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May 14, 2022 by |

San Francisco Elder Abuse Attorney: Jury Finds Caregiver Guilty Of Elder Abuse And Sexual Assault

ATTORNEY NEWSLETTER

Alleged Sexual Abuse Of Elderly Victim In Restroom

Charges Of Sexual Assault And Elder Abuse

Jury Reaches Guilty Verdict

Nursing home residents are at risk of all varieties of elder abuse including sexual assault and rape. Statistics show that 20,000 incidents of sexual abuse, assault and rape in nursing homes have been reported to the authorities over the last two decades. This is only part of the horrific story, however, as sexual abuse, like other forms of elder abuse in nursing homes, is often underreported.  This can be due to the social stigma around sexual assault, or fear of retribution by the perpetrator.  Also, residents with mental or physical disabilities may not be able to recount their experience and tell the authorities; Alzheimer’s sufferers and others with extreme dementia may have no memory at all and may have lost the ability to speak. Evans Law Firm. Inc. represents victims of sexual assault or other abuse in nursing 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 senior loved one has suffered any kind of elder abuse here in San Francisco or elsewhere in California.  Our toll-free number is 1-888-50EVANS (888-503-8267).

Jury Finds Caregiver Guilty Of Sexual Assault

In a recently reported case,[1] California Attorney General Rob Bonta secured a guilty verdict against a Los Angeles County certified nursing assistant (CNA) and caretaker for elderly and dependent persons, for sexually abusing an elderly dependent. Following a jury trial in the Los Angeles County Superior Court, defendant was found guilty of two counts: one count of misdemeanor elder abuse and one count of felony sexual battery on an elderly or dependent adult.  In August 2018, the CNA allegedly sexually abused one dependent resident after escorting her to the restroom. A criminal investigation by the Attorney General’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) in collaboration with the Los Angeles County Sheriff’s Department followed a report of the incident.  “Caretakers are responsible for caring for our elderly and dependent adults with compassion – we will not stand idly by when bad actors abuse their power and harm our loved ones. The crimes that took place under the care of Jose de Jesus Quiroz are simply unacceptable. No senior citizen should have to fear sexual and physical abuse,” said Attorney General Bonta.  Sentencing in this case is scheduled for later this year.

Protecting Your Older Loved Ones From Sexual Abuse

Fortunately, an employee at the facility reported her suspicions to her supervisor who reported the suspicions to the police.  The employee and her supervisor are mandated reporters of abuse and followed the law in reporting the suspicions. Cal. Welf. & Inst. Code § 15630(b)(1)(A)(ii).  If you have any suspicions that a loved one in a nursing home is suffering any kind of abuse, alerts the home’s administrator and the authorities. If your loved one is already a nursing home resident, consider an in-room surveillance camera. Surveillance cameras in a senior’s 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 financial elder abuse, and their families and heirs, here in San Francisco 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:info@evanslaw.com”>info@evanslaw.com</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.

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