Sexual Abuse of Elderly Residents — Georgia & South Carolina Attorneys
Sexual abuse of elderly nursing home residents is among the most underreported and devastating forms of elder abuse. Residents with dementia, physical disabilities, or cognitive impairments are especially vulnerable because they may be unable to resist, communicate what happened, or be believed when they report it. Research published by the National Center on Elder Abuse indicates that sexual abuse accounts for a significant portion of substantiated nursing home abuse cases, yet experts believe the vast majority of incidents go unreported.
At Roden Law, our attorneys handle these cases with the sensitivity they demand and the aggressive legal representation victims deserve. We represent nursing home sexual abuse victims and their families throughout Georgia and South Carolina, pursuing both civil accountability and criminal prosecution.
Forms of Sexual Abuse in Nursing Homes
Sexual abuse of nursing home residents can involve staff members, other residents, or outside individuals who gain access to the facility. It includes:
- Non-consensual sexual contact: Any sexual touching without the resident’s informed consent, including touching of intimate body parts during care that exceeds legitimate medical purposes
- Sexual assault and rape: Forced sexual acts against residents who are physically unable to resist or cognitively unable to consent
- Sexual exploitation: Photographing residents in states of undress, exposing residents, or forcing residents to witness sexual acts
- Resident-on-resident sexual abuse: Failure to protect vulnerable residents from sexually aggressive residents, particularly those with behavioral conditions
Warning Signs of Sexual Abuse in Nursing Homes
Because victims often cannot report the abuse themselves, families should be alert to these warning signs:
- Unexplained bruising around the breasts, genitals, inner thighs, or buttocks
- Unexplained sexually transmitted infections or urinary tract infections
- Torn, stained, or bloody undergarments or bedding
- Sudden behavioral changes — withdrawal, agitation, fearfulness, especially around specific staff members
- Difficulty sitting or walking without prior mobility issues
- Reluctance to be undressed for bathing or medical examinations
Legal Protections for Nursing Home Residents
Both states impose criminal penalties and civil liability for sexual abuse of elderly or vulnerable adults:
- Georgia: O.C.G.A. § 16-5-100 (Abuse of a Disabled Adult or Elder Person) makes physical and sexual abuse of persons 65 or older a felony punishable by up to 20 years. Additionally, O.C.G.A. § 31-8-1 et seq. provides a regulatory framework for nursing home accountability.
- South Carolina: S.C. Code § 43-35-10 et seq. (Omnibus Adult Protection Act) criminalizes abuse of vulnerable adults and mandates reporting by facility staff. Sexual abuse of a vulnerable adult is a felony with significant prison sentences.
Nursing homes that fail to perform adequate background checks, maintain proper supervision, or respond to reports of abuse face direct civil liability. The federal Nursing Home Reform Act requires facilities to ensure residents are free from abuse and to investigate and report all allegations.
Pursuing Justice for Sexual Abuse Victims
Our attorneys pursue civil claims for the full scope of damages, including medical treatment, psychological counseling, pain and suffering, emotional distress, and punitive damages. We also coordinate with law enforcement to ensure criminal prosecution of abusers. When sexual abuse results in the death of a resident, wrongful death claims are available to surviving family members. Physical abuse often accompanies sexual abuse, and our investigation covers all forms of harm.