ATTORNEY NEWSLETTER
Are dependent adults in group homes vulnerable to sexual abuse?
Yes. Abuse in residential care facilities is more widespread than many people believe. According to data from The Disability and Abuse Project, a Los Angeles-based organization dedicated to combating abuse of people with developmental or intellectual disabilities, 70% of individuals with developmental disabilities in group homes experienced neglect, assault, or physical or sexual abuse. More than 50% of the survey’s respondents reported physical abuse, while 41% disclosed sexual abuse. Experts believe these statistics actually underrepresent the true scope of the problem. Many instances of sexual abuse go unreported due to communication barriers, fear of retaliation, or lack of understanding about what constitutes abuse.
Do sexual assaults and rape of dependent adults constitute the crime of dependent adult abuse as well?
Yes. Rape and other forms of sexual assault are of course crimes in and of themselves, but rape and sexual assault are also criminal acts of dependent adult abuse leading the suspect to further criminal charges and also supporting claims for civil liability against the actor and those who supervise him or her. Cal. Welf. & Inst. Code § 15610.63 (definition of physical dependent adult abuse includes any type of sexual assault).
Does Evans Law Firm, Inc. represent victims of dependent adult and elder sexual abuse?
Yes. Evans Law Firm. Inc. represents victims of sexual assault or other abuse in care facilities, group homes, and their families, and pursues all persons responsible, including owners, administrators and managers including awards of attorneys’ fees and costs for bringing the lawsuit. Cal. Welf. & Inst. Code § 15657. Call us today at (415)441-8669 if any dependent or senior loved one has suffered any kind of abuse in Santa Clara County or elsewhere in California. Our toll-free number is 1-888-50EVANS (888-503-8267).
Is there a case example of sexual assault on a dependent adult?
In one reported case,[1] a man faces multiple felony charges after investigators say he sexually abused a vulnerable adult in his care at a licensed group home. Following an investigation by the Sheriff’s Department Special Victims Unit, the individual faces three felony counts: lewd or lascivious battery on a disabled person, sexual battery on a person under 18 by a person 18 or older, and sexual misconduct by an employee with a client who has a disability. According to the arrest warrant’s probable cause affidavit, the arrested man was employed as a caregiver for six vulnerable adult residents at a licensed group home. The victim, a resident at the group home, told detectives the relationship began shortly after his arrival. Investigators say they obtained text message communications between the victim and the arrested caregiver. The affidavit details that the caregiver allegedly engaged in a series of behaviors consistent with grooming. The affidavit describes promises of gifts, including a PlayStation 5, an iPhone and a debit card — which the victim displayed to detectives during the initial interview. The victim reported never receiving the gaming system or phone and believed the promises were used to manipulate him. Detectives say the caregiver also instructed the victim to stay behind during scheduled group outings — referred to in the affidavit as “life skills days” — to ensure no other staff or residents were present.
How can I protect my loved one from this kind of abuse?
If you have any suspicions that a loved one in a group home or other facility is suffering any kind of abuse, alert the home’s administrator and the authorities. If your loved one is already a home resident, consider an in-room surveillance camera. Surveillance cameras in a facility room are permitted under California law. You can read more about the use of surveillance cameras elsewhere on our website: https://www.evanslaw.com/san-francisco-nursing-home-abuse-attorney-surveillance-cameras-in-nursing-home-rooms/.
Contact Us
Ingrid M. Evans represents victims of elder or dependent adult abuse or sexual abuse or sexual assault, and their families and heirs, in Santa Clara County or elsewhere in California. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email at <a href=”mailto:[email protected]”>[email protected]</a>. Ingrid will pursue all remedies available against the agent, including attorneys’ fees and expenses for the older person required to bring an action based on the agent’s wrongful conduct.
[1] Evans Law Firm, Inc. was not involved in the case in any way. The case was first reported on by a local TV station.
