New York Nursing Home Sexual Assault Lawyer

When it comes to elder abuse, neglect, financial abuse, and even physical abuse may come to mind. All of these are absolutely awful. One aspect of elder abuse that may not come to mind and that is not talked about enough is sexual abuse. Many victims of nursing home sexual assault have extensive medical issues. Some suffer from dementia. Some have difficulty with communication. As a result, nursing home sexual assault is grossly under reported. If you believe your loved one was sexually assaulted while residing in a nursing home, contact an experienced New York nursing home sexual assault lawyer at Stephen Bilkis & Associates. We are committed to helping victims of sexual assault receive the justice they deserve.

Accurate statistics on nursing home sexual assault are hard to come by. However, each year there are thousands of complaints about abuse and neglect at long-term care facilities. In general, victims of sexual assault often have difficultly speaking up and reporting being attacked. This is due to emotional trauma, shame, and fear. There are additional barriers to residents of nursing homes reporting being sexually abused. Nursing home residents generally suffer from extensive medical issues. Some have cognitive problems. Others are not able to communicate their needs. Sadly, their frailty makes them vulnerable to abuse. If you feel that your loved one has been sexually assaulted at a nursing home, contact an experienced New York nursing home sexual assault lawyer.

While some signs of sexual abuse are emotional and may include agitation, depression, and suicidal thoughts, there may also be physical signs:

• Sexually transmitted diseases (STD)
• Pelvic injury
• Irritation or pain in the genital or anal area
• Bruises in the genital and thigh area
• Stained or torn undergarments
• Difficulty walking
• Discomfort when sitting

In addition, as a result of the sexual assault, the victim’s overall physical and mental help may start to quickly decline as emotional trauma can exacerbate pre-existing medical conditions.

Through a personal injury lawsuit, the person who sexually assaulted the victim can be held accountable for their reprehensible actions. Sexual assault may involve any sex offense enumerated in N.Y. Pen. Law § 130 et seq., including rape, forcible touching of genitals, buttocks, or breasts, lewd acts, or sodomy. Even if the assailant is not charged or convicted of a crime, the victim can still proceed with a civil lawsuit.

While the individual who committed the sexual assault should be held accountable, there may be others who should be named as defendants as well based on a negligence theory. For example, it may be appropriate to name nursing home management or the nursing home itself as a defendant if it negligently failed to conduct a proper background check before hiring the employee who sexually assaulted victim. There have been many cases where sex offenders and those with other types of felony convictions have been hired to work in nursing homes and as caregivers in other facilities. Failure to properly supervise or properly train may also be a reason to sue a supervisor or facility.

Compensation for victims may include reimbursement for medical bills as well as compensation for pain and suffering due both the physical injuries and the emotional suffering. Furthermore, the court may award the victim punitive damages if it determines that the actions of the defendants was intentional, willful, or outrageous. If you or your loved one are the victim of a sexual assault in a nursing home, contact an experienced nursing home sexual assault lawyer in New York.

For a variety of reasons, victims of sexual assault in a nursing home may not have reported the sexual assault when it happened. Years may have passed and as a result, because of the statute of limitations, it is now too late to pursue civil action against the assailant.

However, because of a new law, the 2022 Adult Survivors Act, victims now have another opportunity to seek justice. The law allows victims of sexual assault to bring lawsuits in cases that would have otherwise been barred by the statute of limitations. The law provides a one-year window to file lawsuits beginning on November 24, 2022 and ending on November 23, 2023. Because this is a limited opportunity, it is important to immediately contact an experienced nursing home sexual assault lawyer serving New York to discuss your case.

If you or a loved one was sexually assaulted at a nursing home, you deserve justice. Even if the assault occurred a long time ago, there is a limited opportunity to file a lawsuit against the attacker and their employer. With over 20 years of experience winning substantial compensation for victims, Stephen Bilkis & Associates can help. Contact us today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in Manhattan, Bronx, Brooklyn, Queens, Staten Island, Nassau County, Suffolk County, Long Island, and Westchester County.