Elder Sexual Abuse

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Lawyers Handling Claims of Sexual Abuse of the Elderly in Pasadena

Tough representation for seniors who are sexually abused due to the failures of their caretakers

It’s quite shocking to think that your parent, grandparent, aunt, or uncle would ever be sexually abused – especially if they have any physical or cognitive infirmities. Yet, there are staff members, other seniors in a residential care facility, and people with access to a nursing home or private home who force your loved one to have nonconsensual sex. At Garcia & Artigliere, our Pasadena elder abuse lawyers are as horrified about sexual abuse of the elderly as you are. That’s why for more than 30 years, we’ve filed sexual abuse claims on behalf of the elderly throughout California. We understand that no sum of money can restore your loved one’s sense of security; however, compensation does send a message that the abuse must stop and helps your loved one get the physical and emotional help they need to move forward. We’ve obtained more than $3 billion in recoveries for our clients. 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 Pasadena sexual abuse lawyers help?

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How is sexual abuse of the elderly defined?

The US Centers for Disease Control and Prevention defines a senior as anyone who is 60 or older. The CDC’s definition of sexual abuse is conduct that “involves forced or unwanted sexual interaction of any kind with an older adult.” Rape, sexual assault, sexual harassment, and being forced to watch sexual acts against one’s will are all examples of sexual abuse. Promises of better treatment if a senior engages in sexual acts are also sexual abuse.

While many seniors have healthy sex lives, they must give consent. For many seniors, it’s impossible to give consent due to cognitive difficulties such as dementia or Alzheimer’s. Many seniors who are victims of sexual abuse are too physically or cognitively impaired to fight back or resist. Caretakers need to take proactive steps to identify why, where, and when sexual abuse may occur in their facility or the private home of a senior. Sexual abusers may include staff members and anyone who can enter an elder care facility. Even residents of long-term care facilities may commit sexual abuse on other residents.

At Garcia & Artigliere, our Pasadena sexual abuse lawyers are skilled at showing what sexual acts occurred, proving that the acts were nonconsensual, and identifying what steps the caretaker should have taken to prevent the abuse.

What signs of sexual abuse of seniors should you look for?

We recommend that family members and friends visit the seniors they care as often as possible. During the visit, and through phone calls and other communication methods, you should observe your loved one and question them about their lives.

Some of the common signs of sexual abuse of the elderly include:

  • Anxiety, irritability, and depression
  • Fear of or withdrawal from anyone who is in or has access to the facility/home of the senior
  • Infections and sexually transmitted diseases (STDs)
  • Post-traumatic stress disorder (PTSD)
  • Bleeding, bruises, and cuts of the genital areas
  • Undergarments that are torn, bloody, or ripped
  • Difficulty sitting or sleeping
  • Nonparticipation in social activities
  • Changes in eating habits
  • Suicide attempts
  • Unusual conversations about sex

Please err on the side of caution and contact Garcia & Artigliere immediately if you have any concerns. Our Pasadena sexual abuse lawyers will help your loved one receive prompt physical and psychological care. It’s critical that proof of sexual abuse, such as biological evidence, photos, and other sensitive information, be preserved. Once your loved one has received skilled medical care, we’ll answer all questions and explain how to assert your loved one’s rights.

Our Pasadena sexual abuse lawyers fight for sexual abuse of all sexual identities.

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What are the causes of sexual abuse in Pasadena?

All long-term, rehabilitative, adult daycare, and other types of caretakers must understand why sexual abuse of the elderly in Pasadena occurs and what preventive measures to take.

Some of the reasons abusers commit sexual abuse of seniors include:

  • Many elderly residents and patients cannot physically resist
  • Many seniors cannot give consent
  • The elderly are often too afraid to complain
  • Some senior care doctors don’t prioritize sexual health
  • Opportunity, as many seniors spend a lot of time in their bedrooms

Some of the preventive measures that caretakers should take but often don’t include:

  • Conducting background checks on new hires and current hires
  • Addressing understaffing problems
  • Ensuring that residents are seen by different caretakers who might determine when sexual abuse is occurring (even if the abuser is another staff member) and who is committing the abuse
  • Educating staff members about how to recognize and respond to sexual abuse
  • Creating a safe reporting system
  • Identifying the people who have cognitive impairments and the residents who might commit sexual abuse
  • Implementing rules and procedures to prevent sexual abuse
  • Ensuring anyone who is abused receives immediate medical care
  • Contacting the police, the local long-term care ombudsman, and local adult protection agencies

Who is liable for sexual abuse of the elderly in Pasadena?

At Garcia & Artigliere, our Pasadena sexual abuse lawyers file claims against caretakers and others who commit sexual abuse.

We coordinate our civil case against an abuser with the criminal charges filed by the Pasadena prosecutors.

We also file claims against the entities and people who had a duty to protect your loved one from sexual abuse and failed. The defendants may include:

  • The owners of the caretaker facility or business
  • The managers or supervisors of the caretaker facility or business
  • The caretaker entity, e.g., nursing home, based on the principle that owners are vicariously liable for the conduct of their employees

How much is a senior’s Pasadena sexual abuse claim worth?

At Garcia & Artigliere, our Pasadena sexual abuse lawyers understand the physical and emotional trauma that seniors endure when they are sexually abused. That’s because we’ve handled numerous sexual abuse cases successfully and take the time to speak with the abused senior and his/her family. We work with doctors and healthcare professionals who specialize in helping sexual abuse victims. Sadly, while many physical injuries do heal, the emotional injuries often last for the rest of your loved one’s life.

We demand compensation for each abused senior’s current and future:

  • Medical costs, including physical care and emotional counseling
  • Daily physical pain and emotional suffering
  • Loss of quality of life
  • Loss of trust and confidence
  • Physical and emotional scars

In many sexual abuse actions, we seek punitive damages from the abuser.

In one case, our founding attorney Stephen M. Garcia obtained $5.4 million on behalf of an 87-year-old senior who was sexually assaulted by a co-manager of a residential care facility. The nursing home failed to promptly inform the Department of Social Services or Adult Protective Services of the assault, and due to their delay, the co-manager was able to flee.

Do you have a Pasadena sexual abuse lawyer near me?

Garcia & Artigliere consult with Pasadena sexual assault victims in various ways. We have several California offices, we visit seniors at the long-term or short-term care facilities where they’re living or at other locations, and we also conduct phone conferences and video conferences.

Our lawyers will answer all the questions you and your loved one have. We understand the unique issues involved with representing the elderly and the unique challenges involved with representing sexual assault victims.

Get help from an experienced Pasadena sexual abuse lawyer at Garcia & Artigliere today

At Garcia & Artigliere, our Pasadena sexual abuse of the elderly lawyers work with healthcare professionals skilled at helping victims move forward – during the claims process and afterward. Our lawyers are respected by former clients, their families, insurance companies, and defense lawyers for our record of settlements and verdicts.

To help your loved one hold abusers accountable, call or contact our offices today to schedule a free, confidential consultation. We represent elder abuse victims throughout California with offices in Long Beach and Los Angeles, as well as in Arizona, Kentucky, and Louisiana. We only receive compensation if a senior’s claim is successful.

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