them in an institution.
- Feeling ashamed to tell someone that a loved one is hurting them.
- Concerns that the report will get the abuser in trouble.
- Victim depends on the abuser for their care and basic needs.
- Fear that when they report the sexual abuse, they will not be believed due to their age or assumptions about their mental capabilities.
Abusers in nursing homes are in a powerful position to prevent disclosure. They often threaten to withhold food, medication, or other services to intimidate their victims. It's important that, if neglect and abuse are discovered, to hold the caregivers accountable.
A legal advocate can inform you of your rights and legal options in your case and assist you in filing a lawsuit to hold the parties responsible for their nursing home abuse.
Who May File a Civil Claim for Elder Sexual Abuse?
Taking legal action on behalf of a survivor of elder sexual abuse can be an essential step toward justice and accountability. California law allows certain parties to file civil claims in these cases, depending on the circumstances.
Below are the individuals who may have the right to bring a civil lawsuit against the perpetrator or any negligent third party involved (e.g., a nursing home or care facility):
- The Survivor: The elder survivor of sexual abuse has every right to file a civil action against the abuser or anyone who enabled the abuse.
- Spouse or Legal Guardian: A spouse or a guardian appointed through legal means may be authorized to pursue a claim if the elderly are unable to represent themselves due to incapacity.
- Family Members with Power of Attorney: Relatives holding power of attorney over the elder's affairs can file a claim on their behalf to seek justice and damages.
- Close Relatives Who Witnessed the Abuse: Family members who directly witnessed or discovered evidence of abuse may have standing to bring forward legal claims, particularly if they have suffered emotional harm as a result.
If you are unsure whether you qualify to pursue a civil case, consulting with an experienced sexual abuse injury attorney can provide clarity. We will evaluate your case and ensure your loved one's rights are protected.
What Compensation is Available?
We are committed to seeking justice for dependent adults who have suffered emotional abuse, sexual battery, or neglect at the hands of caregivers in nursing home settings. We might be able to help you or your family obtain financial compensation from one or more at-fault parties.
The abuser might be held accountable, or else the institution that was in charge of your loved one's safety and well-being could be liable. Our elder sexual abuse lawyers can help you seek an appropriate amount for your damages. Possible compensation can include the following:
- Mental or psychological harm,
- Physical pain and suffering,
- Diminished quality of life,
- Temporary or permanent disabilities,
- Abuse-related medical costs,
- Wrongful death,
- Punitive damages.
Many successful physical elderly abuse lawsuits result in punitive damages for the plaintiff. Punitive damages seek to punish the facility or caregiver for gross negligence or malicious intent to emotional/physical harm.
A punitive damage award can substantially increase your total financial recovery and help you and your family move forward with your life after physical elder abuse, neglect, or harassment.
Statute of Limitations on Civil Elder Abuse Cases
Legal claims for elder sexual abuse are subject to specific time limits, known as the statute of limitations. In California, survivors or their families typically have up to 10 years to file a lawsuit. This time frame begins either on the date of the last instance of abuse or, in some cases, when the abuse or neglect is reasonably discovered.
For survivors who may not immediately realize what has happened-for example, due to memory loss, trauma, or mismanagement in a care facility-the law allows an extended period. You may file a lawsuit within three years of discovering the abuse or its impact.
However, it is essential to act as quickly as possible. Evidence can disappear, witnesses' memories may fade, and the legal process can be complex. By contacting an attorney promptly, you can ensure proper documentation and initiate the legal system's protections for your loved one.
We Are Here to Help
Surviving elder sexual abuse can feel overwhelming, but taking action is the first step toward justice and healing. At Injury Justice Law Firm, we provide compassionate, comprehensive legal support to elders and their families, giving you the tools to hold perpetrators accountable.
If a family member has become the victim of physical elder sexual abuse, you must learn what your legal rights and options for recourse are. You may be entitled to file a lawsuit to seek compensation for damages for the emotional or physical trauma that has occurred.
The best way to learn what steps to take in your particular situation is by speaking with a trusted California sexual abuse attorney about the details of the abuse that took place. For more information, contact our sexual abuse law firm, based in Los Angeles, California.
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