Sexual Assault and Battery

Sexual assault of an adult constitutes any behavior or action of a sexual nature which is unwanted, or occurs without the victim’s consent, or makes the victim feel uncomfortable of placed in a state of fear or apprehension. The Pennsylvania Coalition Against Rape, a group that works to eliminate all forms of sexual violence and advocate for the rights and needs of victims of sexual assault in Pennsylvania estimates that elder abuse is under-reported at an alarming rate. According to the January 2000 Department of Justice report on, Crimes Against Persons Age 65 or Older, only 30% of those 65 and older who were either raped, and or sexual assaulted, reported the violation to the police. The severity of sexual assault and battery upon an elder is well documented; over half of victims within one year of an assault will die due to the trauma. At the law firm of Rosenbaum and Associates we have over 25 years experience working on behalf of severely injured plaintiffs, and we can appreciate the sensitivities and need for compassion while you or your loved one recovers from such a violation.

Sexual assault of an older adult is less likely to be detected, often because the act is clouded in secrecy by a caregiver or trusted loved one which causes the victim to have a feeling of shame and embarrassment as well as an aversion to discuss what had occurred. In a residential care setting there are protocols that each institution are required to follow. Before choosing a nursing home, long-term care facility, or contracting with an in home care provider, discuss with the director or person in charge of enrollment as to what specific procedures are in place to help ensure the physical and sexual well-being of your loved one. While detection may be difficult there are some signs that your loved one may have been a victim of sexual assault and battery. In particular some behavior changes that may indicate that an older person has been sexually assaulted are; changes in social isolation often resulting in withdrawing from others, or showing an extreme fear towards a particular person, or a sudden increase in destructive behaviors either to themselves or others, may be indicators that something is amiss. Some physical signs of a sexual assault and battery of an older adult include, bruising or trauma of the breasts, genitals, thighs, or rectal areas, abdominal pain, semen stains, and or a sexual transmitted infection. Also by forcing an elder to undress, or forcing them to watch pornographic material, or by forcing them to watch sexual acts, while not involving direct touching do fall under the term of sexual elder abuse.

If you or a loved one have been a victim of sexual assault and battery while in a nursing home, long term care facility, or contracted in home care provider, the Philadelphia based law firm, with practices throughout Pennsylvania and New Jersey, may be able to help you recover just compensation. In order to determine whether you have grounds for a case, please contact us online or call 1 800 7 LEGAL 7 for a Free Case Evaluation.