California Elder Sexual Abuse Attorneys

Few decisions are as difficult for a family as deciding whether or not to trust the well-being of an elderly loved one in a nursing home facility or a professional caregiver.

When these families later learn that their loved one has fallen prey to sexual abuse at the hands of these professionals, it can be devastating. This is often a criminal matter, but a guilty verdict is unlikely to provide the victims of these heinous crimes the compensation they deserve.

At Manly, Stewart & Finaldi, our California sexual abuse attorneys have committed our firm to representing victims of elder sexual abuse and their families. We have decades of experience in this arena and have recovered $1.5 billion in relief for our clients. If you and your family have been affected, we invite you to contact our dedicated California elder sexual abuse lawyers today.

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Why Hire Our California Elder Sexual Abuse Lawyer?

Inappropriate or criminal behavior from an employee or caregiver can permanently change a victim’s life. Elder sexual abuse attorneys understand the special needs of elder abuse survivors and how to fill them.

An  California elder sexual abuse lawyer from Manly, Stewart & Finaldi can aggressively fight back against elder abuse and neglect on your behalf. We treat clients as we would want our own family members to be treated: with respect and compassion.

Having elder sexual abuse attorneys on your side can give your family peace of mind during this traumatic time. You can focus on moving forward while we concentrate on holding the care facility accountable for its actions.

We can leverage our passion and experience to advocate for you or a family member. If you do not know where to turn for answers or support after discovering elder abuse, trust our California elder sexual abuse lawyers to help you obtain the resolution you need.

We Are America’s Leading Sexual Abuse Law Firm

Our firm has received national coverage on multiple news stations and newspapers for the work that we have done. We are committed to ensuring out clients receive justice and this includes taking on large institutions.

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What Is Elder Sexual Harassment and Abuse?
What Are the Warning Signs? 
How Common is Elder Sexual Abuse?
Why Is Elder Sexual Abuse Underreported?
California Statute of Limitations for Sexual Elder Abuse
Potential Compensation
How To Report Elder Sexual Abuse in California
Contact Us

What Is Elder Sexual Harassment and Abuse?

When a nursing home employee or senior caregiver makes sexual comments or advances toward an elderly individual, this is inappropriate behavior that can justify legal action on behalf of the victim or their family.

Sexual harassment is not acceptable under any circumstance, but in cases of elder harassment or abuse, it is especially heinous because the victim frequently is unable to speak up, either through fear, embarrassment, or due to diminished abilities. A California sexual harassment attorney is able to help you pursue legal recourse.

If a family member has become the victim of physical elder sexual harassment or abuse, it is extremely important that you learn what your legal rights and options for recourse are. It is possible that you may be entitled to file a lawsuit to seek compensation for damages for the emotional or physical trauma that has occurred.

The best way to learn what steps to take in your particular situation is by speaking with a trusted California sexual abuse attorney about the details of the harassment that took place.

What Are the Warning Signs of Nursing Home or Elder Sexual Abuse?

Even if victims have difficulty communicating sexual abuse, family members should look for visible warning signs including some of the following:

  • Unexplained blood stains on clothing linens or bedsheets
  • Bleeding and bruising in the genital area
  • Bruising and handprints on the inner thighs, breasts, and buttocks
  • Unusual fear and anxiety, especially when a certain person such as a suspected staff member is nearby
  • Presence of a sexually transmitted disease or infection in the genital area
  • Depression and refusal to communicate

How Common is Elder Sexual Abuse?

A lot of people may not know about abuse in nursing homes. Since many elderly victims of physical abuse do not come forward on their own to report the abuse, it may be up to loved ones to be on the lookout for signs of emotional abuse, neglect or malnutrition.

If you have someone in a care facility or another long-term living facility, visit as often as you can and pay attention during visits for red flags. If you suspect that someone you care about is a victim of elder sexual abuse you should report your suspicions immediately to the authorities and discuss your situation with an exceptionally qualified elder sexual abuse lawyer.

A legal advocate can inform you of your rights and legal options in your case and assist you in filing a lawsuit to hold the responsible parties liable for their nursing home abuse.

Why Is Elder Sexual Abuse Underreported?

The RAINN (Rape, Abuse & Incest National Network) reports that there are several reasons why elder sexual abuse is underreported. They can include:

  • Being unable to report, due to physical or mental ability. For example, dementia patients may have a difficult time remembering what has happened to them or being able to express it to others.
  • Depending on the abuser for care and basic needs
  • Fearing retaliation from the abuser
  • Fearing that reporting the abuse will end with them being placed in an institution
  • Feeling ashamed to tell someone that a loved one is hurting them or taking advantage of them
  • Having concerns that the report will get the abuser in trouble — this can be especially true if the abuser is someone that the elder is close to or cares about
  • There are also times when sexual abuse or assault is reported but isn’t taken seriously because of the victim’s age or assumptions about their mental capabilities.

