Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Nursing Homes And Sexual Assault: What You Should Know

Law Blog

When you put your mother or father in a nursing home, the potential for sexual assault is probably the last thing you expect to happen.

Unfortunately, sexual assaults at nursing homes are far more common than most people think. It's important to remember that sexual assaults are always about power and control -- which makes the elderly easy targets. Here is what you must know to protect the senior you love.

Abuses Are Common; Prosecution Is Not

Recent investigations by the news agency CNN uncovered a multitude of horrific stories of sexual assault on elderly nursing home residents. CNN also discovered that state agencies in charge of overseeing nursing homes don't keep the best records of sexual assault. Not all states even bother with a record. Of those that do, there's not a lot of detail. For example, Illinois recorded 386 allegations of sexual assault in 2013, but only 59 were substantiated. In Texas, 251 cases were reported, but only 11 were substantiated.

What the agency discovered is that abuses often go unreported by administrators eager to keep their facilities out of the news. Many cases that do get reported can't be prosecuted for lack of evidence -- the seniors themselves may be in no shape to testify because of their physical or mental impairments. 

Knowledge Is Power; Prevention Is Key

Since it's so easy for a senior to be victimized when they're literally at the mercy of their abusers inside a nursing home, what can you do to keep the person you love safe?

First, be aware that the problem exists and make sure that you are aggressive about checking into your senior's well-being. That means making regular, unannounced visits to his or her room. Don't be afraid to stop in outside of normal visiting hours. Don't wait to have the senior brought to you in the lobby -- insist on seeing him or her without giving the staff a chance to prepare (or hide anything). The more involved you are in your senior's care, the less likely he or she will fall victim to abuse.

You also need to be inquisitive about anything that strikes you as suspicious. This includes things like:

  • A sudden change in your senior's demeanor, especially if he or she seems suddenly fearful or uncommunicative
  • Any complaints from your senior of pelvic, vaginal, or anal pain
  • Bruising around the senior's thighs, mouth, or wrists

In particular, be concerned and vocal if your senior seems particularly fearful or agitated around only one or two members of the staff. Insist on an evaluation by an outside medical professional -- not the staff doctor.

If you do believe that your senior has been sexually assaulted, don't let the nursing home sweep the issue under the rug. Talk to a personal injury law office like Dunbar & Dunbar immediately about how to proceed.


3 April 2018