Kansas City Elder Sexual Abuse Attorneys

What Is Sexual Abuse? 

Sexual abuse includes any unwanted or nonconsensual sexual conduct, including sexual acts and groping. When a person cannot legally grant consent—due to age, impairment, or other—any sexual act committed against them by another can be classified as abuse. 

Some examples of sexual abuse include: 

• Rape: Rape involves non-consensual sexual intercourse, where penetration is forced upon the victim through physical force, coercion, manipulation, or incapacitation.
• Attempted rape: Attempted rape refers to an unsuccessful or incomplete act of rape, where the perpetrator tries to engage in non-consensual sexual intercourse but is thwarted before completion.
• Molestation: Molestation involves inappropriate or unwanted sexual behavior towards another person, often a child, through touching, fondling, or other sexual acts.
• Groping: Groping refers to touching or fondling someone in a sexual manner without their consent, often in a public setting or crowded environment.
• Forced sexual acts: This encompasses a range of sexual acts, including oral sex, anal sex, or other sexual activities, that are imposed upon someone against their will or without their consent.
• Exposing oneself: This involves intentionally exposing one's genitals or engaging in indecent exposure in front of another person without their consent.
• Unwanted kissing or touching: This includes any form of kissing, touching, or physical contact of a sexual nature that is unwanted or non-consensual.
• Preventing someone from protecting themselves from sexually transmitted infections (STIs): This can involve coercing or manipulating someone into engaging in sexual activity without protection, thereby increasing their risk of contracting sexually transmitted infections.

Sexual abuse and assault of all kinds are never acceptable. If you believe that you or someone you love has been the victim of sexual abuse in a nursing home or similar setting, take immediate action. If you believe that you or your loved one are in immediate danger, call 911. In all other instances, you may report known or suspected elder sexual abuse to law enforcement and/or the appropriate state agency.

What Are the Signs of Elder Sexual Abuse? 

Elderly individuals who have experienced sexual abuse may be unwilling or afraid to report the abuse. Others, including those with mental impairments, may be incapable of reporting it or even recognizing that what they have experienced constitutes abuse. For these reasons, it is very important that family members and loved ones know the signs of elder sexual abuse. 

Some of the most common signs of sexual abuse in nursing homes and other long-term care facilities include: 

• Unexplained injuries, including bruises, scratches, and scrapes
• Injuries to or near the groin, thighs, genitals, or female breasts 
• Newly developed sexually transmitted infections (STIs) 
• New or worsened depression, anxiety, and other mental health conditions
• Withdrawal, agitation, irritability, and mood swings
• Torn, damaged, or stained clothing
• Difficulty walking or sitting 
• Changes in sleep patterns (insomnia, excessive sleep, fatigue, etc.)
• Apparent fear of being around a caregiver or resident

If you notice these or any other signs of elder abuse, contact the appropriate authorities right away. Then, reach out to our team at the Law Office of Tom Wagstaff Jr. to learn how we can help you and your loved one seek justice. 

How Elder Sexual Abuse Can Lead to a Civil Lawsuit

Elder sexual abuse constitutes a violation of the victim's fundamental rights to safety, dignity, and bodily autonomy. Civil lawsuits provide a legal avenue for victims to seek redress for these violations and hold perpetrators accountable.

In many cases of elder sexual abuse, there may be allegations of negligence on the part of caregivers, nursing homes, or other responsible parties. Civil lawsuits allow victims to pursue compensation for damages resulting from the negligence of these entities, such as failing to adequately screen staff, provide proper supervision, or respond appropriately to reports of abuse.

Victims of elder sexual abuse may incur significant medical expenses for physical injuries, as well as psychological counseling and therapy to address emotional trauma. Civil lawsuits seek compensation for these expenses, as well as damages for pain and suffering, emotional distress, and loss of quality of life.

In cases where the elder sexual abuse involves egregious misconduct or willful disregard for the victim's rights, civil lawsuits may seek punitive damages. Punitive damages aim to punish the perpetrator or responsible parties and deter similar misconduct in the future.

Civil lawsuits for elder sexual abuse serve as a means of accountability for perpetrators and institutions that fail to protect vulnerable elderly individuals. By holding wrongdoers accountable and imposing financial liability, civil lawsuits incentivize institutions to implement stronger safeguards and preventive measures to ensure the safety and well-being of elderly residents.