Elder Sexual Abuse

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Batton Rouge Lawyers Handling Claims of Sexual Abuse of the Elderly

Relentless Baton Rouge elder abuse attorneys protecting victims of sexual assault

It’s horrible just to think about a parent, grandparent, or another relative being sexually abused while in a long-term care facility. It’s crushing to be the relative of someone who is raped, sexually assaulted, sexually abused, or sexually harassed. Sadly, many caretakers, residents, and people with access to a residential elder care facility or home sexually abuse loved ones. Many victims can’t physically resist. Many victims don’t even know what’s happening due to their cognitive impairments. At Garcia & Artigliere, our Baton Rouge elder abuse lawyers have been fighting for the elderly since 1993. In one case, we obtained $5.4 million on behalf of an 87-year-old woman who was repeatedly sexually molested by the co-manager of a residential care facility. We’re ready to fight for your loved one call us today to assert your rights.

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 Baton Rouge sexual abuse lawyers help?

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What conduct qualifies as sexual abuse?

The US Centers for Disease Control and Prevention defines sexual abuse of the elderly as any conduct involving a senior (someone 60 or older) that “involves forced or unwanted sexual interaction of any kind with an older adult.” In addition to being sexually assaulted or raped, sexual abuse includes being forced to watch sexual conduct. Sexual abuse also includes promises by a caretaker that the senior will be treated better if he or she engages in sexual acts.

In Louisiana, sexual activities must be consensual. One of the reasons sexual abuse of the elderly occurs so often is that for many seniors, consent is impossible because they have Alzheimer’s or dementia. Not only can’t seniors with cognitive impairments give consent, but many don’t file reports or complaints because they can’t remember what happened. Frail seniors who are cognitive may be able to consent but are targets because they can’t physically resist.

Nursing homes and other types of caretakers must be aware of these challenges. They need to create and implement policies to prevent sexual abuse – including conducting background checks, limiting access to the nursing home and to the elderly, monitoring relations between senior residents, and reporting sexual abuse to the police and local adult protective service agencies.

At Garcia & Artigliere, our Baton Rouge elder abuse lawyers are skilled at helping your loved one explain what happened, showing the sexual conduct was not consensual, and showing why the caretaker should have prevented the sexual abuse.

What are the signs my loved one was sexually abused in Baton Rouge?

Children, grandchildren, and other family members should try to visit their loved ones to enjoy their company and to help ensure their loved ones are safe.

Some of the signs of sexual abuse to look for include:

  • Underclothes that are torn, bloody, or soiled
  • Fear of other people who work in, live, or have access to the place where your loved one lives
  • Anxiety or depression
  • A sexually transmitted disease (STD)
  • Bruised, bloody, or cut genital areas
  • Post-traumatic stress disorder (PTSD)
  • Difficulty sleeping, or eating
  • Withdrawal from other people
  • Suicide attempts
  • Odd sexual conversations

You’ll have to think through how to have these discussions and how to look for the signs of sexual abuse – especially if your loved one has dementia or Alzheimer’s. Our lawyers can help you with those discussions.

Please call Garcia & Artigliere now if you have any concerns. Our Baton Rouge elder abuse attorneys have working relationships with professional sexual abuse counselors and psychologists. We also work with forensic nurses who are skilled at preserving DNA and other physical evidence of sexual assaults.

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Why does sexual abuse happen to Baton Rouge seniors?

Sexual abuse of seniors in Baton Rouge happens for many reasons:

  • The elderly often are unable to consent to sexual conduct.
  • The elderly often can’t resist due to their advanced years.
  • Residents may fear that if they complain, the sexual abuse will continue or worsen.
  • There is a lack of sexual health care by doctors who specialize in helping seniors.
  • Many seniors live in long-term care facilities or rooms that have beds and can be closed to others, creating opportunities for predators.

Nursing homes and other caretaker facilities can, and must, take preventive steps to stop sexual abuse from occurring including:

  • Conducting background exams to determine if applicants or employees are dangerous.
  • Preparing for understaffing The more caretakers that work with your loved one, the more they are likely to observe if sexual abuse is occurring by another caretaker, a resident, or others.
  • Educating staff members about how to recognize sexual abuse and respond to sexual abuse.
  • Implement a reporting (of sexual abuse) system that is confidential and easy to use.
  • Identifying which residents might commit sexual abuse, such as residents who have dementia.
  • Implementing policies and procedures to prevent senior sexual abuse.
  • Providing prompt physical and emotional care.
  • Contacting the police, the Louisiana Ombudsman program, and local adult protection agencies.

How do you hold Baton Rouge caretakers accountable for sexual abuse?

At Garcia & Artigliere, our Baton Rouge sexual abuse lawyers have obtained nearly 50 settlements and verdicts for $1 million or higher and many results for $100,000 and higher. We’re skilled at showing the caretaker for any senior who was abused either directly participated in the sexual abuse, or acted neglectfully by failing to take reasonable steps to stop the abuse.

We also coordinate your case with the police and local prosecutors if someone is criminally charged with sexual abuse.

We work with nursing home professionals and other caretaker professionals who understand what preventive measures should be taken. We formally question everyone involved about what happened. We file claims against all responsible defendants including:

  • The person who committed the sexual abuse
  • A nursing home, long-term care facility, assisted living facility, rehabilitation center, home healthcare agency, or any other caretaker
  • The people who owned, managed, or supervised the caretaker business

What damages can a sexually abused senior claim in Louisiana?

At Garcia & Artigliere, our Baton Rouge sexual abuse attorneys work with physicians who can verify that sexual abuse occurred, what physical harm was caused, the full extent of the psychological harm, and what can be done to help your loved one.

We demand compensation for the following:

  • Your loved one’s medical bills including emergency care, physician visits, surgeries, hospital stays, and long-term psychological counseling
  • Daily physical pain and suffering
  • Changes to your loved one’s quality of life
  • The loss of trust and hope
  • Any physical scars
  • The emotional scars

We usually demand that the abuser pay punitive damages.

Do you have a Baton Rouge sexual abuse lawyer near me?

Garcia & Artigliere understands how devastating sexual abuse is. We have different ways to speak with your loved one, including at our Louisiana office, your home, or where your loved one is living. We also conduct consultations through video or by phone.

We’ll guide you and your loved one through this difficult time.

Speak with a respected Baton Rouge sexual abuse lawyer at Garcia & Artigliere today

At Garcia & Artigliere, our Baton Rouge sexual abuse of the elderly attorneys understand the unique challenges involved in representing victims of sexual abuse. We work with sexual abuse counselors. We work with elder care doctors. We work with local law enforcement and local adult protective service agencies. We’ll fight to restore your loved one’s hope.

To help secure your loved one’s safety and obtain justice for sexual abuse, call or contact our offices today to schedule a free, confidential consultation. We represent the elderly who are sexually abused in Baton Rouge and throughout Louisiana. We also represent the elderly in Arizona, California, and Kentucky. We only receive compensation if the claim of the senior is successful.

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