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Jun 20, 2023 by |

Santa Clara County Elder And Nursing Home Abuse Attorney: Nursing Home Aide Sentencing For Raping 81-Year-Old Dementia Patient


Another Facility Employee Notices Blood On Bed

Victim Has No Memory Of Anything

Police Use DNA Evidence

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, and the numbers are increasing year by year. 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. Rape and other forms of sexual assault are crimes and also criminal acts of physical elder 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 elder abuse includes any type of sexual assault).  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 in Santa Clara County or elsewhere in California.  Our toll-free number is 1-888-50EVANS (888-503-8267).

Caregiver Sentenced For Sexual Assault

In a recently reported case,[1] a former caregiver at an assisted living facility was sentenced this week for raping a resident with dementia.  A judge sentenced the individual to 7½ years in prison.  On the morning of Sept. 7, 2021, an employee noticed blood on the bedding of an 81-year-old resident, according to felony charges filed in court. The employee also found a condom on the floor next to the bed. She immediately alerted her supervisor.  Blood had been found in her bed on two other occasions, in June and August 2021, court documents said. The victim’s daughter, who spoke Vietnamese and could communicate with her, asked her if anything happened, according to court papers. She said she had no memory of anything, and she was taken to the hospital for a sexual assault examination. The defendant and another male employee at the facility voluntarily provided DNA samples for analysis. The DNA profile from the lab results suggested “very strong support” the defendant was a contributor, according to the lab report.  Courts papers reveal that the defendant had been working at the facility since January 2021. Before then, he had worked at two other care homes. Police discovered he was also the working the night shift on the two other occasions that blood was found on the bed.

Protecting Your Older Loved Ones From Sexual Abuse

Fortunately, an employee at the facility reported the blood she saw on the victim’s bedding 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:

Contact Us

Ingrid M. Evans represents victims of financial elder abuse, 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=””></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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