Elder Sexual Abuse

Sexual Abuse of an Elder or Dependent Adult

Wear Trial Law represents elders and dependent adults sexually abused in care facilities and in-home care settings, and the families who discover it. These cases turn on the facility’s hiring, supervision, and response — and on the fact that facilities frequently treat a cognitively impaired resident’s report as unreliable. Consultations are confidential and can proceed anonymously.

Why this is so rarely reported

The population most at risk is the population least likely to be believed. A resident with dementia who reports an assault is routinely characterized as confused, and the report is documented as a symptom rather than investigated as a crime.

Residents may be physically unable to resist or to call for help. They may have no family visiting regularly. They may fear retaliation from the person who controls their daily care. And where the resident cannot give a reliable account, facilities frequently close the matter internally without ever notifying the family, law enforcement, or the licensing agency.

Consent and capacity

An elder who lacks the capacity to consent cannot consent. Where a resident’s cognitive impairment is documented in the chart, an argument that the contact was consensual is generally untenable — and the facility’s own records establish the incapacity.

Who can be liable

The facility or agency — for negligent hiring, failure to run required background checks, negligent supervision, retaining an employee after complaints, and failing to report as the law requires.

Home care agencies — for placing a caregiver in a private home without adequate screening or supervision.

The individual perpetrator, though frequently without assets, which is why the institutional claim matters.

Facility staff are mandated reporters of elder and dependent adult abuse. A failure to report is both a statutory violation and strong evidence about institutional culture.

Evidence in these cases

Personnel files and background check records. Prior complaints about the same employee, at this facility or a prior one. Incident reports and the facility’s internal investigation. Staffing and assignment records showing who had access and when. Medical records documenting physical findings. Camera coverage and retention — footage is frequently overwritten within days, which is why an early preservation letter matters more here than almost anywhere else.

Privacy

These cases can frequently be filed under a pseudonym, and privacy is discussed at the first meeting before anything is filed. Where the resident has passed away or lacks capacity, a family member may bring the claim through the appropriate representative. See Filing Anonymously: Doe Pleadings & Privacy.

Confidential and free. Call 415-233-9688.