Abusers in nursing homes are in an extremely powerful position to prevent disclosure. They can threaten to withhold food, medication or other services and use this to intimidate victims. It’s extremely important that if neglect and abuse is discovered, to hold the caregivers accountable.

California Statute of Limitations for Sexual Elder Abuse

Time limits are important for personal injury claims. Like all states, California enforces statutes of limitations on all types of civil lawsuits. Statutes of limitations are deadlines by which plaintiffs must file their claims or else lose the right to demand compensation. Elder abuse cases fall under California Code of Civil Procedure section 335.1. This code gives two years from the date of the incident to bring an action for injury, assault, battery or death of an individual from the wrongful act or neglect of another individual or entity.

If you fail to bring your elderly abuse claim within two years, you may give up any right to seek compensation. The California courts will generally deny claims that come after their statutes of limitations pass, except in very specific situations. If you do not discover the abuse of your loved one until after the date it occurs, the clock will not start ticking until the date of discovery. Learn your exact deadline to file during a free consultation with our elder abuse attorneys.

What Compensation Could I Receive?

At Manly, Stewart & Finaldi, we believe in restoring the power to dependent adults who have suffered emotional abuse, sexual battery or neglect at the hands of caregivers in nursing home settings. We may be able to help you or your family obtain financial compensation from one or more at-fault parties.

The abuser could owe your family money, or else the institution that was in charge of your loved one’s safety and wellbeing could be vicariously liable. Either way, our sexual elder abuse lawyers can help you request an appropriate amount for your damages.

Potential compensation can include:

  • Physical pain and suffering
  • Mental or psychosocial harm
  • Diminished quality of or enjoyment of life
  • Temporary or permanent disabilities
  • Abuse-related medical costs
  • Wrongful death
  • Punitive damages

Many successful physical elderly abuse cases in Southern California result in punitive damages for the plaintiff. Punitive damages aim to punish the facility or caregiver for gross negligence or malicious intent to emotional/physical harm. A punitive damage award could increase your total financial recovery and help you and your family move forward in peace after physical elder abuse, neglect or harassment.

How To Report Elder Sexual Abuse in California

Reporting elder sexual abuse refers to a few different official processes.

  1. Call the police. Call 911 in an emergency, such as if someone is in immediate danger of elder sexual abuse. Calling the police can protect the survivor as well as prompt experienced professionals to investigate the case. The police can connect the survivor to important resources, such as physicians and therapists, as well as arrest the alleged perpetrator. The police can then search for evidence against the perpetrator to support a criminal case.
  2. Notify the caregiver or living facility. Reporting elder sexual abuse also refers to notifying the nursing home or care facility, if applicable. If the survivor was in the care of a professional caregiver or long-term living facility, you should notify the establishment of what happened. This will create an official report of the incident in writing. The nursing home should cooperate with the police and terminate the staff member’s employment to help protect others. The nursing home may face vicarious liability for the crimes of an employee.
  3. Contact Adult Protective Services. If the danger is not imminent to the elder, report the abuse to the local Adult Protective Services (APS) agency.  They will respond to reports of known or suspected abuse or neglect, conducting an investigation, and arranging for the delivery of services from available community agencies.
  4. Contact the Ombudsman Program. Finally, reporting elder sexual abuse refers to contacting the Ombudsman Program in your state. Call (800) 231-4024 to reach California’s CRISIS line for elder sexual abuse cases. This hotline is open 24/7 to specifically take complaints regarding long-term care facilities. An Ombudsman representative can express the wishes of the survivor, review a report and investigate a potential case of sexual abuse at a nursing home – all at no cost to the survivor and while keeping the details of the case completely confidential.

Contact Our California Elder Sexual Abuse Lawyer Today

If you believe you have a legitimate claim against the care facility or healthcare provider, Manly, Stewart & Finaldi invites you to call our offices. We’re ready to assess your options and, if necessary, aggressively pursue the recognition and compensation your family deserves.

We understand these situations are very private and emotionally difficult, and our legal team has deep compassion, dedication and a high degree of sensitivity to the matters that must be addressed. We are committed to relentlessly pursuing the best possible outcome to bring justice in your case and closure to you and your family.

Call our California elder sexual abuse lawyer at (800) 700-8450 or use our online form to schedule a free, confidential consultation.